Part IV Pension sharing
Chapter II Sharing of state scheme rights
47 Shareable state scheme rights.
(1)
Pension sharing is available under this Chapter in relation to a person’s shareable state scheme rights.
F1(1A)
For the purposes of this Chapter, a person's shareable state scheme rights are—
(a)
the person's shareable old state scheme rights;
(b)
the person's shareable new state scheme rights.
(2)
For the purposes of this Chapter, a person’s shareable F2old state scheme rights are—
(a)
his entitlement, or prospective entitlement, to a Category A retirement pension by virtue of section 44(3)(b) of the Contributions and Benefits Act (F3... additional pension), and
(b)
his entitlement, or prospective entitlement, to a pension under section 55A F4or 55AA of that Act (shared additional pension).
F5(3)
For the purposes of this Chapter, a person's shareable new state scheme rights are the person's entitlement, or prospective entitlement, to the excess amount in a state pension under section 4 of the Pensions Act 2014.
(4)
“The excess amount”, in relation to a state pension under section 4 of the Pensions Act 2014, means any amount by which the rate of the pension exceeds the full rate of the state pension (see section 3 of that Act).
(5)
In determining the rate of a state pension under section 4 of the Pensions Act 2014 for the purposes of this Chapter, ignore Schedule 6 to that Act (reduced rate elections: effect on rate of section 4 pension).