8(1)Schedule 32 (benefit crystallisation events: supplementary) is amended as follows.U.K.
(2)In paragraph 9 (benefit crystallisation event 2: meaning of “P”), after sub-paragraph (1) insert—
“(1A)If the pension is under a public service pension scheme, any abatement of the pension is to be left out of account in determining the amount of the pension which will be payable for the purposes of sub-paragraph (1).”
(3)After that paragraph insert—
9AFor the purposes of benefit crystallisation event 3, any abatement of the scheme pension is to be left out of account in determining for the purposes of column 1—
(a)the increased annual rate of the pension, and
(b)the rate at which it was payable on the day on which the individual became entitled to it.”
(4)In paragraph 11 (benefit crystallisation event 3: permitted margin in case of post-5th April 2006 pension), after sub-paragraph (7) insert—
“(8)If the pension is under a public service pension scheme, any abatement of the pension is to be left out of account in determining for the purposes of this paragraph the annual amount of the pension at the rate at which it was payable on the day on which the individual became entitled to it.”
(5)In paragraph 12 (benefit crystallisation event 3: permitted margin in case of pre-5th April 2006 pension), after sub-paragraph (3) insert—
“(4)If the pension is under a public service pension scheme, any abatement of the pension is to be left out of account in determining for the purposes of this paragraph the annual amount of the pension at the rate at which it was payable on the day on which the individual became entitled to it.”
(6)In paragraph 13 (benefit crystallisation event 3: meaning of “XP”), after sub-paragraph (2) insert—
“(3)If the pension is under a public service pension scheme, any abatement of the pension is to be left out of account in determining for the purposes of sub-paragraph (1)—
(a)the increased annual rate of the pension, and
(b)the rate at which it was payable on the day on which the individual became entitled to it.”
Commencement Information
I1Sch. 10 para. 8 in force at 6.4.2006, see Sch. 10 para. 64(1)