Solon does not know this law's official route yet. The proposal is recorded all the same, and the route appears here once its source is added.
195 provisions
114 Eligible child’s pension
(1) This regulation applies if a member of this scheme dies leaving an eligible child.
(2) An eligible child’s pension is only payable in respect of such period or periods during which a child or young person is an eligible child.
(3) An eligible child’s pension is not payable in respect of any period before a child’s birth.
(4) An eligible child’s pension is payable in respect of an eligible child as follows—
(a) a child’s earned pension is payable if the member was entitled to the immediate payment of a full retirement pension as at the date of the member’s death or the member would have become entitled to such a pension had the member not died;
(b) a child’s lower tier earned pension is payable if a lower tier earned pension was payable to the member as at the date of the member’s death;
(c) a child’s upper tier top up earned pension is payable if an upper tier top up earned pension was payable to the member as at the date of the member’s death;
(d) a child’s added pension is payable if the member was entitled to the immediate payment of an added (all beneficiaries) pension as at the date of the member’s death or would have become entitled to such a pension had the member not died.
(1) The annual rate of an eligible child’s pension is determined by reference to the annual rate of the corresponding surviving adult’s pension (disregarding any reduction falling to be made under regulation 111) whether or not a surviving adult’s pension is payable on the death of the member.
(2) For the purposes of this regulation, the corresponding surviving adult’s pensions are—
(a) for a child’s earned pension, a dependant’s earned pension;
(b) for a child’s lower tier earned pension, a dependant’s lower tier earned pension;
(c) for a child’s upper tier top up earned pension, a dependant’s upper tier top up earned pension; and
(d) for a child’s added pension, a dependant’s added pension.
(3) If a surviving adult’s pension is payable on the death of the member—
(a) if an eligible child’s pension is payable in respect of only one eligible child, the annual rate of eligible child’s pension is equal to 80% of the annual rate of the corresponding surviving adult’s pension; and
(b) if an eligible child’s pension is payable in respect of 2 or more eligible children, the annual rate of eligible child’s pension payable to each eligible child is equal to the appropriate fraction of 80% of the annual rate of the corresponding surviving adult’s pension.
(4) If a surviving adult’s pension is not payable on the death of the member—
(a) if an eligible child’s pension is payable in respect of only one eligible child, the annual rate of eligible child’s pension is equal to the annual rate of the corresponding surviving adult’s pension multiplied by 4 and divided by 3; and
(b) if an eligible child’s pension is payable in respect of 2 or more eligible children, the annual rate of eligible child’s pension payable to each eligible child is equal to the appropriate fraction of the annual rate of the corresponding surviving adult’s pension multiplied by 4 and divided by 3.
(5) In this regulation, “the appropriate fraction” means 2 Y where—
Y is the number of eligible children in respect of whom an eligible child’s pension is payable immediately after the date of the member’s death.
(1) A surviving adult’s pension or eligible child’s pension is payable from the day after the date of the member’s death.
(2) Unless the scheme manager directs otherwise, an eligible child’s pension payable in respect of an eligible child aged under 18 must be paid—
(a) if the child is in the care of the member’s surviving adult, to the surviving adult; and
(b) in any other case, to the child’s guardian.
117 Suspension and recovery of pensions paid under this Part
(1) This regulation applies if—
(a) on a member’s death a pension has been awarded and paid under this Part; and
(b) it later appears to the scheme manager that the member or the person to whom the pension has been paid made a false declaration or deliberately suppressed a material fact in connection with the award.
(2) The scheme manager may—
(a) cease paying the pension; and
(b) recover any payment made under the award.
(3) Paragraph (2) does not affect any right the scheme manager has to recover a payment or an overpayment.
118 Provisional awards of eligible child’s pensions: later adjustments
(1) This regulation applies where—
(a) an active member, deferred member or pensioner member of this scheme has died;
(b) a pension is paid in respect of one or more persons under this Part on the basis that they were eligible children as at the date of the member’s death and that there were then no other eligible children; and
(c) it later appears that—
(i) a person in respect of whom such a pension has been paid was not an eligible child on the date of death;
(ii) on that date a further person was an eligible child; or
(iii) a child who was born after the member’s death is an eligible child.
(2) The scheme manager may adjust the amount of pension payable in respect of each eligible child to take account of the matters referred to in paragraph 1(c), as applicable.
(3) Paragraph (2) does not affect any right the scheme manager has to recover a payment or an overpayment.
119 Adjustment of benefits to comply with FA 2004 where members die over 75
(1) This regulation applies if—
(a) a member of this scheme dies after reaching the age of 75; and
(b) apart from this regulation, any part of a pension to which any person becomes entitled under this Part on the death would not qualify as a dependants’ scheme pension for the purposes of section 167 (the pension death benefit rules) of FA 2004.
