2016 No. 289
The Pension Sharing (Miscellaneous Amendments) Regulations 2016
Made
Laid before Parliament
Coming into force
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 101C(2), 101H(3), 101J(6)(a), 101L(1), 181(1), 182(2) and (3) and 183(1) of the Pension Schemes Act 19931, sections 23(1)(a), (b)(i), (c) and (d) and (3), 26(1), 27(2), 30(1), 41(1), (2) and (7) and 83(4) and (6) of the Welfare Reform and Pensions Act 19992, section 145(1) of the Pensions Act 20083 and sections 48(2), (3)(a) and (4), 83 and 86 of the Pension Schemes Act 20154.
Before making these Regulations, in accordance with sections 185(1) of the Pension Schemes Act 19935 and 83(11) of the Welfare Reform and Pensions Act 1999, the Secretary of State consulted such persons as the Secretary of State considered appropriate.
Citation and commencement1
1
These Regulations may be cited as the Pension Sharing (Miscellaneous Amendments) Regulations 2016.
2
These Regulations come into force on 6th April 2016.
Amendments to the Pensions on Divorce etc. (Provision of Information) Regulations 20002
1
The Pensions on Divorce etc. (Provision of Information) Regulations 20006 are amended as follows.
2
In regulation 1(2) (interpretation)7—
a
after the definition of “pensionable service”, insert—
“pensioner member” has the meaning given by section 124(1) of the 1995 Act8;
b
in the definition of ““the party with pension rights” and “the other party”” for “Matrimonial Causes Act 1997;” substitute “Matrimonial Causes Act 19739;”.
3
In regulation 2(4) (basic information about pensions and divorce or dissolution of a civil partnership)10, after “which is not specified in” substitute—
Schedules 2 to 5 (basic information; information to be given on request; summary funding statements; statements of benefits: non money purchase benefits) and Schedule 6 (statements of benefits: money purchase benefits and cash balance benefits) or 7 (information to be given by schemes that relates to accessing benefits) (whichever is relevant) to the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 201311, in a case where those Regulations apply.
4
In regulation 3 (information about pensions and divorce and dissolution of a civil partnership: valuation of pension benefits)12—
a
in paragraph (1)—
i
for sub-paragraph (a) substitute—
a
paragraphs (3) and (4), if the person with pension rights is an active member, a deferred member or a pensioner member of an occupational pension scheme;
ii
omit sub-paragraph (b);
iii
for paragraph (ii) of sub-paragraph (d) substitute—
ii
the rights of the person with pension rights are contained in an insurance policy or annuity contract other than a retirement annuity contract;
b
for paragraphs (3) and (4) substitute—
3
Where a person with pension rights is an active member, a deferred member or a pensioner member of an occupational pension scheme, the value of those rights in relation to a category of benefits referred to in section 93(6) of the 1993 Act (category of benefits)13 must be calculated and verified in accordance with regulations 7 to 7C and 7E(1) to (3) of the Transfer Values Regulations (calculation and verification of cash equivalent)14, as if—
a
in the case of benefits other than money purchase benefits, the member has made an application for a statement of entitlement under section 93A of the 1993 Act (right to statement of entitlement: benefits other than money purchase)15 on the date that the request for the valuation was received; or
b
in the case of money purchase benefits, the member has made an application under section 95 of the 1993 Act (ways of taking right to cash equivalent)16 to take the cash equivalent of those benefits on the date that the request for the valuation was received.
