SCHEDULES

C1SCHEDULE 28Registered pension schemes: authorised pensions—supplementary

Annotations:

C1Part 2Pension death benefit rules

Money purchase arrangements

Dependants' annuity

17

1

F2For the purposes of this Part an annuity payable to a dependant is a dependants' annuity if—

F5za

it is purchased either together with a lifetime annuity payable to the member or after the member's death,

a

it is payable by an insurance company,

b

the member or dependant had an opportunity to select the insurance company,

F3c

its amount either cannot decrease or falls to be determined in any manner prescribed by regulations made by the Board of Inland Revenue,

d

where the dependant is not the member’s child, it is payable until the dependant’s death or until the earlier of the dependant’s marryingF6, entering into a civil partnership or dying, and

e

where the dependant is the member’s child, it is payable until the earlier of the dependant’s ceasing to be a dependant or dying, or until the earliest of the dependant’s marryingF7, entering into a civil partnership, ceasing to be a dependant or dying.

F41A

For the purposes of sub-paragraph (1)(za) a dependants' annuity is purchased together with a lifetime annuity if the dependant's annuity is related to the lifetime annuity.

F12

An annuity does not fail to satisfy sub-paragraph (1)(c) by reason of the operation of a pension sharing order or provision.

3

The Board of Inland Revenue may by regulations make provision in relation to cases in which a dependants' annuity payable to a person (“the original dependants' annuity”) ceases to be payable and in consequence of that—

a

sums or assets (or both) are transferred from the insurance company to another insurance company and are applied towards the provision of either another dependants' annuity (a “new dependants' annuity”) or a scheme pension, lifetime annuity, short-term annuity, dependants' scheme pension or dependants' short-term annuity by the other insurance company, or

b

sums or assets are transferred to the relevant registered pension scheme.

4

The regulations may provide that—

a

in a case where a new dependants' annuity becomes payable, the new dependants' annuity is to be treated, to such extent as is prescribed by the regulations and for such of the purposes of this Part as are so prescribed, as if it were the original dependants' annuity, and

b

in any other case, the relevant registered pension scheme is to be treated as making an unauthorised payment in respect of the member of an amount equal to the aggregate of the amount of the sums, and the market value of the assets, transferred.

5

For the purposes of sub-paragraphs (3) and (4) a registered pension scheme is the relevant registered pension scheme if the original dependants' annuity was acquired using sums or assets held for the purposes of the pension scheme.