(2) The benefit payable to the person may be adjusted in any way as determined by the scheme manager so that it qualifies as a dependants’ scheme pension for the purposes of section 167 of FA 2004.
120 Guaranteed minimum pensions for surviving spouses and civil partners
(1) If a person who is the surviving spouse or civil partner of a deceased active, deferred or pensioner member has a guaranteed minimum under section 17 of PSA1993 in relation to benefits in respect of the deceased member under this scheme—
(a) nothing in these regulations permits or requires anything that would cause requirements made by or under that Act in relation to such a person and such a person’s rights under a scheme not to be met in the case of the person;
(b) nothing in these regulations prevents anything from being done which is necessary or expedient for the purposes of meeting such requirements in the case of the person.
(2) Paragraphs (3) and (4) are without prejudice to the generality of paragraph (1).
(3) This paragraph applies if apart from this regulation—
(a) no pension would be payable to the surviving spouse or civil partner under this Part; or
(b) the weekly rate of the pensions payable would be less than the guaranteed minimum.
(4) If paragraph (3) applies—
(a) a pension the weekly rate of which is equal to the guaranteed minimum is payable to the surviving spouse or civil partner for life or, as the case may be, pensions the aggregate weekly rate of which is equal to the guaranteed minimum are so payable; or
(b) if paragraph (3)(b) applies, the pensions payable are increased to the amount specified in sub-paragraph (a).
(5) Paragraph (4) does not apply to a pension that is forfeited—
(a) as a result of a conviction for treason; or
(b) under regulation 165, in a case where the relevant offence within the meaning of regulation 165 is an offence under the Official Secrets Acts 1911 to 1989 or an applicable offence under the National Security Act 2023.
(1) A lump sum death benefit may be paid where—
(a) an active, deferred or pensioner member of this scheme dies; or
(b) a pension credit member of this scheme dies before any benefits attributable (directly or indirectly) to a pension credit become payable.
(2) But a lump sum death benefit is not payable where—
(a) a pensioner member who is not also an active member dies more than 5 years after the member’s full retirement pension or ill-health pension becomes payable; or
(b) a member who dies had reached the age of 75.
(3) The lump sum death benefit must be paid within the period of 2 years beginning with the earlier of—
(a) the day on which the scheme manager first knew of the member’s death; and
(b) the day on which the scheme manager could reasonably be expected to have known of the member’s death.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) A member of this scheme may nominate a person or persons to receive a lump sum death benefit.
(2) The member may nominate—
(a) one or more individuals;
(b) one incorporated or unincorporated body; or
(c) one or more individuals and one incorporated or unincorporated body.
(3) A nomination may specify how payments are to be apportioned between—
(a) 2 or more individuals; or
(b) one or more individuals and one incorporated or unincorporated body.
(4) A nomination may only be made by signed notice to the scheme manager in a form the scheme manager requires or is willing to accept.
(5) A member may revoke or alter a nomination by a further signed notice to the scheme manager in a form the scheme manager requires or is willing to accept.
(1) If the nomination of an individual is invalid, any lump sum death benefit that would have been payable to the individual is payable to the member’s personal representatives.
(2) A nomination of an individual is invalid if—
(a) the individual nominated is the member’s spouse or civil partner and the individual is not the member’s spouse or civil partner when the member dies;
(b) the individual predeceases the member; or
(c) the individual is convicted of the offence of murder of the member.
(3) The scheme manager may determine that the nomination of an individual is invalid if the individual is convicted of manslaughter of the member or any other offence (apart from murder) of which the unlawful killing or wounding of the member is an element.
124 Payment of lump sum death benefit to nominees or personal representatives
(1) The scheme manager may pay a lump sum death benefit to—
(a) the person or persons nominated by the member under regulation 122 (“the nominees”);
(b) the member’s personal representatives; or
(c) both the nominees and the member’s personal representatives.
(2) If the scheme manager decides to pay all or part of the lump sum death benefit to the nominees and more than one individual has been nominated, the payment is to be made to them—
(a) in the proportions specified by the member in the nomination; or
(b) if the member has not specified proportions, in the proportions the scheme manager considers appropriate.
(3) If the scheme manager decides to pay the lump sum death benefit to both the nominees and the personal representatives, the payment is to be made to them in the proportions the scheme manager considers appropriate.
(1) A lump sum death benefit is treated for the purposes of FA2004 as a pension protection lump sum death benefit if and to the extent that—
(a) the member has given written notice to the scheme manager that the lump sum death benefit is to be so treated; and
(b) the lump sum death benefit meets all of the conditions required by FA 2004 for it to be treated as a pension protection lump sum death benefit (see paragraph 14 of Part 2 (lump sum death benefit rule) of Schedule 29 to FA 2004).