4
Where the person with pension rights is continuing to accrue rights to benefits in the category of benefits to be valued, paragraph (3) applies as if the person had ceased to accrue rights in that category of benefits on the date that the request for the valuation was received.
c
in paragraph (5), for “section 94(1)(b) of the 1993 Act” substitute “section 94 of the 1993 Act (right to cash equivalent)17”;
d
in paragraph (6), for “Chapter IV of Part IV of the 1993 Act by section 93(1)(b) of that Act (scope of Chapter IV)” substitute “Chapter 1 of Part 4ZA of the 1993 Act by section 93(5)(b) of that Act (scope of Chapter 1)18”;
e
for paragraphs (8) and (10) substitute—
8
When calculating and verifying a cash equivalent, regulations 7 to 7C and 7E(1) to (3) of the Transfer Values Regulations are to be read as if—
a
in regulation 7—
i
in paragraph (1)(a), the words “and then making any reductions in accordance with regulation 7D” do not appear;
ii
in paragraph (1)(b), the words “regulation 7E” are replaced with “regulation 7E(1) to (3)”;
iii
in paragraphs (2) and (4), the word “trustees” is replaced with “person responsible for the pension arrangement”;
iv
in paragraph (3), the words “trustees are” are replaced with “person responsible for the pension arrangement is”;
v
in paragraph (5), the words “trustees of the scheme in question have” are replaced with “person responsible for the pension arrangement has”;
b
in regulations 7A and 7B, in each place where it appears, the word “trustees” is replaced with “person responsible for the pension arrangement”;
c
in regulation 7C—
i
in paragraph (3), in both places where it appears, the word “trustees” is replaced with “person responsible for the pension arrangement”;
ii
in paragraph (4)(b)(iv), the words “trustees determine” are replaced with “person responsible for the pension arrangement determines”;
d
in regulation 7E—
i
in paragraph (1), the words “trustees have” are replaced with “person responsible for the pension arrangement has”;
ii
in paragraph (2), the word “trustees” is replaced with “person responsible for the pension arrangement”.
5
In regulation 4(2) (provision of information in response to a notification that a pension sharing order or provision may be made)19—
a
at the end of sub-paragraph (b)(i), omit “and”;
b
at the end of sub-paragraph (b)(ii), insert—
and
iii
whether the member’s rights to benefit are to be or are likely to be reduced in accordance with sections 73 to 74 of the 1995 Act (winding up provisions)20;
c
in sub-paragraph (c), after the words “(reductions in initial cash equivalents)” insert “if the member were to transfer the cash equivalent of those rights out of the scheme”.
Amendments to the Pensions on Divorce etc. (Charging) Regulations 20003
1
The Pensions on Divorce etc. (Charging) Regulations 200021 are amended as follows.
2
In regulation 2(4)(a) (general requirements as to charges)22—
a
in paragraph (i), for “(salary related schemes: right to statement of entitlement, and right to cash equivalent)” substitute “(right to statement of entitlement: benefits other than money purchase and right to cash equivalent)”;
b
for paragraph (iii) substitute—
iii
regulation 17 (statements of benefits: money purchase benefits) or any of the provisions of Part 6 (statements of benefits; lifestyling and accessing benefits) of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 201323;
3
In regulation 3(2) (charges recoverable in respect of the provision of basic information)—
a
for sub-paragraph (d) substitute—
d
any costs incurred by the trustees or managers of an occupational or personal pension scheme in connection with the provision of information under regulation 6 (basic scheme information) or 7 (basic scheme information to be given by certain schemes) of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013, that the trustees or managers provide to the member free of charge under those Regulations;
b
for paragraph (iii) of sub-paragraph (e) substitute—
iii
regulation 17 or any of the provisions of Part 6 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013; or
4
For sub-paragraph (f) of regulation 9(2) (charges in respect of pension sharing activity – method of recovery) substitute—
f
deduction from the amount of a transfer value which is calculated in accordance with regulation 24 of the Pension Sharing (Pension Credit Benefit) Regulations 2000 (manner of calculation and verification of cash equivalents)24.
Amendments to the Pension Sharing (Valuation) Regulations 20004
1
The Pension Sharing (Valuation) Regulations 200025 are amended as follows.
2
In regulation 1(2) (interpretation), omit the definition of “initial cash equivalent”26.
