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The Pension Sharing (Valuation) Regulations 2000
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- UK Statutory Instruments
- 2000 No. 1052
- Regulation 2
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Rights under a pension arrangement which are not shareable
2.—(1) Rights under a pension arrangement which are not shareable are—
(a)subject to paragraph (2), any rights accrued between 1961 and 1975 which relate to contracted-out equivalent pension benefit within the meaning of section 57 of the National Insurance Act 1965 M1 (equivalent pension benefits, etc.);
(b)any rights in respect of which a person is in receipt of—
(i)a pension;
(ii)an annuity; [F1or]
F2(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F3(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 2004,]
by virtue of being the widow, widower[F4, surviving civil partner[F5, nominee, successor]] or other dependant of a deceased person with pension rights under a pension arrangement; F6...
[F7(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 2004;
(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 2004;]
[F8(c)any rights which will result in the payment of a benefit which is to be provided solely by reason of the—
(i)disablement, or
(ii)death,
due to an accident suffered by a person occurring during his pensionable service[F9; 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) if pensionable service were to be terminated.]
(2) Paragraph (1)(a) applies only when those rights are the only rights held by a person under a pension arrangement.
Textual Amendments
F1Word in reg. 2(1)(b)(ii) added (6.4.2012) by The Pensions Act 2007 (Abolition of Contracting-out for Defined Contribution Pension Schemes) (Consequential Amendments) Regulations 2011 (S.I. 2011/1245), regs. 1(2), 12(a)
F2Reg. 2(1)(b)(iii) omitted (6.4.2012) by virtue of The Pensions Act 2007 (Abolition of Contracting-out for Defined Contribution Pension Schemes) (Consequential Amendments) Regulations 2011 (S.I. 2011/1245), regs. 1(2), 12(b)
F3Reg. 2(1)(b)(iv) substituted (6.4.2016) by The Pension Sharing (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/289), regs. 1(2), 4(3)(a)(i)
F4Words in reg. 2(1)(b) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 1 para. 3 (with art. 3)
F5Words in reg. 2(1)(b) inserted (6.4.2016) by The Pension Sharing (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/289), regs. 1(2), 4(3)(a)(ii)
F6Word in reg. 2(1)(b) omitted (6.4.2016) by virtue of The Pension Sharing (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/289), regs. 1(2), 4(3)(a)(iii)
F7Reg. 2(1)(ba) inserted (6.4.2016) by The Pension Sharing (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/289), regs. 1(2), 4(3)(b)
F8Reg. 2(1)(c) substituted (6.4.2006) by Taxation of Pension Schemes (Consequential Amendments of Occupational and Personal Pension Schemes Legislation) Order 2006 (S.I. 2006/744), art. 1, art. 16(3)(b)
F9Reg. 2(1)(d) and word inserted (6.4.2016) by The Pension Sharing (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/289), regs. 1(2), 4(3)(c)
Marginal Citations
M11965 c. 51. Section 57 is continued in force by virtue of regulation 3 of S.I. 1974/2057.
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