Section 121 Alienation or forfeiture of occupational pensionI1

England, Wales and Scotland

(1)

The Pensions Act 1995 is amended in accordance with subsections (2) and (3).

(2)

In section 91 (inalienability of occupational pension)—

(a)

in subsection (6), in the words after paragraph (b)—

(i)

for “there is a dispute as to its amount” substitute “a dispute has arisen as to the amount of the monetary obligation in question”;

(ii)

for the words from “the obligation in question” to the end substitute “one of the following conditions is met.”;

(b)

after subsection (6) insert—

“(6A)

The conditions mentioned in subsection (6) are—

(a)

that the dispute has been resolved by the parties to it;

(b)

that the Pensions Ombudsman has made a determination under Part 10 of the Pension Schemes Act 1993or Part 10 of the Pension Schemes (Northern Ireland) Act 1993 (investigations) as to the amount of the monetary obligation in question;

(c)

that the monetary obligation in question has become enforceable—

(i)

under an order of a competent court, or

(ii)

in consequence of an award of an arbitrator or, in Scotland, an arbiter to be appointed (failing agreement between the parties) by the sheriff.”

(3)

In section 93 (forfeiture by reference to obligation to employer), in subsection (3)—

(a)

for “there is a dispute” substitute “a dispute has arisen”;

(b)

for the words from “the obligation has become” to the end substitute

“—

(a)

the dispute has been resolved by the parties to it,

(b)

the Pensions Ombudsman has made a determination under Part 10 of the Pension Schemes Act 1993or Part 10 of the Pension Schemes (Northern Ireland) Act 1993 (investigations) as to the amount of the monetary obligation in question, or

(c)

the monetary obligation in question has become enforceable—

(i)

under an order of a competent court, or

(ii)

in consequence of an award of an arbitrator or, in Scotland, an arbiter to be appointed (failing agreement between the parties) by the sheriff.”

(4)

The Pensions (Northern Ireland) Order 1995 is amended in accordance with subsections (5) and (6).

(5)

In Article 89 (inalienability of occupational pension)—

(a)

in paragraph (6), in the words after sub-paragraph (b)—

(i)

for “there is a dispute as to its amount” substitute “a dispute has arisen as to the amount of the monetary obligation in question”;

(ii)

for the words from “the obligation in question” to the end substitute “one of the following conditions is met.”;

(b)

after paragraph (6) insert—

“(6A)

The conditions mentioned in paragraph (6) are—

(a)

that the dispute has been resolved by the parties to it;

(b)

that the Pensions Ombudsman has made a determination under Part 10 of the Pension Schemes (Northern Ireland) Act 1993 or Part 10 of the Pension Schemes Act 1993 (investigations) as to the amount of the monetary obligation in question;

(c)

that the monetary obligation in question has become enforceable—

(i)

under an order of a competent court, or

(ii)

in consequence of an award of an arbitrator.”

(6)

In Article 91 (forfeiture by reference to obligation to employer), in paragraph (3)—

(a)

for “there is a dispute” substitute “a dispute has arisen”;

(b)

for the words from “the obligation has become” to the end substitute

“—

(a)

the dispute has been resolved by the parties to it,

(b)

the Pensions Ombudsman has made a determination under Part 10 of the Pension Schemes (Northern Ireland) Act 1993 or Part 10 of the Pension Schemes Act 1993 (investigations) as to the amount of the monetary obligation in question, or

(c)

the monetary obligation in question has become enforceable—

(i)

under an order of a competent court, or

(ii)

in consequence of an award of an arbitrator.”

Annotations

Commencement

I1: S. 121 in force at 29.6.2026, see s. 133(11)(a)