3
In regulation 2(1) (rights under a pension arrangement which are not shareable)27—
a
in sub-paragraph (b)—
i
for paragraph (iv) substitute—
iv
dependants’, nominees’ or successors’ income withdrawal within the meaning of, as the case may be, paragraph 21 (dependants’ income withdrawal), 27D (nominees’ income withdrawal) or 27J (successors’ income withdrawal) of Schedule 28 to the Finance Act 200428,
ii
after “surviving civil partner”, insert “, nominee, successor”;
iii
omit “and” at the end;
b
after sub-paragraph (b), insert—
ba
any rights relating to sums and assets held for the purposes of—
i
a dependant’s drawdown pension fund or flexi-access drawdown fund within the meaning of, as the case may be, paragraph 22 (dependant’s drawdown pension fund) or 22A (dependant’s flexi-access drawdown fund) of Schedule 28 to the Finance Act 200429;
ii
a nominee’s or successor’s flexi-access drawdown fund within the meaning of, as the case may be, paragraph 27E (nominee’s flexi-access drawdown fund) or 27K (successor’s flexi-access drawdown fund) of Schedule 28 to the Finance Act 200430;
c
after the words “pensionable service” in sub-paragraph (c), insert—
; and
d
any rights in respect of a cash transfer sum or contribution refund that the member would be entitled to under section 101AB of the 1993 Act (right to cash transfer sum and contribution refund)31 if pensionable service were to be terminated.
4
For regulation 4 (manner of calculation and verification of cash equivalents: occupational pension schemes)32 substitute—
Manner of calculation and verification of cash equivalents: occupational pension schemes4
1
Subject to this regulation, where a person with pension rights is, for the purposes of Part I of the 1995 Act, an active member, a deferred member or a pensioner member of an occupational pension scheme, or where a person with pension rights attains, or is over, normal pension age and is not in receipt of the pension, the value of rights in relation to a category of benefits referred to in section 93(6) of the 1993 Act (category of benefits) must be calculated and verified in accordance with regulations 7 to 7C and 7E(1) to (3) of the Transfer Values Regulations (calculation and verification of cash equivalents), as if—
a
in the case of benefits other than money purchase benefits, the member has made an application for a statement of entitlement under section 93A of the 1993 Act (right to statement of entitlement: benefits other than money purchase); or
b
in the case of money purchase benefits, the member has made an application under section 95 of the 1993 Act (ways of taking right to cash equivalent) to use the cash equivalent of those benefits.
2
Where a person with pension rights is continuing to accrue rights to benefits in the category of benefits to be valued, paragraph (1) applies as if the person had ceased to accrue rights in that category of benefits on the valuation day.
3
Where a person with pension rights is entitled to present payment of the pension, but the pension is not yet in payment, the cash equivalent must be calculated and verified on the assumption that the pension comes into payment on the transfer day.
4
When calculating and verifying the cash equivalent, regulations 7 to 7C and 7E(1) to (3) of the Transfer Values Regulations are to be read as if—
a
in regulation 7—
i
in paragraph (1)(a), the words “and then making any reductions in accordance with regulation 7D” do not appear;
ii
in paragraph (1)(b), the words “regulation 7E” are replaced with “regulation 7E(1) to (3)”;
b
in regulation 7A(2), the words “guarantee date” are replaced with “valuation day”;
c
in regulation 7C(2), the words “at the date of calculation” are replaced with “on the valuation day”; and
d
“valuation day” has the meaning given by section 29(7) of the 1999 Act (meaning of valuation day).
5
In regulation 5 (manner of calculation and verification of cash equivalents: other relevant arrangements)33—
a
in paragraph (1), for “7 to 7E of the Transfer Values Regulations” substitute “7 to 7C and 7E(1) to (3) of the Transfer Values Regulations, as if the person with the pension rights had made a valid application under section 95 of the 1993 Act to use the cash equivalent of the rights to benefits”;
b
in paragraph (2), before sub-paragraph (a) insert—
za
in regulation 7(1)(a), the words “and then making any reductions in accordance with regulation 7D” do not appear;
zb
in regulation 7(1)(b), the words “regulation 7E” are replaced with “regulation 7E(1) to (3)”;
c
in paragraph (3), for “Chapter IV of Part IV of the 1993 Act by section 93(1)(b) of that Act (scope of Chapter IV)” substitute “Chapter 1 of Part 4ZA of the 1993 Act by section 93(5)(b) of that Act (scope of Chapter 1)”.
