SCHEDULES
C1SCHEDULE 36Pension schemes etc: transitional provisions and savings
C2Part 2Pre-commencement rights: lifetime allowance charge
Sch. 36 Pt. 2 applied (with modifications) (1.5.2010) by The Financial Assistance Scheme (Tax) Regulations 2010 (S.I. 2010/1187), regs. 1(1), 5-11
“Primary protection”
F111B
1
This paragraph and paragraphs 11C and 11D specify the value of the individual's pre-commencement rights to death benefits.
2
Subject to paragraphs 11C and 11D, the value of the individual's pre-commencement rights to death benefits is the aggregate of the maximum amounts that could have been paid—
a
in respect of the individual as uncrystallised rights lump sum death benefits, and
b
under relevant pension arrangements relating to the individual,
if the individual had died on 5th April 2006.
3
Lump sum death benefits are “uncrystallised rights lump sum death benefits” if they are attributable to rights in respect of which the individual had not, on 5th April 2006, become entitled to the present payment of benefits.
4
An arrangement is a “relevant pension arrangement” if it is an arrangement under a pension scheme within paragraph 1(1).
Sch. 36 modified by The Taxation of Pension Schemes (Transitional Provisions) Order 2006 (S.I. 2006/572), art. 23D (as inserted (1.6.2009) by S.I. 2009/1172, arts. 1, 3)