36(1)Paragraph 9 of Schedule 36 (uncrystallised rights under arrangement under pension scheme within paragraph 1(1)(a) to (d)) is amended as follows.U.K.
(2)In sub-paragraph (3), insert at the end “ as increased, in a case where sub-paragraph (5A) applies, in accordance with sub-paragraph (5B). ”
(3)After sub-paragraph (5) insert—
“(5A)This sub-paragraph applies where, in the case of an arrangement under a pension scheme which immediately before 6th April 2006 was within section 611A(1)(a) of ICTA—
(a)a lump sum could be paid to the individual on 5th April 2006 under the pension scheme otherwise than by commutation of pension, and
(b)that lump sum could not be exchanged (in whole or in part) for an increased pension.
(5B)Where sub-paragraph (5A) applies, the amount arrived at under sub-paragraph (3) is the aggregate of what it otherwise would be and so much of the amount of the lump sum as could not be so exchanged.”