Amendments to the Pension Sharing (Pension Credit Benefit) Regulations 20005
1
The Pension Sharing (Pension Credit Benefit) Regulations 2000 are amended as follows.
2
In regulation 1(2) (interpretation)34—
a
after the definition of “base rate”, insert—
“categories of benefits” refers to the categories listed in paragraphs (a) to (c) of section 101F(6B) of the 1993 Act35;
b
for the definition of “pension credit benefit” substitute—
“pension credit benefit” has the meaning given by section 101B of the 1993 Act36 insofar as that expression is used in Part II of these Regulations;
c
omit the definition of “statement of entitlement”.
3
In regulation 3(a) (pension credit benefit in lump sum form)37, after “(a), (b),” insert “(ba),”.
4
In regulation 21(1) (requirements of other pension arrangements)38, for “pension credit benefit” substitute “pension credit rights”.
5
In regulation 23 (statements of entitlement)39—
a
for the title “Statements of entitlement” substitute “Written statement of the amount of the cash equivalent of the member’s pension credit rights”;
b
in paragraph (1)—
i
for “salary related schemes: statements of entitlement” substitute “benefits other than money purchase: statements of entitlement”;
ii
for “statement of entitlement” substitute “written statement of the amount of the cash equivalent of the member’s pension credit rights”;
c
after paragraph (1), insert—
1A
Where an eligible member has transferrable rights under Part IVA of the 1993 Act in relation to two categories of benefits other than money purchase benefits, the trustees or managers must provide the member with a written statement setting out a separate cash equivalent in relation to each of the categories of benefits, unless the member’s application relates to one of the categories of benefits only.
d
in paragraphs (3) and (4), in both places where the words appear, for “statement of entitlement” substitute “written statement”.
6
In regulation 24(2)(f) (manner of calculation and verification of cash equivalents), for “paragraphs 7 and 9” substitute “paragraph 7”.
7
In regulation 26 (extension of time limits for payment of cash equivalents)—
a
after the words “section 101J(1)(a)”, in both places where they appear, insert “or (b)”;
b
in paragraph (a)(vi)—
i
for “statement of entitlement” substitute “written statement”;
ii
for “regulation 27 or 28” substitute “regulation 28”.
8
In regulation 28 (increases and reductions of cash equivalents once the statement of entitlement has been sent to the eligible member)40—
a
in the title, for “statement of entitlement” substitute “written statement”;
b
in paragraph (1)—
i
for “statement of entitlement” substitute “written statement”;
ii
for “of a salary related scheme by the trustees or managers of that scheme” substitute “by the trustees or managers of a scheme”;
c
in paragraph (3), for “the winding up provisions (as defined in regulation 27(13))” substitute “sections 73 to 74 of the 1995 Act”.
9
In regulation 29 (increases of cash equivalents on late payment), in both places where it appears, omit “, 27”.
10
In regulation 30(1) (personal pension schemes: increases and reductions of cash equivalents), for “pension credit benefit” substitute “pension credit rights”.
Amendments to the Divorce etc. (Pensions) Regulations 20006
In regulation 3(2) (valuation) of the Divorce etc. (Pensions) Regulations 200041—
a
in sub-paragraph (c), for “section 93A or 94(1)(a) or (aa)” substitute “sections 93A and 94(1)”;
b
in sub-paragraph (d), for “section 94(1)(b)” substitute “section 94(2)”.
Amendments to the Divorce etc. (Pensions) (Scotland) Regulations 20007
1
The Divorce etc. (Pensions) (Scotland) Regulations 200042 are amended as follows.