(2) Tax may be deducted from the lump sum death benefit if the scheme manager is liable for tax under section 206 (special lump sum death benefits charge) of FA2004 in respect of a pension protection lump sum death benefit.
(1) The scheme manager may recover a lump sum death benefit paid to any person if the person’s nomination is subsequently found to be invalid.
(2) Paragraph (1) does not affect any other right the scheme manager has to recover a payment or an overpayment.
127 Payment of pension instead of lump sum for members who have reached 75
(1) This regulation applies if a member dies–
(a) after reaching the age of 75, and
(b) before the fifth anniversary of the date on which a pension became payable to the member.
(2) The scheme manager may pay the pension to—
(a) the person or persons nominated by the member under regulation 122 (“the nominees”);
(b) the member’s personal representatives; or
(c) both the nominees and the member’s personal representatives.
(3) The scheme manager is to pay the pension in the proportions the scheme manager considers appropriate if—
(a) the scheme manager decides to pay all or part of the pension to the nominees and more than one individual has been nominated; or
(b) the scheme manager decides to pay the pension to both the nominees and the personal representatives.
(4) A pension payable under this regulation—
(a) is payable for the pension protection period; and
(b) must be equal to the sum of—
(i) the pension that would have been payable to the member had the member lived until the end of the pension protection period; and
(ii) any increases in the annual rate of that pension under PIA 1971 during that period.
(5) In this regulation “the pension protection period” means the period beginning with the day of the member’s death and ending with the day before the fifth anniversary of the date on which the member’s pension became payable.
(1) In this Chapter, “final pay” in relation to a continuous period of pensionable service means the greater of the following amounts—
(a) the amount of a member’s permanent pensionable earnings payable in respect of the 12 months ending with the last day of pensionable service;
(b) the amount of a member’s pensionable earnings payable in respect of any scheme year in the 10 scheme years immediately before the last active scheme year (“the earnings year”).
(2) For the purpose of determining which of the amounts mentioned in paragraph (1) is the greater—
(a) if the member’s continuous period of pensionable service was less than 12 months, the amount in paragraph (1)(a) is an amount equal to the member’s annualised final pay; and
(b) the amount in paragraph (1)(b) is adjusted for inflation in accordance with paragraph (3).
(3) The amount of pensionable earnings payable in respect of the earnings year is adjusted for inflation by increasing it by the same amount as that by which the annual rate of a pension of an amount equal to the amount of pensionable earnings would have been increased under PIA 1971 by the day following the last day of pensionable service if—
(a) that pension was eligible to be so increased; and
(b) the beginning date for that pension was the first day of the next scheme year after the earnings year.
(4) In this regulation—
(a) if the member is a transition member with continuity of service, “pensionable earnings” in respect of any period includes the member’s pensionable earnings under the PCSPS before the transition date for that member; and
(b) in respect of a period of assumed pay, “pensionable earnings” means the member’s assumed pay.
(1) For the purposes of this Chapter, for a continuous period of pensionable service that is less than 12 months, a member’s annualised final pay is—
F
P
×
365
N
where—
FP is the amount of the member’s permanent pensionable earnings payable in respect of that period of service; and
N is the number of days in that period.
(2) But if the continuous period of pensionable service includes 29thFebruary, paragraph(1) has effect with the substitution for “365” of “366”.
(3) In this regulation—
(a) if the member is a transition member with continuity of service, “pensionable earnings” in respect of any period includes the member’s pensionable earnings under the PCSPS before the transition date for that member; and
(b) in respect of a period of assumed pay, “pensionable earnings” means the member’s assumed pay.
130 Amount payable on death of active member (death in service)
(1) This regulation applies in relation to a continuous period of pensionable service under this scheme (“period of service”).
(2) If the member is a transition member with continuity of service, the period of service includes the member’s period of pensionable service under the PCSPS before the transition date for that member.
(3) For the purpose of this regulation, a person dies in service if the person dies while an active member of this scheme in relation to a period of service.
(4) The amount of the lump sum death benefit payable in respect of a person who dies in service (P) is the amount in paragraph(5) or (6), whichever is the greater.
(5) The amount in this paragraph is an amount equal to X−Ywhere—
(a) X is—
(i) if P’s period of service was at least 12 months, twice the amount that would have been P’s final pay if P had ceased to be in pensionable service at the time of death; or
(ii) if P’s period of service was less than 12 months, twice P’s annualised final pay; and
(b) Y is the total of—
(i) any lump sum paid under this scheme to P before P’s death; and
(ii) any lump sum death benefit payable under this scheme or under a partnership pension account death benefits scheme in respect of P after P’s death.
