Regulation 12 Payments by larger pension schemes

(1)

A payment by a public service pension scheme or an occupational pension scheme if—

(a)

there are at least 50 members;

(b)

any of conditions A, B or C is satisfied;

(c)

the member has reached the age of 60, but has not reached the age of 75;

(d)

the member—

(i)

is not a controlling director of a sponsoring employer of this or any related scheme, and

(ii)

is not a person connected to such a person;

(e)

the payment does not exceed £2,000;

(f)

the payment extinguishes the member’s entitlement to benefits under this scheme;

(g)

ignoring any transfer within paragraph (5), no excluded transfer was made into this scheme in relation to the member during the 5 years preceding the date of the payment; and

(h)

no recognised transfer was made out of this scheme in respect of the member during the 3 years preceding the date of the payment.

(2)

Condition A is that the scheme was in existence on 1st July 2008.

(3)

Condition B is that—

(a)

the payment is in respect of a defined benefits arrangement; and

(b)

the aggregate amount of the sums and assets held for the purposes of defined benefits arrangements is more than half of the aggregate amount of all the sums and assets held for the purposes of this scheme.

(4)

Condition C is that in respect of at least 20 members the aggregate amount of the sums and assets held for the purpose of the arrangement exceed £2,000.

(5)

A transfer is within this paragraph if it is a transfer of sums and assets described in paragraph 12(8)(b), (c) or (d) of Schedule 36^f1 (enhanced protection – permitted transfers).

(6)

In paragraphs (3) and (4), the “aggregate amount” is an amount equal to the aggregate of the amount of the sums and the market value^f2 of the assets concerned.

Annotations

Footnotes

f1: Paragraphs (c) and (d) of paragraph 12(8) were inserted by paragraph 17 of Schedule 20 to the Finance Act 2007 (c. 11).
f2: Section 278 of the Finance Act 2004 defines “market value”.