Regulation 8 Effect of making a cash equivalent transfer payment

This regulation applies where the cash equivalent of the transferor's transferable rights has been transferred into F1the EU scheme.

Section 22(4) of F2the 1992 Acts M1 (earnings factors) shall be read as if it included the following—

“or

(c)

in a case where the cash equivalent of a person's transferable rights has been transferred in accordance with the Transfer of State Pensions and Benefits Regulations 2007, for the tax year in which that payment was made and any earlier tax year—

(i)

in the case of 1987-88 or any subsequent tax year, from so much of his earnings as did not exceed the upper earnings limit and upon which primary Class 1 contributions have been paid, treated as paid or credited and from Class 2 and Class 3 contributions; and

(ii)

in the case of any earlier tax year, from any of his Class 1, 2 or 3 contributions.”.

Nothing in the 1992 ActsF3, Part 1 F4or Part 5 of the Pensions Act 2014, Part 1 or Part 5 of the Pensions Act (Northern Ireland) 2015 or in regulations made under F5those Acts shall operate—

Where the transferor returns to work in the United Kingdom, he shall not be entitled to credits under—

Where, at the date on which the cash equivalent of his transferable rights was transferred, a transferor's former spouse or civil partner is treating the contributions of the transferor as if they were his own contributions in accordance with section 48 of the 1992 Acts (use of former spouse's contributions), that transfer shall not have the effect of causing the former spouse's or civil partner's Category A pension to be re-calculated.