(6) The amount in this paragraph is an amount equal toX−Ywhere—
X is the total annual amount of P’s full retirement pensions in relation to that period of service, multiplied by 5;
Y is the total amount of any payments of retirement pension made to P under this scheme; and
“total annual amount” in relation to P’s full retirement pensions means the total of—
the annual rate of each description of full retirement pension calculated as if the beginning date for that pension were the date of P’s death, but without subtracting any the early payment reduction; and
the amount of any increase in the annual rate of that pension under PIA1971 payable as at the date of P’s death.
(7) For the purpose of this regulation, any amounts paid or payable to or in respect of P in the capacity of a pension credit member are disregarded.
131 Amount payable on death of deferred member or pensioner member (death out of service)
(1) This regulation applies in relation to a continuous period of pensionable service under this scheme (“period of service”).
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) For the purpose of this regulation, a person dies out of service if the person—
(a) dies while a deferred member or pensioner member of this scheme in relation to that period of service; and
(b) is not an active member of the scheme when the person dies.
(4) The amount of the lump sum death benefit payable in respect of a person who dies out of service is equal to—
(a) the total annual amount of P’s full retirement pensions in relation to that period of service, multiplied by 5; less
(b) the total amount of any payments of retirement pension made to P under this scheme.
(5) In paragraph (4)(a), “total annual amount” in relation to P’s full retirement pensions means the total of—
(a) the annual rate of each description of full retirement pension calculated as if the beginning date for that pension were–
(i) if P died while a deferred member of the scheme, the date of P’s death; or
(ii) if P died while a pensioner member of the scheme, the day P’s pension was deemed to begin for the purposes of section 8(2) (meaning of “pension” and other supplementary provisions) of the PIA 1971; and
(b) the amount of any increase in the annual rate of that pension under PIA1971 payable as at the date of P’s death.
(6) The calculation in paragraph (5)(a) is carried out without subtracting any early payment reduction.
(7) For the purpose of this regulation any amounts paid or payable to or in respect of the member in the capacity of a pension credit member are disregarded.
132 Amount payable on death of pension credit member
(1) Paragraph (2) applies if a pension credit member of this scheme dies before any benefits derived from a pension credit have become payable to the member.
(2) The amount of the lump sum death benefit is equal to 25% of the cash equivalent that would have been payable under Chapter 2 of Part 4A (requirements relating to pension credit benefit: transfer values) of PSA 1993 in respect of the member’s right to benefits under this scheme attributable (directly or indirectly) to a pension credit if—
(a) the member had been entitled to require the payment of that amount; and
(b) the amount had been payable as at the date of the member’s death.
(3) Paragraph (4) applies if a pension credit member dies after the pension credit member’s pension becomes payable.
(4) The amount of the lump sum death benefit is equal to the amount of pension credit member’s pension that would have been payable to the member during so much of the period of 5 years beginning with the date on which the pension became payable as falls after the date of the member’s death.
(5) In paragraph (4), “amount of pension credit member’s pension” means the total of—
(a) the amount of the annual rate of that pension as at the date the pension was deemed to begin for the purposes of section 8(2A) (meaning of “pension” and other supplementary provisions) of PIA 1971; and
(b) the amount of any increase in the annual rate of that pension under that Act payable as at the date of the member’s death.
133 Amount payable under court order to former spouse or civil partner
(1) This regulation applies if on the death of a member of this scheme the scheme manager is required under a court order to pay any part of a lump sum death benefit to the member’s former spouse or civil partner.
(2) The amount of the lump sum death benefit is first determined as if no such order had been made, and then this Part applies as if the amount of the lump sum death benefit were reduced by the amount payable under the court order.
(1) An active member of this scheme must pay contributions to this scheme (“member contributions”) on the member’s pensionable earnings for each pay period at a rate determined under this regulation (“member contributions rate”).
(2) The member contributions rate which applies to a member’s pensionable earnings is the rate which applies when the member’s pensionable earnings are paid.
(3) For the purposes of paragraph (2),
(i) assumed pay for any pay period is treated as having been paid when pensionable earnings for that period would have been paid had the circumstances in regulation 27(3) which apply to the member not applied; and
(ii) payment of the money value of any benefit in kind which forms part of a member’s pensionable earnings is treated as having been made at a time or apportioned across a period of time as determined by the scheme manager.
(4) The member contributions rate during a scheme year to which a table set out in this regulation applies is the percentage, set out in the table, which applies to a member’s annualised rate of pensionable earnings calculated in relation to each payment of a member’s pensionable earnings.
(5) Where the member’s pensionable earnings for a scheme year are payable to the member in 12 instalments, the member’s annualised rate of pensionable earnings is calculated as follows, rounded down to the nearest whole pound—
12
P
where P is the amount of a payment of the member’s pensionable earnings.
(6) Where the member’s pensionable earnings for a scheme year are payable otherwise than in 12 instalments, the member’s annualised rate of pensionable earnings is calculated as follows, rounded down to the nearest whole pound—
P
×
365
N
where—
P is the amount of a payment of the member’s pensionable earnings; and
N is the number of days in the applicable payment period.
