PART 11Miscellaneous and supplemental

Guaranteed minimum pension213

1

The weekly rate of any relevant pension payable to a person who has a guaranteed minimum P and who reaches GMP age must not be less than the person’s guaranteed minimum under sections 14 to 16 of PSA 199337.

2

Where no relevant pension becomes payable to P within 5 years and P reaches GMP age, a guaranteed minimum pension, the weekly rate of which is P’s guaranteed minimum under sections 14 to 16 of PSA 1993, is payable to P.

3

Paragraph (2) does not apply—

a

while P consents to the application of that paragraph being postponed;

b

from the date on which a relevant pension becomes payable; or

c

where paragraph (4) applies.

4

This paragraph applies where—

a

P has a guaranteed minimum and exercises P’s right to a cash equivalent;

b

the pension scheme into which P’s rights to benefits under these Regulations are transferred does not accept a transfer of P’s accrued rights to a guaranteed minimum pension; and

c

P’s accrued rights to a guaranteed minimum pension are not transferred elsewhere.

5

Where paragraph (4) applies, a guaranteed minimum pension, the weekly rate of which is the person’s guaranteed minimum under sections 14 to 16 of PSA 1993, is payable to P for life from the date on which P reaches GMP age.

6

Where P dies leaving a widow, widower or civil partner, the pension payable to the widow, widower or civil partner under Part 6 must be paid, for any period required by or under section 17 of PSA 199338, at a weekly rate which is not to be less than the widow’s, widower’s or civil partner’s guaranteed minimum (as set out in that section).

7

In this regulation—

  • “accrued rights to guaranteed minimum pension” is to be construed in accordance with section 20 of PSA 1993;

  • “contracted-out employment” has the meanings given in section 8(1) and (1A) of PSA 199339;

  • “relevant pension” means a phased retirement pension or retirement pension which becomes payable in respect of contracted-out employment before 6th April 1997.

8

In this regulation, the question whether a person has a guaranteed minimum is to be determined in accordance with section 14 of PSA 1993.

9

This regulation overrides any inconsistent provision elsewhere in these Regulations, save that it is subject to—

a

regulation 165;

b

regulation 168;

c

regulation 175.