F20F14Part 4ZATransfers and contribution refunds

Annotations:
Amendments (Textual)
F20

Pt. 4ZA formed from Pt. 4 Chs. 4, 5 (6.4.2015) by Pension Schemes Act 2015 (c. 8), s. 89(3)(b), Sch. 4 para. 4(1)

C20C11C15C1C16C17C9C14C13C6C4C10C19C7C12C18F10Chapter 1Transfer rights: general

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C20

Pt. 4ZA Ch. 1 (originally Pt. IV Ch. IV) applied (31.5.1994) by The Railway Pensions (Protection and Designation of Schemes) Order 1994 (S.I. 1994/1432), arts. 1(1), 6(4)

C12

Pt. 4ZA Ch. 1: power to modify conferred (5.9.2018 for specified purposes, 1.10.2018 in so far as not already in force) by Pension Schemes Act 2017 (c. 17), s. 44(2), Sch. 1 para. 1(6)(a); S.I. 2018/965, reg. 2(a)(b)

C18

Pt. 4ZA Ch. 1: power to modify conferred (11.2.2021 for specified purposes) by Pension Schemes Act 2021 (c. 1), s. 131(1)(3)(a), Sch. 2 para. 1(6)(a)

I1C3C8C299 Trustees’ duties after exercise of option.

C51

Where—

a

a member has exercised the option conferred by section 95; and

b

the trustees or managers of the scheme have done what is needed to carry out what the member requires,

the trustees or managers shall be discharged from any obligation to provide benefits to which the cash equivalent related except, in such cases as are mentioned in section 96(2), to the extent that an obligation to provide such guaranteed minimum pensions F9... continues to subsist.

F172

Subject to the following provisions of this section, if the trustees or managers of a scheme receive an application under section 95 they must do what is needed to carry out what the member requires—

a

in the case of an application that relates to benefits other than money purchase benefits, within 6 months beginning with the guarantee date shown in the relevant statement of entitlement, F3...

b

in the case of an application that relates to money purchase benefits F5other than collective money purchase benefits, within 6 months beginning with the date of the application F7, and

c

in the case of an application which relates to money purchase benefits that are collective money purchase benefits, within 6 months beginning with the date of the application or such longer period beginning with that date as may be prescribed.

F42ZA

Subsection (2) does not apply if the trustees or managers have been unable to carry out what the member requires because a condition prescribed by regulations under section 95(6ZA) has not been satisfied.

F12ZB

Subsection (2) does not apply if—

a

the member was required by section 96(4) to give a transfer notice under section 101F(1) in addition to making an application, and

b

the trustees or managers have been unable to carry out what the member required in the transfer notice under section 101F(1) because a condition prescribed by regulations under section 101F(5A) has not been satisfied.

F112A

Subsection (2) does not apply if—

a

the trustees or managers have been unable to carry out the check required by section 48 of the Pension Schemes Act 2015 by reason of factors outside their control, or

b

the trustees or managers have carried out the check required by section 48 of the Pension Schemes Act 2015 but the check did not confirm that the member had received appropriate independent advice.

3

If—

a

disciplinary proceedings or proceedings before a court have been begun against a member of an occupational pension scheme F15... ; and

b

it appears to the trustees or managers of the scheme that the proceedings may lead to the whole or part of the pension or benefit in lieu of a pension payable to the member or F2his or her surviving spouse or civil partner being forfeited; and

c

the date before which they would (apart from this subsection) be obliged under subsection (2) to carry out what the member requires is earlier than the end of the period of 3 months after the conclusion of the disciplinary or court proceedings (including any proceedings on appeal),

then, subject to the following provisions of this section, they must instead do so before the end of that period of 3 months.

F123A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F134

The Regulatory Authority may, in prescribed circumstances, F19by direction grant an extension of the period within which the trustees or managers of the scheme are obliged to do what is needed to carry out what a member of the scheme requires.

F134A

Regulations may make provision F8requiring applications for extensions under subsection (4) to meet prescribed requirements.

F64B

Regulations may extend the period for compliance under subsection (2) or (3) in prescribed circumstances.

F166

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F187

Where the trustees or managers of an occupational pension scheme have not done what is needed to carry out what a member of the scheme requires within six months of the date mentioned in paragraph (a) or (b) of subsection (2)—

C8a

they must, except in prescribed cases, notify the Regulatory Authority of that fact within the prescribed period, and

b

section 10 of the Pensions Act 1995 (power of the Regulatory Authority to impose civil penalties) shall apply to any trustee or manager who has failed to take all such steps as are reasonable to ensure that it was so done.

8

Regulations may provide that in prescribed circumstances subsection (7) shall not apply in relation to an occupational pension scheme.