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The Financial Assistance Scheme Regulations 2005

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Survivors of qualifying membersU.K.

This section has no associated Explanatory Memorandum

5.—[F1(1) This paragraph applies where—

(a)immediately before a qualifying pension scheme began to wind up, a qualifying member—

(i)was entitled to present payment of a pension under the scheme rules and that pension was attributable—

(aa)to the member’s pensionable service; or

(bb)(directly or indirectly) to a pension credit to which the member became entitled under section 29(1)(b) of the Welfare Reform and Pensions Act 1999 (creation of pension debits and credits); or

(ii)was an active member or a deferred member of that scheme;

(b)that member dies on or after the day on which the scheme began to wind up; and

(c)that member—

(i)was entitled to an annual payment F2..., or

(ii)would have been entitled to such an annual payment had he not died before he became so entitled.]

(2) The annual payment payable to the survivor of a qualifying member to whom this paragraph applies shall be determined in accordance with [F3sub-paragraph (3) or (6A)].

[F4(3) Except where sub-paragraph (6A) applies, the annual payment payable to a survivor shall be—]F5

(4) In sub-paragraph (3), “expected pension” shall, subject to sub-paragraph (5), be determined—

(a)where the qualifying member was entitled to present payment of a pension under the scheme rules [F6on the day before the day on which the qualifying pension scheme began to be wound up] in accordance with paragraph 3(3); or

(b)where the qualifying member was an active member or a deferred member of a qualifying pension scheme [F6on the day before the day on which the qualifying pension scheme began to be wound up] in accordance with [F7sub-paragraph (7)].

(5) In any case where the scheme manager is satisfied that it is not possible for [F8it] to identify either or both elements of the formula in sub-paragraph (3), [F9it] may determine how the annual payment is to be calculated having regard to the scheme rules and such other matters as [F9it] considers relevant.

F10(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11(6A) Where the qualifying member was a party to a polygamous marriage, the annual payment payable to each survivor shall be—

(6B) In this paragraph—

“A” means the actual pension;

“B” means the sum of the actual pensions of all the survivors of that qualifying member;

“E” means one half of the product of 0.9 multiplied by the expected pension which would be determined in accordance with sub-paragraph (3) if sub-paragraph (6A) did not apply;

[F12“H” means the aggregate of—

(a)

one half of the amount of any annual increases determined in accordance with paragraph 9 to which the qualifying member was entitled on the day on which the qualifying member died; and

(b)

where sub-paragraph (6C) applies, the total amount of annual increases determined in accordance with paragraph 9 to which any survivor was entitled on the day on which the survivor died.]

“N” means the number of survivors of that qualifying member.

(6C) Where a survivor of a qualifying member who was a party to a polygamous marriage dies, the annual payment payable to each survivor of that qualifying member shall be redetermined with effect from the day after the day on which the survivor died.]

[F13(7) For the purposes of sub-paragraph (4)(b), “expected pension” means the aggregate amount of—

(a)the amount specified in paragraph 4(3)(a);

(b)the revaluation amount for the first survivor revaluation period (see sub-paragraphs (8) and (9)); F14...

(c)the revaluation amount for the second survivor revaluation period (see sub-paragraphs (10) and (11)); F15...

[F16(ca)in any case where—

(i)the day from which the qualifying member became entitled to an annual payment; or

(ii)the day from which the survivor of the qualifying member became entitled to an annual payment,

is on or after 31st March 2011, the revaluation amount for the third survivor revaluation period (see sub-paragraphs (10A) and (11)); and]

[F17(d)in any case where—

(i)14th May 2004 is later than—

(aa)the day on which the qualifying member died; and

(bb)the day on which the qualifying pension scheme began to be wound up; or

(ii)the qualifying member attained normal retirement age before 14th May 2004 but died on or after 14th May 2004,

the revaluation amount for the [F18fourth] survivor [F19revaluation] period (see sub-paragraphs (12) and (13)).]

(8) The first survivor revaluation period is the period—

(a)beginning on the day on which the qualifying member’s pensionable service ended; and

(b)ending on—

(i)the day before the day on which the scheme began to wind up;

(ii)the day from which the qualifying member became entitled to an annual payment in accordance with regulation 17(2)[F20, (3) or (3C) or 17C]; or

(iii)the day from which the survivor of the qualifying member became entitled to an annual payment under regulation 17(4),

whichever is the earliest.

(9) The revaluation amount for the first survivor revaluation period is the revaluation amount determined in accordance with paragraph 4(6).

(10) The second survivor revaluation period is the period—

(a)beginning on the day after the date determined in accordance with sub-paragraph (8)(b); and

[F21(b)ending on—

(i)[F22the earliest of—

(aa)the day from which the qualifying member became entitled to an annual payment;

(bb)the day from which the survivor of the qualifying member became entitled to an annual payment; or

(cc)31st March 2011; or]

(ii)in any case where 14 May 2004 is later than—

(aa)the day on which the qualifying member died; and

(bb)the day on which the qualifying pension scheme began to be wound up,

the day on which the qualifying member died.]

[F23(10A) The third survivor revaluation period is the period beginning on 31st March 2011 and ending on the earlier of—

(a)the day from which the qualifying member became entitled to an annual payment; and

(b)the day from which the survivor of the qualifying member became entitled to an annual payment.]

[F24(11) The revaluation amounts for the second and third survivor revaluation periods are the revaluation amounts determined in accordance with paragraph 4(8) to (12).]]

[F25(12) The [F26fourth] survivor revaluation period is the period—

(a)beginning on [F27the day after the day determined in accordance with sub-paragraph (10)(b)]; and

(b)ending on 14 May 2004.

(13) The revaluation amount for the [F28fourth] survivor revaluation period is the revaluation amount determined in accordance with paragraph 4(13A) to (13D).]

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