Regulation 7 Meaning of “relevant accretion”

(1)

The following are relevant accretions for the purposes of regulation 6 if they occur after either of the events mentioned in paragraph (2)—

(a)

a payment (“the payment in”) is received by the scheme in respect of the member, other than a contribution into the pension scheme or an excluded transfer into the pension scheme;

(b)

there is an allocation to the arrangement^f1 in the amount by which the value of the sums and assets held for the purposes of the arrangement exceeds the value the scheme administrator^f2 had believed they had; and

(c)

the scheme administrator becomes aware that the member is entitled to a benefit under the pension scheme, provided—

(i)

the scheme administrator had not been aware of the entitlement before the event in paragraph (2), and

(ii)

the scheme administator could not reasonably have been expected to be aware of it before that event.

(2)

The events are—

(a)

there is a recognised transfer to another registered pension scheme or to a qualifying recognised overseas pension scheme^f3 in respect of the member; and

(b)

a scheme pension^f4 or annuity is purchased for the member by the pension scheme from an insurance company^f5.

(3)

In order for the purchase of a scheme pension or annuity on or after 6th April 2006 to be an event within paragraph (2)(b), all or a part of the member’s lifetime allowance^f6 must be available at the time of the purchase.

(4)

The value of a relevant accretion is—

(a)

in the case of a payment in within paragraph (1)(a), the amount of the payment; or

(b)

in the case of an allocation within paragraph (1)(b), the amount by which the value of the sums and assets exceeds the value they had been believed to have;

(c)

in the case described in paragraph (1)(c), the value of the benefit to which the member is entitled.

(5)

In paragraph (1)(a), “contribution” does not include any amount mentioned in section 188(3) (c) (rebates and minimum contributions paid by the Board of Inland Revenue^f7).

Annotations

Footnotes

f1: Section 152(1) of the Finance Act 2004 defines “arrangement”.
f2: Section 270 of the Finance Act 2004 defines “scheme administrator”.
f3: Section 169 of the Finance Act 2004 defines “qualifying recognised overseas pension scheme”.
f4: Paragraph 2 of Schedule 28 to the Finance Act 2004 defines “scheme pension”.
f5: Section 275 of the Finance Act 2004 defines “insurance company”.
f6: Section 218 of the Finance Act 2004 specifies the amount of the lifetime allowance.
f7: The functions of the Board of Inland Revenue mentioned in section 188(3)(c) of the Finance Act 2004 (and other functions) were transferred to officers of Revenue and Customs by section 7 of the Commissioners for Revenue and Customs Act 2005 (c. 11).