Part IVProtection for Early Leavers

Chapter IIRevaluation of Accrued Benefits (Excluding Guaranteed Minimum Pensions)

79Scope of Chapter II

1

This Chapter applies for the purpose of revaluing—

a

benefits payable to or in respect of a member of an occupational pension scheme where—

i

his pensionable service ends on or after 1st January 1986;

ii

on the date on which his pensionable service ends (in this Chapter referred to as “the termination date”) he has accrued rights to benefit under the scheme;

iii

the period beginning with the day after the termination date and ending with the date on which he attains normal pension age (in this Chapter referred to as “the pre-pension period”) is at least 365 days; and

iv

in the case of benefit payable to any other person in respect of the member, the member dies after attaining normal pension age; and

b

benefits payable to or in respect of a member of a personal pension scheme—

i

in respect of whom contributions to the scheme have ceased to be paid; and

ii

who has accrued rights to benefit under the scheme.

2

In calculating 365 days for the purpose of subsection (1)(a)(iii), any day which is 29th February shall be disregarded.

3

In subsection (1)(b)—

a

the reference to a personal pension scheme does not include a scheme which is comprised in an annuity contract made before 4th January 1988; and

b

the reference to contributions includes any minimum contributions.