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Finance Act 2011

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This is the original version (as it was originally enacted).

Drawdown pension year and basis amount for drawdown pension year

9After paragraph 10 of that Schedule insert—

10A(1)This paragraph applies in relation to drawdown pension years beginning after the member’s 75th birthday.

(2)For the first drawdown pension year beginning after the member reached the age of 75, and each succeeding drawdown pension year, the basis amount is the annual amount of the relevant annuity which could have been purchased by the application of the sums and assets representing the member’s drawdown pension fund on the nominated date.

(3)In a case where the member first becomes entitled to drawdown pension in respect of the arrangement after reaching the age of 75, “the nominated date”, in relation to the first drawdown pension year in respect of the arrangement, is the first day of that year.

(4)In any other case, “the nominated date”, in relation to the first drawdown pension year beginning after the member reached the age of 75, is—

(a)if the member and the scheme administrator so agree, the day immediately before the member’s 75th birthday, or

(b)if they do not so agree, such day within the period of 60 days ending with the first day of the drawdown pension year as is nominated by the scheme administrator (or, if no day is nominated by the scheme administrator, the first day of that year).

(5)“The nominated date”, in relation to each other drawdown pension year, is such day within the period of 60 days ending with the first day of the drawdown pension year as is nominated by the scheme administrator (or, if no day is nominated by the scheme administrator, is the first day of that year).

(6)On the occasion of each additional fund designation during a drawdown pension year, the basis amount of that drawdown pension year is to be recalculated in accordance with sub-paragraph (7).

(7)The basis amount for the drawdown pension year is the annual amount of the relevant annuity which could have been purchased by the application of the sums and assets representing the member’s drawdown pension fund immediately after the additional fund designation.

(8)But sub-paragraph (6) does not apply where the operation of that sub-paragraph in relation to an additional fund designation during a drawdown pension year would reduce the basis amount for that drawdown pension year.

(9)“Additional fund designation” has the meaning given by paragraph 10(8).

(10)Paragraph 14 defines “relevant annuity”.

(11)Nothing in this paragraph applies in respect of an arrangement to which section 165(3A) applies.

10B(1)This paragraph applies if the member has reached the age of 75.

(2)Sub-paragraph (3) applies if, at any time during a drawdown pension year in respect of an arrangement (“the current drawdown pension year”), the member notifies the scheme administrator that the member wishes the drawdown pension year following the current drawdown pension year to begin on the day on which the next drawdown pension year in respect of another arrangement relating to the member under the pension scheme (including any arrangement relating to that person as a dependant) will begin.

(3)The scheme administrator may determine—

(a)that the current drawdown pension year is to end immediately before that day, and

(b)that the period of 12 months beginning with that day, and each succeeding period of 12 months, is a drawdown pension year in respect of the arrangement.

(4)The scheme administrator may not make a determination under this paragraph more than once in relation to the same arrangement.

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