The Pensions on Divorce etc. (Pension Sharing) (Scotland) Regulations 2000

Sharing of Rights under Pension Arrangements

Prescribed form of provision corresponding to provision in a pension sharing order under the 1985 Act.

2.  For the purposes of section 28(1)(f)(ii) of the 1999 Act, the provision which corresponds to the provision which may be made by a pension sharing order under the 1985 Act shall be in a form which contains in an annex to, and which is separable from, the qualifying agreement referred to in section 28(1)(f)(i) of the 1999 Act, the following information—

(a) in relation to the party who is the transferor—

(i) all names by which the transferor has been known;

(ii) date of birth;

(iii) address;

(iv) national insurance number;

(v) the name and address of the pension arrangement to which the pension sharing provision relates, and

(vi) the transferor’s membership number or policy number in that pension arrangement;

(b) in relation to the party who is the transferee—

(i) all names by which the transferee has been known;

(ii) date of birth;

(iii) address;

(iv) national insurance number, and

(v) if the transferee is a member of the pension arrangement from which a pension credit is derived, his membership number in that pension arrangement;

(c) details of—

(i) the amount to be transferred to the transferee, or

(ii) the specified percentage of the cash equivalent of the relevant benefits on the valuation day to be transferred to the transferee;

(d) where the transferee has given his consent, in accordance with paragraph 1(3)(c), 3(3)(c) or 4(2)(c) of Schedule 5 to the 1999 Act (mode of discharge of liability for a pension credit), to the payment of a pension credit to the person responsible for a qualifying arrangement—

(i) the full name of that qualifying arrangement;

(ii) its address;

(iii) if known, the transferee’s membership number or policy number in that arrangement, and

(iv) the name or title, business address, business telephone number and, where available, the business facsimile number and electronic mail address of a person who may be contacted in respect of the discharge of liability for the pension credit;

(e) details of the provision about the apportionment (if any) made by the transferor and the transferee of liability for any charges levied by the person responsible for the pension arrangement in relation to pension sharing under Chapter I of Part IV of the 1999 Act, and

(f) confirmation by the transferor that he has intimated to the pension arrangement his intention with respect to pension sharing and that the pension arrangement has acknowledged receipt of the intimation.

Circumstances in which an agreement is to be entered into, in order to be considered a “qualifying agreement” under section 28(1)(f) of the 1999 Act.

3.  A qualifying agreement is, for the purposes of section 28(1)(f) of the 1999 Act, one which the transferor and transferee have entered into in order to determine the financial settlement on divorce and in respect of which the transferor has intimated to the person responsible for a pension arrangement prior to the making of the agreement the intention to have the transferor’s pension rights under the pension arrangement shared with the transferee.