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The Personal and Occupational Pension Schemes (Indexation and Disclosure of Information) (Miscellaneous Amendments) Regulations 2005
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Indexation: treatment of transfers made on or after 6th April 2005 from pension schemes
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9. After regulation 2 of the Indexation Regulations insert—
“Indexation of occupational pensions derived from the acceptance of transfers from pension schemes: transfers made on or after 6th April 2005
2A.—(1) This regulation applies where—
(a)a person’s accrued rights to a pension payable under an occupational pension scheme (“scheme A”) to which section 51 of the Act applies, or any part of them, derive from the allowance by the scheme of a transfer credit in respect of rights in any pension scheme (“scheme B”) of which that person has previously been a member; and
(b)the transfer credit is allowed by reference to a transfer which is made on or after 6th April 2005.
(2) Subsections (2) and (3) of section 51 of the Act shall apply to such part of the pension payable by scheme A as is attributable to any accrued rights deriving from the allowance of the transfer credit—
(a)only to the extent that those accrued rights are—
(i)i)section 9(2B) rights; or
(ii)rights (other than section 9(2B) rights) which are allowed by reference to rights in scheme B that were subject to the indexation requirement at the time of the transfer; and
(b)as if those accrued rights were attributable to pensionable service on or after the appointed day.”.
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