Pension Schemes Act 1993

Changes over time for: Section 96

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Pension Schemes Act 1993, Section 96 is up to date with all changes known to be in force on or before 29 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 46(1A) (1B) inserted by 2008 c. 30 s. 103(2) (This amendment not applied to legislation.gov.uk. S. 103(2)(4)(5) repealed (1.10.2014) without ever being in force by 2014 c. 19, Sch. 12 para. 96(a); S.I. 2014/2377, art. 2(1)(a)(ii)(3)(c))
s. 46(1A) words substituted by 2011 c. 19 Sch. 3 para. 10
s. 71(1)(aa) substituted by 2015 c. 8 s. 39(2)(a)
s. 71(1A) inserted by 2015 c. 8 s. 39(2)(b)
s. 71(7)-(10) substituted for s. 71(7)-(11) by 2015 c. 8 s. 39(4)
s. 82A inserted by 2015 c. 8 Sch. 1 para. 2
s. 83(1A)-(1AC) substituted for s. 83(1A) by 2015 c. 8 Sch. 1 para. 3
s. 84-84F substituted for s. 84 by 2015 c. 8 Sch. 1 para. 4
s. 85A inserted by 2015 c. 8 Sch. 1 para. 5
s. 86A 86B inserted by 2015 c. 8 Sch. 1 para. 6
s. 94(2A)(a)(viii) inserted by 2014 c. 19 Sch. 17 para. 20(2)(a)
s. 94(2A)(b)(vi) inserted by 2014 c. 19 Sch. 17 para. 20(2)(b)
s. 101AI(8)(a)(viii) inserted by 2014 c. 19 Sch. 17 para. 20(3)(a)
s. 101AI(8)(b)(vi) inserted by 2014 c. 19 Sch. 17 para. 20(3)(b)
s. 113(4)(4A) substituted for s. 113(4) by 2015 c. 8 s. 38(5)
s. 113(5) words substituted by 2015 c. 8 s. 38(6)
s. 113(10) words substituted by 2015 c. 8 Sch. 2 para. 3
s. 145(1A)-(1C) inserted by 2004 c. 35 Sch. 12 para. 23
s. 146(6A) inserted by 2004 c. 35 Sch. 12 para. 24(b)
s. 175A inserted by 2008 c. 30 Sch. 10 para. 1
s. 185(2)(ca) inserted by 2018 c. 10 s. 19(5)
s. 186(3)(ba) inserted by 2015 c. 8 Sch. 1 para. 7
s. 186(3)(za) inserted by 2008 c. 30 s. 103(5) (This amendment not applied to legislation.gov.uk. S. 103(2)(4)(5) repealed (1.10.2014) without ever being in force by 2014 c. 19, Sch. 12 para. 96(a); S.I. 2014/2377, art. 2(1)(a)(ii)(3)(c))
Sch. 3 para. A1 and cross-heading inserted by 2015 c. 8 Sch. 1 para. 8

96 Further provisions concerning exercise of option under s. 95.E+W+S

[F1(1)A member who has acquired a right to take a cash equivalent under section 94(1) or (2) may exercise the option conferred by section 95(1) in relation to different portions of that cash equivalent in different ways, but a member who exercises that option must do so—

(a)in relation to the whole of that cash equivalent, or

(b)if subsection (2) applies, in relation to the whole of the balance mentioned in subsection (3).]

(2)This subsection applies where—

(a)the trustees or managers—

(i)of an occupational pension scheme F2... , or

(ii)of a personal pension scheme F3... , F4...

F4(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

are able or willing to accept a transfer payment only in respect of a member’s rights other than his [F5transferrable rights] to guaranteed minimum pensions, [F6his [F5transferrable rights] so far as attributable to service in contracted-out employment on or after the principal appointed day] F7... ; and

(b)the member has not required the trustees or managers of the scheme from which he is being transferred to use the portion of his cash equivalent which represents those [F5transferrable rights] in any of the ways specified in subsection (2) [F8, subsection (2A)] or, as the case may be, subsection (3) of section 95.

(3)Where subsection (2) applies, this section and sections 94, 95 and 97 are to be construed as conferring on the member an option only in respect of the balance of the cash equivalent to which the member would otherwise be entitled, after deduction of an amount sufficient for the trustees or managers of the scheme from which he is being transferred to meet their liability—

(a)in the case of a transfer from an occupational pension scheme, in respect of the member’s and the member’s [F9widow's, widower’s or surviving civil partner’s (as the case may be)] [F10pensions, being guaranteed minimum pensions or pensions so far as attributable to service in contracted-out employment on or after the principal appointed day] F11...

F12(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13(4)Where a member of a pension scheme—

(a)is entitled to make an application under section 95(1) in relation to any category of benefits, and

(b)is also entitled to give a transfer notice under section 101F(1) to the trustees or managers of the scheme in relation to benefits in the same category (or would be entitled to do so but for section 101G(2)),

the member may not, if the scheme so provides, make an application under section 95(1) in relation to that category of benefits without also giving a transfer notice under section 101F(1) in relation to that category of benefits.]

Textual Amendments

F1S. 96(1) substituted (6.4.2015) by Pension Schemes Act 2015 (c. 8), s. 89(3)(b), Sch. 4 para. 10(2) (with s. 87)

F2Words in s. 96(2)(a)(i) omitted (6.4.2016) by virtue of Pensions Act 2014 (c. 19), s. 56(4), Sch. 13 para. 39

F3Words in s. 96(2)(a)(ii) repealed (6.4.2012 being "the abolition date" for the purposes of s. 15(1) of the amending Act) by Pensions Act 2007 (c. 22), ss. 15(4), 27(7), 30(2)(b), Sch. 4 para. 29, Sch. 7 Pt. 6 (with Sch. 4 Pt. 3); S.I. 2011/1267, art. 2(a)