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Paragraph 8 F1

England, Wales and Scotland

The rules shall provide for effect to be given to the protected rights of a member—

(a)

in any case where sub-paragraph (2) of paragraph 9 below so requires, by the purchase of such an annuity as is mentiioned in that sub-paragraph, and

(b)

in any other case, in such of the ways permitted by that paragraph as the rules specify,

and they shall not provide for any part of a member’s protected rights to be discharged otherwise than in accordance with that paragraph.

F2X1(4)

The value of protected rights such as are mentioned in sub-paragraph (2) above—

(a)

shall be calculated in a manner no less favourable than that in which the value of any other rights of the member to money purchase benefits under the scheme are calculated;

(b)

subject to that, shall be calculated and verified in such manner as may be prescribed.

(5)

The power to make regulations conferred by sub-paragraph (4) above included power to provide that protected rights such as are mentioned in sub-paragraph (2) above are to be calculated and verified in such manner as may be approved in particular cases—

(a)

by prescribed persons; or

(b)

by persons with prescribed professional qualifications or experience; or

(c)

by persons approved by the Secretary of State,

and power to provide that they shall be calculated and verified in accordance with guidance prepared by a prescribed body.

Annotations

Textual amendments

F1

Paragraph 8 substituted (21.7.1989) by Social Security Act 1989 (c. 24), Sch. 6, para. 20(1), subject to saving in reg. 3 of S.I. 1989/1239

F2

Sch. 1 paras. 7(4)(5), 8: under a saving in regulation 3 of S.I. 1989/1239, Schedule 1 has effect in specified circumstances until 1.12.1990 as if the amendments made to it by paragraphs 19 and 20 of Schedule 6 to the Social Security Act 1989 (c. 24) had not been enacted. For those circumstances, paragraphs 7(4) and (5) and 8 of Schedule 1 are reproduced

Editorial notes

X1

Under a saving in regulation 3 of S.I. 1989/1239, Schedule 1 has effect in specified circumstances until 1.12.1990 as if the amendments made to it by paragraphs 19 and 20 of Schedule 6 to the Social Security Act 1989 (c. 24) had not been enacted. For those circumstances, paragraphs 7(4) and (5) and 8 of Schedule 1 are reproduced

Notes on Schedule 1

Textual amendments

F1

Sch. 1 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2