17G.—(1) This regulation applies where—
(a)a notional pension has been determined in accordance with regulation 27 in respect of a person who—
(i)is not a qualifying member, a survivor or surviving dependant; but
(ii)is a person in respect of whom the qualifying pension scheme—
(aa)as a result of the death of a qualifying member, had a liability to provide a pension or other benefit at the calculation date; and
(bb)would have continued to have a liability to provide that pension or other benefit had the trustees or managers not been discharged from that liability under section 161 (as modified by Schedule 1 to these Regulations); and
(b)a transfer notice has been given in respect of the qualifying pension scheme.
(2) Where this regulation applies, that person shall be entitled to a payment, payable in respect of a year, which is the amount determined in accordance with Schedule 7.
(3) A person entitled to a payment under paragraph (2) shall be entitled to that payment—
(a)from the day on which the transfer notice in respect of the qualifying pension scheme is given; and
(b)until the day on which entitlement to a payment from the scheme would have ended in accordance with scheme rules.
(4) The year in respect of which the payment referred to in paragraph (2) is to be made shall be the year starting on the day on which an instalment of the payment is first payable to the person by virtue of regulation 19 and in respect of subsequent years, on each anniversary of that day.
(5) Where a person ceases to be entitled to a payment under this regulation in accordance with paragraph (3)(b)—
(a)subject to sub-paragraph (b), any further instalments of such a payment that would have been payable to that person, in respect of that year, cease to be payable; and
(b)any instalment of such a payment which is payable in respect of a period which includes the day on which the person has died or otherwise ceased to be entitled to a payment shall be payable.]
Textual Amendments