2
In regulation 2(1) (interpretation)43, after the definition of “pension arrangement” insert—
“pensioner member” has the meaning given by section 124(1) of the 1995 Act;
3
In regulation 3 (valuation)44—
a
in paragraph (2)—
i
for sub-paragraph (a) substitute—
a
paragraphs (3) and (4), if the party with pension rights is an active member, a deferred member or a pensioner member of an occupational pension scheme;
ii
omit sub-paragraph (b);
iii
for paragraph (ii) of sub-paragraph (d) substitute—
ii
the rights of the party with pension rights are contained in an insurance policy or annuity contract other than a retirement annuity contract;
b
for paragraphs (3) and (4) substitute—
3
Where the party with pension rights is an active member, a deferred member or a pensioner member of an occupational pension scheme, the value of those rights in relation to a category of benefits referred to in section 93(6) of the 1993 Act (category of benefits) must be calculated and verified in accordance with regulations 7 to 7C and 7E(1) to (3) of the Transfer Values Regulations (calculation and verification of cash equivalent), as if—
a
in the case of benefits other than money purchase benefits, the party with pension rights has made an application for a statement of entitlement under section 93A of the 1993 Act (right to statement of entitlement: benefits other than money purchase) on the date that the request for the valuation was received; or
b
in the case of money purchase benefits, the party with pension rights has made an application under section 95 of the 1993 Act (ways of taking right to cash equivalent) to take the cash equivalent of those benefits on the date that the request for the valuation was received.
4
Where the party with pension rights is continuing to accrue rights to benefits in the category of benefits to be valued, paragraph (3) applies as if the party had ceased to accrue rights in that category of benefits on the date that the request for the valuation was received.
c
in paragraph (5), for “section 94(1)(b) of the 1993 Act” substitute “section 94 of the 1993 Act (right to cash equivalent)”;
d
in paragraph (6), for “Chapter IV of Part IV of the 1993 Act by section 93(1)(b) of that Act (scope of Chapter IV)” substitute “Chapter 1 of Part 4ZA of the 1993 Act by section 93(5)(b) of that Act (scope of Chapter 1)”;
e
for paragraphs (8) and (10) substitute—
8
When calculating and verifying a cash equivalent, regulations 7 to 7C and 7E(1) to (3) of the Transfer Values Regulations are to be read as if—
a
in regulation 7—
i
in paragraph (1)(a), the words “and then making any reductions in accordance with regulation 7D” do not appear;
ii
in paragraph (1)(b), the words “regulation 7E” are replaced with “regulation 7E(1) to (3)”;
iii
in paragraphs (2) and (4), the word “trustees” is replaced with “person responsible for the pension arrangement”;
iv
in paragraph (3), the words “trustees are” are replaced with “person responsible for the pension arrangement is”;
v
in paragraph (5), the words “trustees of the scheme in question have” are replaced with “person responsible for the pension arrangement has”;
b
in regulations 7A and 7B, in each place where it appears, the word “trustees” is replaced with “person responsible for the pension arrangement”;
c
in regulation 7C—
i
in paragraph (3), in both places where it appears, the word “trustees” is replaced with “person responsible for the pension arrangement”;
ii
in paragraph (4)(b)(iv), the words “trustees determine” are replaced with “person responsible for the pension arrangement determines”;
d
in regulation 7E—
i
in paragraph (1), the words “trustees have” are replaced with “person responsible for the pension arrangement has”;
ii
in paragraph (2), the word “trustees” is replaced with “person responsible for the pension arrangement”.
Amendments to the Dissolution etc. (Pensions) Regulations 20058
In regulation 3(2) (valuation) of the Dissolution etc. (Pensions) Regulations 200545—
a
in sub-paragraph (c), for “section 93A or 94(1)(a) or (aa)” substitute “sections 93A and 94(1)”;
b
in sub-paragraph (d), for “section 94(1)(b)” substitute “section 94(2)”.
