PART 3PENSION COMPENSATION

CHAPTER 1PENSION COMPENSATION ON DIVORCE ETC.

94Discharge of liability

1

This section applies where the Board is subject to a liability in respect of a pension compensation credit.

2

The Board must discharge the liability by sending a notice to the transferee.

3

On the sending of the notice the transferee becomes entitled, with effect from (and including) the transfer day, to compensation calculated in accordance with Schedule 4.

4

For the purposes of that calculation, the initial annual rate of compensation is an amount determined by the Board.

5

The Board must determine that amount in such a way as to secure that the cash equivalent value of the compensation to which the transferee becomes entitled under subsection (3) equals the amount of the credit.

6

The Department may by regulations make provision about the calculation of cash equivalents for the purposes of subsection (5).

7

The notice sent under this section must—

a

state that the transferee is entitled to periodic pension compensation calculated under Schedule 4, and

b

specify the amount determined under subsection (4).

8

Where the transferee dies before liability in respect of the credit has been discharged—

a

subsections (2) to (7) do not have effect in relation to the discharge of liability in respect of the credit, and

b

liability in respect of the credit must be discharged in accordance with regulations made by the Department.