(7) For the purposes of paragraph (6) the applicable payment period is—
(a) if it is the member’s first payment of pensionable earnings in relation to a continuous period of pensionable service in a scheme employment, the number of days in the period beginning on the day the member commenced the period of pensionable service in the scheme employment and ending on the day before the day that this payment was made; or
(b) in any other case, the period beginning on the day the previous payment of the member’s pensionable earnings was made and ending on the day before the day that this payment was made.
(8) If the scheme year in which the payment of pensionable earnings is made includes 29th February, paragraph (6) has effect with the substitution for “365” of “366”.
Scheme Year 1st April 2015 to 31st March 2016
Annualised rate of pensionable earnings | Member contributions rate
Transition members from Section II of the PCSPS | Other transition members and non-transition members
Up to but not including £15,001 | 3% | 4.6%
£15,001 to but not including £21,001 | 4.6% | 4.6%
£21,001 to but not including £47,001 £47,001 to but not including £150,001 | 5.45% 7.35% | 5.45% 7.35%
£150,001 and above | 8.05% | 8.05%
Scheme year 1st April 2016 to 31st March 2017
Annualised rate of pensionable earnings | Member contributions rate
Transition members from Section II of the PCSPS | Other transition members and non-transition members
Up to but not including £15,001 | 3.8% | 4.6%
£15,001 to but not including £21,211 | 4.6% | 4.6%
£21,211 to but not including £48,472 £48,472 to but not including £150,001 | 5.45% 7.35% | 5.45% 7.35%
£150,001 and above | 8.05% | 8.05%
Scheme Year 1st April 2017 to 31st March 2018
Annualised rate of pensionable earnings | Member contributions rate
Transition members from Section II of the PCSPS | Other transition members and non-transition members
Up to but not including £15,001 | 4.6% | 4.6%
£15,001 to but not including £21,423 | 4.6% | 4.6%
£21,423 to but not including £51,006 £51,006 to but not including £150,001 | 5.45% 7.35% | 5.45% 7.35%
£150,001 and above | 8.05% | 8.05%
Scheme Year 1st April 2018 to 31st March 2019 and Scheme Year 1st April 2019 to 31st March 2020
Annualised rate of pensionable earnings | Member contributions rate
Transition members from Section II of the PCSPS | Other transition members and non-transition members
Up to but not including £15,001 | 4.6% | 4.6%
£15,001 to but not including £21,637 | 4.6% | 4.6%
£21,637 to but not including £51,516 £51,516 to but not including £150,001 | 5.45% 7.35% | 5.45% 7.35%
£150,001 and above | 8.05% | 8.05%
Scheme Year 1st April 2020 to 31st March 2021
Annualised rate of pensionable earnings | Member contributions rate
Up to but not including £22,601 | 4.6%
£22,601 to but not including £54,901 | 5.45%
£54,901 to but not including £150,001 | 7.35%
£150,001 and above | 8.05%
Scheme Year 1st April 2021 to 31st March 2022 and 1st April 2022 to 31st March 2023
Annualised rate of pensionable earnings | Member contribution rates
Up to but not including £23,101 | 4.6%
£23,101 up to but not including £56,001 | 5.45%
£56,001 up to but not including £150,001 | 7.35%
£150,001 and above | 8.05%
Scheme Year 1st April 2023 to 31st March 2024 and subsequently
Annualised rate of pensionable earnings | Member contributions rate
Up to but not including £32,001 | 4.6%
£32,001 to but not including £56,001 | 5.45%
£56,001 to but not including £150,001 | 7.35%
£150,001 and above | 8.05%
(9) The figures in the column headed “Annualised rate of pensionable earnings” of the table headed “Scheme Year 1st April 2023 to 31st March 2024 and subsequently” (except for the figures of £56,001 and £150,001) are to be increased on 1st April 2024, 1st April 2025 and 1st April 2026 if there is a relevant increase in the consumer prices index or, should the Minister decide, any other index of the general level of prices in the United Kingdom, by the appropriate percentage for the scheme year rounded up to the nearest £100.
(10) The figures in the column headed “Annualised rate of pensionable earnings” of the table headed “Scheme Year 1st April 2023 to 31st March 2024 and subsequently” (except for the figure of £150,001) are to be increased on 1st April 2027 and on 1st April of each subsequent scheme year, if there is a relevant increase in the consumer prices index or, should the Minister decide, any other index of the general level of prices in the United Kingdom, by the appropriate percentage for the scheme year rounded up to the nearest £100.
(11) For the purposes of paragraphs (9) and (10), where there is a relevant increase after 1st April 2024, the figures to be increased on the relevant date are the figures applicable to the previous scheme year.