Amendments to the Pension Schemes Act 2015 (Transitional Provisions and Appropriate Independent Advice) Regulations 20159
1
The Pension Schemes Act 2015 (Transitional Provisions and Appropriate Independent Advice) Regulations 201546 are amended as follows.
2
In regulation 1(3) (interpretation)—
a
in the definition of “cash equivalent”—
i
omit “of the 1993 Act”; and
ii
at the end insert “or, as the case may be, a cash equivalent mentioned in sections 101F (power to give transfer notice) and 101H (benefits other than money purchase) of the 1993 Act47”;
b
after the definition of “cash equivalent”, insert—
“eligible member” has the meaning given by section 101P(1) of the 1993 Act (interpretation of Chapter II)48;
c
in the definition of “valuation date”—
i
at the end of paragraph (a) omit “or”;
ii
after paragraph (a), insert—
aa
where an eligible member is, under section 101F of the 1993 Act, exercising the right to take an amount equal to the cash equivalent of the eligible member’s pension credit rights, the date determined in accordance with section 101H(2) of that Act; or
d
after the definition of “writing”, insert—
“written statement of the amount of the cash equivalent” has the meaning given in section 101H(1) of the 1993 Act.
3
In regulation 2(a) (transitional provisions), at the end of sub-paragraph (i), omit “or” and insert—
ia
an eligible member, before 6th April 2015 and in accordance with section 101F of the 1993 Act, required the trustees or managers to use an amount equal to the cash equivalent of the member’s pension credit rights for an authorised purpose;
ib
an eligible member made an application for a written statement of the amount of the cash equivalent before 6th April 2015; or
4
In regulation 6 (information to be provided to the member or survivor), at the end of paragraph (b)(i), omit “or” and insert—
ia
in the case of a pension credit member, the day on which a written statement of the amount of the cash equivalent is provided; or
5
In regulation 8 (information to be provided on initial enquiry)—
a
in paragraph (2)—
i
at the end of sub-paragraph (b), insert “or a written statement of the amount of the cash equivalent”;
ii
in sub-paragraph (c), after “statement of entitlement” insert “or a written statement of the amount of the cash equivalent”;
iii
at the end of sub-paragraph (c), omit “or” and insert—
ca
by notice in writing, in accordance with section 101F(1) of the 1993 Act, requires the trustees or managers to use an amount equal to the cash equivalent of the member’s pension credit rights for an authorised purpose; or
b
in paragraph (4), for sub-paragraph (a) substitute—
a
if the circumstances in paragraph (2)(c) or (ca) apply, where the information has already been provided to the member or survivor because the circumstances in, as the case may be, paragraph (2)(a) or (b) previously applied;
6
In regulation 9 (determination of whether exception applies and check that advice received)—
a
in paragraph (2)(a) and (b), in both places where the words occur, after “statement of entitlement” insert “or a written statement of the amount of the cash equivalent”;
b
at the end of paragraph (2)(a), omit “or” and insert—
aa
have received a notice in writing, in accordance with section 101F of the 1993 Act, requiring an amount equal to the cash equivalent of an eligible member’s pension credit rights to be used for an authorised purpose; or
c
in paragraph (4)(a), after “statement of entitlement” insert “or a written statement of the amount of the cash equivalent”.
7
For paragraph (1) of regulation 10 (information to be provided where the value of cash equivalent is increased or reduced) substitute—
1
Where the cash equivalent has been increased or reduced in accordance with—
a
regulation 9(5) of the Transfer Values Regulations (increases and reductions of cash equivalents)49 after the statement of entitlement has been provided; or
b
regulation 28 of the Pension Sharing (Pension Credit Benefit) Regulations 2000 (increases and reductions of cash equivalents once the written statement has been sent to the eligible member),
the trustees or managers must provide further information to the member in accordance with this regulation, on the day on which written confirmation that the cash equivalent has been increased or reduced, as the case may be, is provided to the member.
Signed by authority of the Secretary of State for Work and Pensions.
(This note is not part of the Regulations)