The Pension Protection Fund (Compensation) Regulations 2005

[F1 Variable-rate schemes which provide for a decrease in annual rate of pension: modification of Schedule 7 to the Act E+W+S

29.— (1) In this regulation—

(a) “the member” and “the step-down pension” have the same meanings as in regulation 28; and

(b) references to “Schedule 7” are to Schedule 7 to the Act.

(2) Schedule 7 has effect with the following modifications in relation to a scheme to which this regulation applies.

(3) Schedule 7 (apart from paragraph 33) and any regulations made under it (apart from regulation 28 and this regulation) have effect as if the basic element and the bridging element of the step-down pension were separate pensions.

(4) Where compensation is payable under paragraph 3 of Schedule 7 (pensions in payment at assessment date) in respect of the step-down pension, sub-paragraph (2) of that paragraph has effect in its application to the bridging element as if for the words from “for life” to the end there were substituted—

“until the earliest of—

(a) the date of the pensioner’s death;

(b) the PPF bridging end date; and

(c) in a case to which sub-paragraph (8) applies, the date on which entitlement to the pension would have ceased under the admissible rules”.

(5) Where compensation is payable under paragraph 5 of Schedule 7 (pension benefits postponed at assessment date) in respect of the step-down pension, that paragraph has effect in its application to the bridging element as if—

(a) in sub-paragraph (2)—

(i) at the beginning there were inserted “Subject to sub-paragraph (2A),”; and

(ii) for the words from “for life” to the end there were substituted—

“until the earliest of—

(a) the date of the postponed pensioner’s death;

(b) the PPF bridging end date; and

(c) in a case to which sub-paragraph (7) applies, the date on which entitlement to the pension would have ceased under the admissible rules”;

(b) after sub-paragraph (2) there were inserted—

“(2A) No compensation is payable under this paragraph in respect of the pension if, on the PPF bridging end date—

(a) the commencement of periodic compensation in respect of the pension has been postponed by virtue of paragraph 25A; and

(b) that postponement has not ceased.”; and

(c) in sub-paragraph (3)—

(i) at the end of paragraph (a) there were inserted “and”; and

(ii) paragraph (aa) were omitted.

(6) Where compensation is payable under paragraph 8 (active members over normal pension age at assessment date), 11 (active members who have not attained normal pension age at assessment date) or 15 (deferred members who have not attained normal pension age at assessment date) of Schedule 7 in respect of the step-down pension, that paragraph has effect in its application to the bridging element as if—

(a) in sub-paragraph (2)—

(i) at the beginning there were inserted “Subject to sub-paragraph (2A),”; and

(ii) for “for life” there were substituted “until the earlier of the date of his death and the PPF bridging end date”;

(b) after sub-paragraph (2) there were inserted—

“(2A) No compensation is payable under this paragraph in respect of the pension if, on the PPF bridging end date—

(a) the commencement of periodic compensation in respect of the pension has been postponed by virtue of paragraph 25A; and

(b) that postponement has not ceased.”; and

(c) in sub-paragraph (3)—

(i) at the end of paragraph (a) there were inserted “and”; and

(ii) paragraph (aa) were omitted.

(7) Where the commencement of compensation under paragraph 5, 8, 11 or 15 of Schedule 7 in respect of the bridging element of the step-down pension is postponed by virtue of paragraph 25A of that Schedule (postponement of compensation), paragraph 25A has effect in relation to that compensation as if sub-paragraphs (2) and (3) were omitted.

(8) Where the annual value of the bridging element of the step-down pension falls to be determined under paragraph 26(6) of Schedule 7 (compensation cap) for the purpose of determining the periodic compensation payable to the member, or to another person in respect of the member, paragraph 26 has effect as if—

(a) in sub-paragraph (6)—

(i) at the end of each of paragraphs (a), (b), (d) and (f); and

(ii) in paragraph (c)(i), after “paragraph 3(3)(a)”,

there were inserted “, actuarially reduced in accordance with sub-paragraph (8A)”; and

(b) after sub-paragraph (8) there were inserted—

“(8A) The Board must determine the amount of the actuarial reduction to be applied under sub-paragraph (6) having regard to the length of the period beginning with the date on which entitlement to compensation in respect of the benefit commences and ending with the PPF bridging end date.”.

(9) Where compensation is payable under paragraph 4 of Schedule 7 (pensions in payment at assessment date – compensation for survivors) in respect of the step-down pension, that paragraph has effect in its application to the bridging element as if in sub-paragraph (2) for “for life” there were substituted “until the earlier of the date of the widow’s or widower’s death and the PPF bridging end date”.

(10) Where compensation is payable under paragraph 6 of Schedule 7 (pension benefits postponed at assessment date – compensation for survivors) in respect of the step-down pension, that paragraph has effect in its application to the bridging element as if—

(a) in sub-paragraph (2)—

(i) for “sub-paragraph (4)” there were substituted “sub-paragraphs (2A) and (4)”; and

(ii) for “for life” there were substituted “until the earlier of the date of the widow’s or widower’s death and the PPF bridging end date”;

(b) after sub-paragraph (2) there were inserted—

“(2A) No compensation is payable under this paragraph in respect of the pension if the postponed pensioner dies on or after the PPF bridging end date.”; and

(c) in sub-paragraph (3) “any actuarial increase under paragraph 25A and” were omitted.