(12) There is a relevant increase in the consumer prices index or any index of the general level of prices in the United Kingdom for a scheme year if that index for the month of September before that scheme year is higher than that for the previous September.
(13) The appropriate percentage for the scheme year is the same percentage as any percentage increase in the consumer prices index or any other index decided by the Minister over the period specified by paragraph (12).
(14) For the purposes of paragraphs (9), (10), (12) and (13), “consumer prices index” means the general index of consumer prices (for all items) published by the Statistics Board.
(1) For the purpose of regulation 134, the amount of a member’s pensionable earnings for any pay period is determined in accordance with this regulation.
(2) Unless paragraph (3) or (4) applies, the amount of the member’s pensionable earnings during any period of assumed pay is equal to the member’s assumed pay.
(3) For any period of assumed pay under regulation 27(3)(a), the amount of the member’s pensionable earnings is equal to the member’s reduced pay while on sick leave.
(4) For any period of assumed pay under regulation 27(3)(b) or(c), the amount of the member’s pensionable earnings is the amount of contractual remuneration or statutory pay actually paid to or for the member in respect of the period of adoption leave, maternity leave, parental leave, paternity leave or shared parental leave.
(5) For the purpose of regulation 134, when calculating a member’s annualised rate of pensionable earnings, the amount of a payment of a member’s pensionable earnings for a pay period excludes any amounts paid to the member in that pay period in the form of arrears of, or back-dated, pensionable earnings.
(1) Member contributions are to be deducted by the member’s employer from the member’s pensionable earnings for each pay period.
(2) A member’s employer—
(a) may make contributions on the member’s behalf in circumstances determined by the scheme manager; and
(b) unless paragraph (3)(b) applies, must do so for any period of assumed pay under regulation27(3)(e) (unpaid leave).
(3) A member is not required to pay member contributions—
(a) while the member is on unpaid adoption leave, maternity leave, parental leave, paternity leave or shared parental leave; or
(b) with the employer’s approval, while the member is on unpaid leave.
(1) Each employer of an active member of this scheme must pay contributions to this scheme in respect of the member at the rate and at the intervals the scheme manager may for the time being determine after consultation with the scheme actuary (“employers’ contributions”).
(2) Each employer of an active member of this scheme must in addition pay to this scheme—
(a) annual administration charges; and
(b) any other administrative charges,
at such intervals and at such rates as the scheme manager may from time to time determine which must, where the employer is the employer of a Fair Deal eligible person, be as provided for in the Admission Agreement.
(3) Where the Admission Agreement provides for an employer of a Fair Deal eligible person to pay additional payments or charges to this scheme, that employer must make such additional payments or charges as required by the Admission Agreement.
138 Deduction of payments for extra pension under Schedule 1
Schedule 1 has effect for the purpose of enabling deductions of payments for—
(a) added pension;
(b) an effective pension age; and
(c) an enhanced effective pension age.
139 Refund of all member contributions and payments for extra pension made by the member
(1) This regulation applies in relation to a continuous period of pensionable service under the scheme.
(2) All member contributions and payments resulting from the exercise of an option under Schedule 1 (“payments for extra pension”) made by the member in relation to the period of pensionable service are only refundable if—
(a) regulation 24 (opting out before the end of one month) applies; or
(b) the member’s pensionable service ceases and—
(i) the member has less than 2 years’ qualifying service;
(ii) if a transfer payment has been received by this scheme in relation to the member, it was from another occupational pension scheme; and
(iii) the member has not reached normal pension age under this scheme.
(3) If paragraph (2)(b) applies, the member is entitled to be paid an amount equal to the sum of all member contributions and payments for extra pension made by the member, less an amount equal to the income tax payable under section 205 (short service refund lump sum charge) of FA2004 as a result of a refund of those contributions and payments.
(4) If all member contributions and payments for extra pension made by the member are refunded under this regulation, the member’s rights under this scheme in relation to the period of pensionable service are extinguished.
This Part—
(a) supplements the rights conferred by or under Chapter 1 of Part 4ZA of PSA 1993 (transfer values) and is without prejudice to that Chapter; and
(b) supplements the rights conferred by or under Chapter 2 of that Part (early leavers: cash transfer sums and contribution refunds) and is without prejudice to that Chapter.
