PART VIOCCUPATIONAL AND PERSONAL PENSION SCHEMES: MISCELLANEOUS PROVISIONS

Contracting out

Restrictions on commutation and age at which benefits may be received261

1

For section 17(1) of the Pension Schemes Act (commutation of guaranteed minimum pensions) substitute—

1

A scheme may, in such circumstances and subject to such restrictions and conditions as may be prescribed, provide for the payment of a lump sum instead of a pension required to be provided by the scheme in accordance with section 9 or 13.

2

In section 13 of that Act (minimum pensions for widows and widowers), at the end add—

8

Where—

a

a lump sum is paid to an earner under provisions included in a scheme by virtue of section 17(1), and

b

those provisions are of a prescribed description,

the earner shall be treated for the purposes of this section as having any guaranteed minimum under section 10 that he would have had but for that payment.

3

In section 24 of that Act (ways of giving effect to protected rights), in subsection (4) (provision of a lump sum)—

a

after “provision of a lump sum” insert “, subject to such restrictions as may be prescribed,”;

b

omit paragraphs (a) and (b);

c

at the end add

; and

e

such other conditions as may be prescribed are satisfied.

4

Omit subsections (4A) and (4B) of that section.

5

In subsections (3) and (5) of that section, for “, (4) or (4A)” substitute “or (4)”.

6

In subsection (8) of that section, in the definition of “the starting date” omit “, which must not be earlier than the member’s 60th birthday,”.

7

In section 25(1) of that Act (how a pension may comply with “the pension requirements” for the purposes of section 24)—

a

in paragraph (a), for the words from “date” to “or on” substitute “date that is not later than the member’s 65th birthday, or on”;

b

in paragraph (aa)(ii) omit the words from “and is not” to “75th birthday,”.