Regulation 35 Definition of eligible pension credit rightsF1

England, Wales and Scotland

(1)

For the purposes of section 40(3) of the 1999 Act, pension credit rights are eligible if they fall within paragraph (2) and are not excluded by paragraph (3).

(2)

Pension credit rights are within this paragraph if—

(a)

they are derived from rights attributable to pensionable service on or after 6th April 1997 of the member whose pension rights were the subject of a pension sharing order or provision; F2...

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

Excluded pension credit rights are—

(a)

rights to pensions which are money purchase benefits and which become pensions in payment on or after 6th April 2005; or

(b)

rights derived from additional voluntary contributions.

Annotations

Textual amendments

F1: Reg. 35 substituted (6.4.2005) by The Personal and Occupational Pension Schemes (Indexation and Disclosure of Information) (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/704), regs. 1(2), 16
F2: Reg. 35(2)(b) and word omitted (6.4.2009) by virtue of The Pensions Act 2008 (Abolition of Safeguarded Rights) (Consequential) Order 2009 (S.I. 2009/598), arts. 1, 8(8)