PART IV DISCHARGE OF LIABILITY IN RESPECT OF A PENSION CREDIT

Funded pension schemes7

1

The circumstances in which the trustees or managers of a scheme, to which paragraph 1 of Schedule 5 to the 1999 Act applies, may discharge their liability in respect of a pension credit in accordance with sub-paragraph (2)(b) of that paragraph are where—

a

the person entitled to the credit has failed to provide his consent in accordance with paragraph 1(2)(a) and (4) of that Schedule; and

b

the circumstances set out in paragraph 1(3) of that Schedule do not apply.

2

The circumstances in which the trustees or managers of a scheme, to which paragraph 1 of Schedule 5 to the 1999 Act applies, may discharge their liability in respect of a pension credit in accordance with sub-paragraph (3)(c) of that paragraph are where—

a

the person entitled to the credit has failed to provide his consent in accordance with F1paragraph 1(3)(c) of that Schedule; and

F2b

either—

i

the person entitled to the pension credit has failed to provide his consent in accordance with paragraph 1(2)(a) and (4) of that Schedule; or

ii

the trustees or managers of the scheme have not discharged their liability in accordance with paragraph (1) above.