PART 10Transfers

CHAPTER 2Transfers out

Transfer payments made to other schemes or pension arrangements133

1

A transfer payment may only be made in respect of the accrued rights to benefits of an active or deferred member of this scheme.

2

A transfer payment may only be made to—

a

a registered pension scheme that is not a connected scheme; or

b

a pension arrangement that is a qualifying recognised overseas pension scheme for the purposes of Part 4 of FA 2004 (see section 169(2) of that Act).

3

A transfer payment may not be made in respect of rights that are attributable (directly or indirectly) to a pension credit.

4

A member may only require the scheme manager to use a transfer payment in a way specified in section 95(2) of PSA 1993.

5

A member may only require the scheme manager to make a club transfer value payment during the period of 12 months beginning with the day on which the member becomes eligible to be an active member of the scheme to which the payment is to be made.

6

The whole of the transfer payment must be made in accordance with the provisions of this regulation.

7

If section 96(2) of PSA 1993 (trustees or managers of certain receiving schemes or arrangements able and willing to accept a transfer payment only in respect of the member’s other rights) applies, benefits attributable to the following may be excluded from the transfer payment—

a

the member’s accrued rights to a guaranteed minimum pension; or

b

the member’s accrued rights attributable to service in contracted-out employment, within the meaning of Part 3 of PSA 1993, on or after 6th April 1997.