Regulation 10 Rights to take benefit before normal minimum pension age to continue after the Accrued Rights TransferI1

United Kingdom

(1)

Paragraphs (2) and (3) apply where—

(a)

the RMPP was a protected pension scheme under paragraph 22(2) of Schedule 36^f1 in relation to a member; and

(b)

the Accrued Rights Transfer has taken place.

(2)

The Transfer is to be treated as a block transfer within the meaning of paragraph 22(6) of Schedule 36 for the purposes of paragraphs 21 and 22 (rights to take benefit before normal minimum pension age) of that Schedule.

(3)

In relation to the retirement condition in paragraph 22(7) of Schedule 36—

(a)

the requirement in paragraph (a) is to be treated as met if the member becomes entitled to all the benefits payable to the member under arrangements under both the RMPP and the new public scheme (to which the member did not have an actual entitlement on or before 5th April 2006) on the same date; and

(b)

in respect of the requirement in paragraph (b), direct or indirect references to a sponsoring employer in Condition 1, 2 or 3 in sub-paragraphs (7A), (7B), (7C) or (7E) (as the case may be) are to be read as references to a sponsoring employer of the RMPP.

Annotations

Commencement

I1: Reg. 10 in force at 1.4.2012, see reg. 1(1)

Footnotes

f1: Paragraph 22 was amended by paragraphs 1, 54 and 55 of Schedule 10 to the Finance Act 2005, paragraphs 1 and 43 of Schedule 23 to the Finance Act 2006 and paragraphs 423 and 432(3) of Schedule 1 to the Corporation Tax Act 2010.