106Requirement as to resources for annual increase of guaranteed minimum pensions
(1)Except as permitted by subsection (2) or (3), the trustees or managers of a scheme may not make an increase in a person’s pension which is required by virtue of section 105 out of money which would otherwise fall to be used for the payment of benefits under the scheme to or in respect of that person unless—
(a)the payment is to an earner in respect of the tax year in which he attains pensionable age and the increase is the one required to be made in the next tax year; or
(b)the payment is to a person as the widow or widower of an earner who died before attaining pensionable age and is in respect of the tax year in which the person became a widow or widower, and the increase is the one required to be made in the next tax year.
(2)Where in any tax year the trustees or managers of an occupational pension scheme make an increase otherwise than in pursuance of section 105, they may deduct the amount of the increase from any increase which, but for this subsection, they would be required to make under that section in the next tax year.
(3)Where in any tax year the trustees or managers of a scheme make an increase which is partly made otherwise than in pursuance of section 105, they may deduct the part of the increase so made from any increase which, but for this subsection, they would be required to make under that section in the next year.
(4)Where by virtue of subsection (2) or (3) guaranteed minimum pensions are not required to be increased in pursuance of section 105, or not by the full amount that they otherwise would be, their amount shall be calculated for any purpose as if they had been increased in pursuance of that section or, as the case may be, by that full amount.