(11) Where compensation is payable under paragraph 9 of Schedule 7 (active members over normal pension age at assessment date – compensation for survivors) in respect of the step-down pension, that paragraph has effect in its application to the bridging element as if—

(a) in sub-paragraph (2)—

(i) for “sub-paragraph (4)” there were substituted “sub-paragraphs (2A) and (4)”; and

(ii) for “for life” there were substituted “until the earlier of the date of the widow’s or widower’s death and the PPF bridging end date”;

(b) after sub-paragraph (2) there were inserted—

“(2A) No compensation is payable under this paragraph in respect of the pension if the active member dies on or after the PPF bridging end date.”; and

(c) in sub-paragraph (3) “any actuarial increase under paragraph 25A and” were omitted.

(12) Where the member dies after attaining normal pension age and compensation is payable under paragraph 13 of Schedule 7 (active members who have not attained normal pension age at assessment date – compensation for survivors) in respect of the step-down pension, that paragraph has effect in its application to the bridging element as if—

(a) in sub-paragraph (2)—

(i) for “sub-paragraph (4)” there were substituted “sub-paragraphs (2A) and (4)”; and

(ii) for “for life” there were substituted “until the earlier of the date of the widow’s or widower’s death and the PPF bridging end date”;

(b) after sub-paragraph (2) there were inserted—

“(2A) No compensation is payable under this paragraph in respect of the pension if the active member dies on or after the PPF bridging end date.”; and

(c) in sub-paragraph (3)(a) “any actuarial increase under paragraph 25A and” were omitted.

(13) Where the member dies after attaining normal pension age and compensation is payable under paragraph 18 of Schedule 7 (deferred members who have not attained normal pension age at assessment date – compensation for survivors) in respect of the step-down pension, that paragraph has effect in its application to the bridging element as if—

(a) in sub-paragraph (2)—

(i) for “sub-paragraph (4)” there were substituted “sub-paragraphs (2A) and (4)”; and

(ii) for “for life” there were substituted “until the earlier of the date of the widow’s or widower’s death and the PPF bridging end date”;

(b) after sub-paragraph (2) there were inserted—

“(2A) No compensation is payable under this paragraph in respect of the pension if the deferred member dies on or after the PPF bridging end date.”; and

(c) in sub-paragraph (3)(a) “any actuarial increase under paragraph 25A and” were omitted.

(14) Where the member dies before attaining normal pension age—

(a) if compensation is payable under paragraph 13 of Schedule 7 in respect of the step-down pension, that paragraph has effect in its application to the bridging element as if—

(i) in sub-paragraph (2) for “for life” there were substituted “until the earlier of the date of the widow’s or widower’s death and the date specified in sub‑paragraph (2A)”; and

(ii) after sub-paragraph (2) there were inserted—

“(2A) The date specified for the purposes of sub-paragraph (2) is—

(a) where, by virtue of paragraph 25 (early payment of compensation), the active member became entitled to compensation under paragraph 11 in respect of the pension before the date of the active member’s death, the PPF bridging end date; and

(b) in any other case, the last day of the period which begins with the day following the active member’s death and is equal in length to the period—

(i) beginning with the day on which the active member would have attained normal pension age; and

(ii) ending with the PPF bridging end date.”; and

(b) if compensation is payable under paragraph 18 of Schedule 7 in respect of the step-down pension, that paragraph has effect in its application to the bridging element as if—

(i) in sub-paragraph (2) for “for life” there were substituted “until the earlier of the date of the widow’s or widower’s death and the date specified in sub‑paragraph (2A)”; and

(ii) after sub-paragraph (2) there were inserted—

“(2A) The date specified for the purposes of sub-paragraph (2) is—

(a) where, by virtue of paragraph 25 (early payment of compensation), the deferred member became entitled to compensation under paragraph 15 in respect of the pension before the date of the deferred member’s death, the PPF bridging end date; and

(b) in any other case, the last day of the period which begins with the day following the deferred member’s death and is equal in length to the period—

(i) beginning with the day on which the deferred member would have attained normal pension age; and

(ii) ending with the PPF bridging end date.”.

(15) Paragraph 37(1) of Schedule 7 (other definitions) has effect as if after the definition of “pension credit rights” there were inserted—

““the PPF bridging end date” has the meaning given by regulation 28(2)(b) of the Pension Protection Fund (Compensation) Regulations 2005 (variable-rate schemes which provide for a decrease in annual rate of pension: modification of Schedule 7 to the Act);”.]

Textual Amendments

F1 Pt. 12 inserted (24.2.2018) by The Pension Protection Fund (Compensation) (Amendment) Regulations 2018 (S.I. 2018/95), regs. 1, 2(6)