SCHEDULES
SCHEDULE 4PENSION COMPENSATION PAYABLE ON DISCHARGE OF PENSION COMPENSATION CREDIT
PART 4PROVISIONS APPLICABLE IRRESPECTIVE OF AGE OF TRANSFEREE ON TRANSFER DAY
Annual increase in periodic compensation
17
1
This paragraph provides for annual increases to compensation payable to the transferee.
2
The transferee is entitled, on each indexation date, to an increase of the appropriate percentage of the underlying rate.
3
The increase to which the transferee is entitled on the first indexation date is restricted to 1/12 of the amount calculated under sub-paragraph (2) for each full month in the period beginning with the transfer day and ending with that indexation date.
4
For the purposes of sub-paragraph (2)—
“the appropriate percentage”, as at an indexation date, is the lesser of—
- a
the percentage increase referred to in paragraph (a) of the definition of “the appropriate percentage” in paragraph 17(4) of Schedule 5 to the Pensions Act 2008, and
- b
2.5%;
- a
“the indexation date” means—
- a
the 1st January next falling after the transferee first becomes entitled to the periodic compensation, and
- b
each subsequent 1st January during the transferee’s lifetime;
- a
“the underlying rate”, as at an indexation date, is the aggregate of—
- a
the indexed proportion (as determined under sub-paragraph (5) or (6)) of the aggregate of the initial annual rate of compensation and (in the case of compensation payable under paragraph 6) the revaluation amount, and
- b
any annual increase to which the transferee is entitled under this paragraph in respect of earlier indexation dates.
- a
5
Where the transferor’s PPF compensation is payable in accordance with paragraph 3, 5, 8, 11, 15 or 22 of Schedule 6 to the 2005 Order (“the relevant paragraph of Schedule 6”), “the indexed proportion” is the proportion of the amount mentioned in sub-paragraph (3)(a) of the relevant paragraph of Schedule 6 that is attributable to the transferor’s post-1997 service.
Paragraph 28(4) of that Schedule applies for the purpose of attributing amounts to the transferor’s post-1997 service under this sub-paragraph.
6
Where the transferor’s PPF compensation is payable otherwise than as mentioned in sub-paragraph (5), “the indexed proportion” is such proportion as is determined in accordance with regulations made by the Department.
7
Where the compensation payable to the transferee is—
a
reduced as a result of the commutation of periodic compensation under paragraph 9, or
b
restricted under regulations under paragraph 18 (compensation cap),
the references in the definition of “the underlying rate” in sub-paragraph (4) to the initial annual compensation rate and the revaluation amount are to that rate and that amount as so restricted or reduced.
8
the definition of “the appropriate percentage” in sub-paragraph (4) is subject to paragraph 20 (power of Board to alter rates of revaluation and indexation).
9
In this paragraph “post-1997 service” has the same meaning as in paragraph 28 of Schedule 6 to the 2005 Order (annual increase in periodic pension compensation).