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C2C3 Part II Contributory Benefits

Annotations:
Modifications etc. (not altering text)
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Pt. 2 modified (E.W.S.) (11.11.1999 for specified purposes, 1.12.2000 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 49, 89(5)(a); S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV

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Pt. 2: power to modify conferred (11.11.1999) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 52(1)(2)(6)(h), 89(4)(a) (with s. 52(7))

Retirement pensions (Categories A and B)

45BF2Reduction of additional pension in Category A retirement pension: pension sharing.

1

The weekly rate of the additional pension in a Category A retirement pension shall be reduced as follows in any case where—

a

the pensioner has become subject to a state scheme pension debit, and

b

the debit is to any extent referable to the additional pension.

2

If the pensioner became subject to the debit in or after the final relevant year, the weekly rate of the additional pension shall be reduced by the appropriate weekly amount.

3

If the pensioner became subject to the debit before the final relevant year, the weekly rate of the additional pension shall be reduced by the appropriate weekly amount multiplied by the relevant revaluation percentage.

4

The appropriate weekly amount for the purposes of subsections (2) and (3) above is the weekly rate, expressed in terms of the valuation day, at which the cash equivalent, on that day, of the pension mentioned in subsection (5) below is equal to so much of the debit as is referable to the additional pension.

5

The pension referred to above is a notional pension for the pensioner by virtue of section 44(3)(b) above which becomes payable on the later of—

a

his attaining pensionable age, and

b

the valuation day.

6

For the purposes of subsection (3) above, the relevant revaluation percentage is the percentage specified, in relation to earnings factors for the tax year in which the pensioner became subject to the debit, by the last order under section 148 of the Administration Act to come into force before the end of the final relevant year.

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The Secretary of State may by regulations make provision about the calculation and verification of cash equivalents for the purposes of this section.

7A

The power conferred by subsection (7) above includes power to provide—

a

for calculation or verification in such manner as may be approved by or on behalf of the Government Actuary, and

b

for things done under the regulations to be required to be done in accordance with guidance from time to time prepared by a person prescribed by the regulations.

8

In this section—

  • “final relevant year” means the tax year immediately preceding that in which the pensioner attains pensionable age;

  • “state scheme pension debit” means a debit under section 49(1)(a) of the Welfare Reform and Pensions Act 1999 (debit for the purposes of this Part of this Act);

  • “valuation day” means the day on which the pensioner became subject to the state scheme pension debit.