SCHEDULES

SCHEDULE 5F1Financial relief: provision corresponding to provision made by Part 2 of the Matrimonial Causes Act 1973

Annotations:
Amendments (Textual)
F1

Sch. 5 title substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 177; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Part 4Pension sharing orders on or after dissolution or nullity order

Pension sharing orders

16

1

A pension sharing order is an order which—

a

provides that one civil partner's—

i

shareable rights under a specified pension arrangement, or

ii

shareable state scheme rights,

are to be subject to pension sharing for the benefit of the other civil partner, and

b

specifies the percentage value to be transferred.

2

Shareable rights under a pension arrangement are rights in relation to which pension sharing is available under—

a

Chapter 1 of Part 4 of the Welfare Reform and Pensions Act 1999 (c. 30), or

b

corresponding Northern Ireland legislation.

3

Shareable state scheme rights are rights in relation to which pension sharing is available under—

a

Chapter 2 of Part 4 of the 1999 Act, or

b

corresponding Northern Ireland legislation.

4

In this Part “pension arrangement” means—

a

an occupational pension scheme,

b

a personal pension scheme,

c

a retirement annuity contract,

d

an annuity or insurance policy purchased, or transferred, for the purpose of giving effect to rights under—

i

an occupational pension scheme, or

ii

a personal pension scheme, and

e

an annuity purchased, or entered into, for the purpose of discharging liability in respect of a pension credit under—

i

section 29(1)(b) of the 1999 Act, or

ii

corresponding Northern Ireland legislation.

5

In sub-paragraph (4)—

  • occupational pension scheme” has the same meaning as in the Pension Schemes Act 1993 (c. 48);

  • personal pension scheme” has the same meaning as in the 1993 Act;

  • retirement annuity contract” means a contract or scheme approved under Chapter 3 of Part 14 of the Income and Corporation Taxes Act 1988 (c. 1).