Regulation 26 Indexation of cash balance benefits etc: pensions in payment before the appointed dayI1

England, Wales and Scotland

(1)

Section 51 of the 1995 Act (annual increase in rate of pension)^f1 does not apply to a pension or part of a pension payable under an occupational pension scheme which meets the conditions specified in paragraph (2).

(2)

The conditions specified in this paragraph are that—

(a)

the pension or part of a pension—

(i)

is derived from any of the benefits specified in paragraph (3) which were attributable to a member’s pensionable service on or after 6th April 1997; and

(ii)

first came into payment on or after 6th April 2005 but before the appointed day;

(b)

the trustees or managers of the scheme before the appointed day treated those benefits as if they were money purchase benefits; and

(c)

the pension or part of a pension is not, under the scheme, required to be increased each year or is to be increased at a rate below that required by section 51 of the 1995 Act.

(3)

The benefits specified in this paragraph are—

(a)

cash balance benefits;

(b)

a defined benefit minimum (in relation to money purchase underpin benefits or cash balance underpin benefits); and

(c)

top-up benefits.

Annotations

Commencement

I1: Reg. 26 comes into force in accordance with reg. 1(1)

Footnotes

f1: Section 51 was amended by section 84(1) of and Schedule 12 to the Welfare Reform and Pensions Act 1999 (c. 30) (“the 1999 Act”), section 51(1) of the Child Support, Pensions and Social Security Act 2000 (c. 19) (“the 2000 Act”), section 278(1), (2)(b) and (c), (3), (5) and (6)(a) and (b) of the 2004 Act, sections 19(7) and (8) and 21(1), (2) and (3) of the Act and S.I. 2006/745.