Regulation 14ZD Individual to whom flexible drawdown arrangements applied before 6 April 2015 must tell other schemes if active or contributing etcF1
United Kingdom
Paragraphs (3) and (4) apply if—
at any time before 6 April 2015, section 165(3A) applied to an arrangement relating to an individual under a registered pension scheme (the “flexed” registered pension scheme), and
on or after 6 April 2015, the individual is an accruing member (see paragraph (9)) of the flexed or any other registered pension scheme.
In this regulation “the relevant 13-week period” means the period of 91 days beginning with—
6 April 2015 if on that date the individual is an accruing member of any registered pension scheme, or
if not, the first day after 6 April 2015 when the individual is an accruing member of a registered pension scheme.
The individual must, before the end of the relevant 13-week period, provide the information specified in paragraph (5) to the scheme administrator of each registered pension scheme of which the individual is an accruing member on the first day of the relevant 13-week period; but this is subject to paragraphs (6) and (8).
Where, in the case of a particular registered pension scheme other than the flexed scheme, the individual is not an accruing member of that other scheme on the first day of the relevant 13-week period but becomes an accruing member of that other scheme on a day ( “ the activation day ”) after the first day of that period, the individual must, before the end of the 91 days beginning with the activation day, provide the information specified in paragraph (5) to the scheme administrator of that other scheme; but this is subject to paragraphs (7) and (8).
The information is that, as a result of section 227G(3), the individual is treated for the purposes of sections 227B to 227F as having first flexibly accessed pension rights at the start of 6 April 2015.
Paragraph (3) does not require that information to be provided to the scheme administrator of a particular scheme if, immediately before 6 April 2015, section 165(3A) applied to an arrangement relating to the individual under that scheme.
Paragraph (4) does not require that information to be provided to the scheme administrator of a particular scheme if the individual becomes an accruing member of that scheme upon or after becoming a member of that scheme as a result of a recognised transfer made to the scheme after 6 April 2015.
Paragraph (3) or (4), as the case may be, does not require that information to be provided to the scheme administrator of a particular scheme if the individual has complied with regulation 14ZB(3) or (4) or 14ZE(3) or (4), or has previously complied with paragraph (3) or (4), F2or has complied with regulation 3AB(2) or (3) of the Pension Schemes (Information Requirements for Qualifying Overseas Pension Schemes, Qualifying Recognised Overseas Pension Schemes and Corresponding Relief) Regulations 2006, in relation to the scheme administrator of that scheme.
For the purposes of this regulation, the individual is an accruing member of a registered pension scheme on any particular day if—
the individual is an active member of the scheme on that day as a result of there presently being arrangements for the accrual of benefits to or in respect of the individual under a cash balance arrangement or hybrid arrangement, or
a relevant contribution is made under the scheme on that day.
For the purposes of this regulation, a relevant contribution is made under a registered pension scheme if—
a relievable pension contribution is paid by or on behalf of the individual under a non-cash-balance money purchase arrangement relating to the individual under the scheme,
a contribution is paid in respect of the individual by an employer of the individual under a non-cash-balance money purchase arrangement relating to the individual under the scheme, or
a contribution—
paid under the scheme by an employer of the individual, and
paid otherwise than in respect of any individual,
becomes held for the purposes of a non-cash-balance money purchase arrangement relating to the individual under the scheme;
and in this paragraph “non-cash-balance money purchase arrangement” means a money purchase arrangement other than a cash balance arrangement.
Annotations
Textual amendments
- F1
Regs. 14ZA-14ZE inserted (6.4.2015) by Taxation of Pensions Act 2014 (c. 30), Sch. 1 paras. 87, 91(a) (with Sch. 1 para. 91(b))
- F2
Words in reg. 14ZD(8) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Registered Pension Schemes (Provision of Information) (Amendment No. 2) Regulations 2015 (S.I. 2015/1455), regs. 1(1)(2), 9