(1) In this Part—
“cash equivalent” means an amount calculated in accordance with regulations made under section 97 (calculation of cash equivalents) of PSA 1993;
“club transfer value” means, in relation to an amount of accrued earned pension under this scheme or under another club scheme, an amount calculated by the scheme manager—
in accordance with the club transfer arrangements; and
by reference to the guidance and tables provided by the Government Actuary for this purpose that are in use on the date used for the calculation;
“guarantee date” has the meaning given in regulation 144;
“guaranteed cash equivalent” means, in relation to calculating the transfer value of accrued rights to benefits under this scheme, the cash equivalent of those benefits as at the guarantee date, as specified in a statement of entitlement;
“statement of entitlement”, in relation to an active or deferred member’s accrued rights to benefits under this scheme, means a statement by the scheme manager of the cash equivalent or club transfer value of those benefits as at the guarantee date;
“transfer value” means, for accrued rights to benefits other than accrued earned pension which is the subject of a club transfer—
for accrued rights to benefits under this scheme, an amount equal to—
the guaranteed cash equivalent of those benefits; or
the guaranteed cash equivalent together with any increase payable under regulation146; and
for accrued rights to benefits under another pension scheme, an amount—
determined by the scheme actuary of that scheme; and
specified in a statement of accrued rights provided by the scheme manager of that scheme.
142 Transfer payments made to other schemes or pension arrangements
(1) A transfer payment may only be made in respect of the accrued rights to benefits of an active or deferred member of this scheme.
(2) A transfer payment may only be made to—
(a) a registered pension scheme that is not a connected scheme; or
(b) a pension arrangement that is a qualifying recognised overseas pension scheme for the purposes of Part 4 (pension schemes etc.) of FA 2004 (see section 169(2) (recognised transfers) of that Act).
(3) A transfer payment may not be made in respect of rights that are attributable (directly or indirectly) to a pension credit.
(4) A member may only require the scheme manager to use a transfer payment in a way specified in section 95(2) (ways of taking right to cash equivalent) of PSA 1993.
(5) A member may only require the scheme manager to make a club transfer value payment during the period of 12 months beginning with the day on which the member becomes eligible to be an active member of the scheme to which the payment is to be made.
(6) The whole of the transfer payment must be made in accordance with the provisions of this regulation.
(7) If section 96(2) (further provisions concerning exercise of option under section 95) of PSA1993 applies, benefits attributable to the following may be excluded from the transfer payment—
(a) the member’s accrued rights to a guaranteed minimum pension; or
(b) the member’s accrued rights attributable to service in contracted-out employment, within the meaning of Part 3 (certification of pension schemes and effects on members’ state scheme rights and duties) of PSA 1993, on or after 6th April 1997.
(1) This regulation applies in relation to an active or deferred member of this scheme (P) who requires a transfer payment to be made in respect of P’s accrued rights to benefits under this scheme.
(2) Before requesting the transfer payment, P must apply for a statement of entitlement by notice to the scheme manager.
(3) P may withdraw the application by notice to the scheme manager at any time before the statement is provided.
(4) P may make a second application by notice to the scheme manager in the period of 12 months beginning with the date of the first application.
(1) The scheme manager must specify in the statement of entitlement the date by reference to which the cash equivalent or club transfer value is calculated (“guarantee date”).
(2) Unless paragraph (4) applies, the guarantee date must fall within both the following periods—
(a) the 3 months beginning with the date of the member’s application for the statement of entitlement (“the 3 month period”); and
(b) the 10 days ending with the date on which the member is provided with that statement (“the 10 day period”).
(3) In counting the 10 day period, Saturdays, Sundays, Christmas Day, New Year’s Day and Good Friday are excluded.
(4) The scheme manager may specify in the statement of entitlement a guarantee date that falls within the 6 months beginning with the date of the member’s application for the statement of entitlement if, for reasons beyond the control of the scheme manager, the information needed to calculate the amount of the cash equivalent or club transfer value cannot be obtained before the end of the 3 month period.
(1) An active or deferred member of this scheme who is provided with a statement of entitlement may request a transfer payment to be made in respect of the member’s accrued rights to benefits under this scheme.
(2) The request for the transfer payment must—
(a) be made by notice to the scheme manager;
(b) specify the pension scheme or other pension arrangement to which the transfer payment is to be made; and
(c) meet any other conditions the scheme manager requires.
(3) The member may, by notice to the scheme manager, withdraw the request at any time before the transfer payment is made.
(4) The member may not withdraw the request if an agreement for the use of the whole or part of the transfer payment has already been entered into with a third party.
146 Calculating the amount of a transfer value or club transfer value
(1) If a transfer value is paid later than 6 months after the guarantee date, the amount of the guaranteed cash equivalent must be increased in accordance with regulations made under section97 (calculation of cash equivalents) of PSA1993.
(2) If a club transfer value is paid later than 6 months after the guarantee date, the amount of the club transfer value as specified in the statement of entitlement must be increased if necessary so that it is equal to the amount it would have been if the guarantee date had been the date on which the payment is made.
(3) If the transfer value or club transfer value is less than the minimum transfer value, the amount of the transfer value or club transfer value must be increased so that it is equal to the amount of the minimum transfer value.
(4) In this regulation—
“minimum transfer value” means the total of—
the sum of all member contributions and payments for extra pension made by the member; and
the sum of all transfer payments received by this scheme in relation to the member;
“member contributions” has the meaning given in regulation 134; and
“payments for extra pension” has the meaning given in regulation 139.
In this Chapter—
“accrued rights” does not include rights accrued under the Civil Service Additional Voluntary Contribution Scheme if the scheme manager considers that the amount to which the member is entitled under that Scheme is sufficient for the purchase of an annuity for the member;
“another pension scheme” means—
another occupational pension scheme that is a registered pension scheme but is not a connected scheme;
a personal pension scheme; or
the Civil Service Additional Voluntary Contribution Scheme;
“Civil Service Additional Voluntary Contribution Scheme” means the scheme which was made on21stDecember 1988 under section 1 (persons employed in the civil service etc.) of SA 1972 and which came into force on 1stJanuary 1989, as amended from time to time;
“club transfer value statement” means a statement under regulation 153 of the amount of club transfer earned pension;
“transfer date” means the earlier of—
if the scheme manager has provided a transfer statement or a club transfer value statement, the last day of the period of 2 months beginning with the date of the statement; or
the day on which the transfer payment is received by the scheme manager;
“transfer payment request” means a request to the scheme manager under this Chapter that a transfer payment be accepted from another pension scheme;
“transfer statement” means a statement under regulation 151(2).
(1) P may by notice to the scheme manager request that a transfer payment be accepted in respect of some or all of P’s accrued rights to benefits under another pension scheme.
(2) A transfer payment request—
(a) must specify—
(i) the pension scheme from which the transfer payment is to be made; and
(ii) the anticipated amount of the transfer payment;
(b) must meet any other conditions the scheme manager requires; and
(c) subject to paragraph (3), must be made during the period of 12 months beginning with the day on which P commences service in scheme employment.
(3) A request that a transfer payment be accepted from the Civil Service Additional Voluntary Contribution Scheme must be made—
(a) within the period of 3 months ending with the day on which P is first entitled to receive retirement benefits under this scheme; or
(b) if the scheme manager considers it reasonable in the circumstances, within any longer period the scheme manager directs.
(4) The scheme manager may direct that a transfer payment request is to be treated as having been made earlier than it was if the scheme manager considers it reasonable to do so in the circumstances.
(5) Subject to paragraph (6), on receiving a transfer payment request, the scheme manager may accept the transfer payment if all of such conditions as the scheme manager may have required are met.
(6) The scheme manager may not accept a transfer value payment if—
(a) it would be applied in whole or in part in respect of—
(i) the member’s entitlement to a guaranteed minimum pension; or
(ii) the entitlement of the member’s spouse to a guaranteed minimum pension; and
(b) it is less than the amount required for that purpose, as calculated in accordance with guidance and tables determined by the Minister for the purposes of this paragraph, after consultation with the scheme actuary.
(1) This regulation applies in relation to a request by P for a transfer value payment to be accepted from another pension scheme.
(2) The scheme manager may require that, before making a transfer payment request, P must ask the scheme manager to provide a statement of the amount of transferred pension that P will be entitled to count under regulation 152 if the transfer date falls within the period of 2 months beginning with the date of that statement.
(3) The amount specified in the transfer statement must be an amount calculated by the scheme manager in accordance with actuarial guidance and tables by reference to—
(a) factors relating to P’s circumstances at the end of that 2-month period; and
(b) any other factors as at the date of the statement that the scheme actuary considers should apply.
(1) This regulation applies in relation to a transfer value payment received from another pension scheme in relation to P.
(2) For the scheme year in which the transfer date falls, the amount of transferred pension P is entitled to count in respect of the transfer value payment is—
(a) the amount specified in the transfer statement; or
(b) if such a statement is not provided, an amount calculated by the scheme manager in accordance with actuarial guidance and tables by reference to any factors as at the transfer date that the scheme actuary considers should apply.
(3) The amount of transferred pension P is entitled to count in a scheme year must not be more than 50% of P’s annual rate of pensionable earnings as at the day P becomes an active member of this scheme.
(1) This regulation applies in relation to a request by P for a club transfer value payment to be accepted from another club scheme.
(2) The scheme manager may require that, before making the transfer payment request, P must ask the scheme manager to provide a statement of the amount of club transfer earned pension that P will be entitled to count under regulation 154 if the transfer date falls within the period of 2 months beginning with the date of that statement.
(3) The amount of club transfer earned pension specified in the statement must be calculated by the scheme manager in accordance with actuarial guidance and tables by reference to—
(a) factors relating to P’s circumstances as at the end of that 2-month period; and
(b) any other factors as at the date of the statement that the scheme actuary considers should apply.
(4) The statement must specify the basis on which an amount of accrued earned pension is revalued under the sending scheme while a member is in pensionable service under that scheme.