The Pension Protection Fund (Pension Compensation Sharing and Attachment on Divorce etc) Regulations 2011

[^c2076237]: Sections 25B and 25C were inserted by section 166(1) of the Pensions Act 1995(c.26). Section 25B was amended by paragraph 1 of Schedule 4 to the Welfare Reform and Pensions Act 1999 and is modified, in cases where the Board becomes involved with or assumes responsibility for a scheme, by S.I. 2006/1932. Section 25C was amended by paragraph 2 of Schedule 4 to that Act.

[^c2076238]: 2004 c.33.

[^c2076239]: Section 25F was inserted by paragraph 7 of Schedule 6 to the Pensions Act 2008 (c. 30).

[^c2076240]: Paragraph 34A of Part 7 of Schedule 5 was inserted by paragraph 17(3) of Schedule 6 to the Pensions Act 2008 (c.30).

[^c2076241]: S.I. 1978/1045 (N.I. 15). Article 25 was amended by Article 5 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (S.I. 1989/677 (N.I. 4)).

[^c2076242]: Articles 27B and 27C were inserted by Article 162(1) of the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)). Article 27B was amended by paragraph 1 of Schedule 4 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) and is modified, in cases where the Board becomes involved with or assumes responsibility for a scheme, by S.R. 2006 No. 310. Article 27C was amended by paragraph 2 of Schedule 4 to S.I. 1999/3147 (N.I. 11).

[^c2076243]: Part 5 was amended by paragraph 75(1) and (3) of Schedule 18 to S.I. 2010/976.

[^c2076244]: Article 27F was inserted by paragraph 7 of Schedule 5 to the Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13 (N.I.)).

[^c2076245]: Paragraph 29A was inserted by paragraph 17(3) of Schedule 5 to the Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13 (N.I.).

[^c2076246]: Section 12A was inserted by section 167(3) of the Pensions Act 1995. Section 12A(2) was amended by section 84 of and paragraphs 5, 9(1) and 9(3) of Schedule 12 to the Welfare Reform and Pensions Act 1999 (c. 30), section 261(2) of and paragraph 19(1) and (3) of Schedule 28 to the Civil Partnership Act 2004 (c. 33), and section 45(1) of and paragraph 5(1) and (2) of Schedule 2 to the Family Law (Scotland) Act 2006 (asp 2). Subsection 12A(3) was amended by section 84 of and paragraphs 5, 9(1) and 9(4) of Schedule 12 to the Welfare Reform and Pensions Act 1999, and section 261(2) of and paragraph 19(1) and (4) of Schedule 28 to the Civil Partnership Act 2004. Section 12B was inserted by paragraph 6 of Schedule 7 to the Pensions Act 2008.

[^c2076247]: 1980 c.46. Section 41 was amended by paragraph 19 of Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73) and paragraphs 1 and 13 of Schedule 1 to the Solicitors (Scotland) Act 1988 (c. 42).

[^c2076248]: 1973 c. 18. Section 23 was amended by section 16 of the Administration of Justice Act 1982 (c. 53).

[^c2076249]: Section 25F was inserted by paragraph 7 of Part 1 of Schedule 6 to the Pensions Act 2008 (c. 30).

[^c2076250]: 2004 c. 33.

[^c2076251]: Paragraph 34A of Part 7 of Schedule 5 was inserted by paragraph 17(3) of Part 3 of Schedule 6 to the Pensions Act 2008 (c.30).

[^c2076252]: Article 27F was inserted by paragraph 7 of Part 1 of Schedule 5 to the Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13 (N.I.).

[^c2076253]: Paragraph 29A of Part 6 of Schedule 15 was inserted by paragraph 17(3) of Part 3 of Schedule 5 to the Pensions (No. 2) Act (Northern Ireland) 2008.

[^c2076254]: 1985 c. 37. Section 12B was inserted by paragraph 6 of Schedule 7 to the Pensions Act 2008 (c.30).

[^c2076255]: 2010 c.15.

[^c2076258]: 2004 c. 12.

[^c2076259]: Schedule 9 was amended by S.I.2005/600 and 2113, S.I 2006/685, S.I. 2007/771 and S.I. 2010/560. It was also modified in relation to partially guaranteed schemes by S.I 2005/600 and for transitional purposes by S.I. 2005 /1720.

[^c2076261]: S.I. No. 2005/669.

[^c2076262]: Paragraph 16B was inserted by S.I. 2006/685.

[^key-214842262d6d18c9e7acecb06cddf28f]: Words in reg. 29(5) substituted (18.11.2024 for the tax year 2024-25 and subsequent tax years) by The Pensions (Abolition of Lifetime Allowance Charge etc) (No. 2) Regulations 2024 (S.I. 2024/1012), regs. 1(2)(3), 28(b)

[^key-6d5897b8ae745cb13663243d12f3cb2b]: Words in reg. 29(6)(a)(i) omitted (18.11.2024 for the tax year 2024-25 and subsequent tax years) by virtue of The Pensions (Abolition of Lifetime Allowance Charge etc) (No. 2) Regulations 2024 (S.I. 2024/1012), regs. 1(2)(3), 28(c)

[^key-70c01eb0cb8b6241a424a61d996eb99a]: Reg. 29(8)(b) omitted (18.11.2024 for the tax year 2024-25 and subsequent tax years) by virtue of The Pensions (Abolition of Lifetime Allowance Charge etc) (No. 2) Regulations 2024 (S.I. 2024/1012), regs. 1(2)(3), 28(d)

[^key-91a74c4bcf24462c25b708b4aee3c52b]: Words in reg. 1(2) substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 93

[^key-9cd5171692fdc30683063c1bb898ab8f]: Words in reg. 29(2)(c) substituted (18.11.2024 for the tax year 2024-25 and subsequent tax years) by The Pensions (Abolition of Lifetime Allowance Charge etc) (No. 2) Regulations 2024 (S.I. 2024/1012), regs. 1(2)(3), 28(a)

[^key-ad612f7379972d5da1a65404fd17603b]: Pt. 10A inserted (30.4.2013) by The Pension Protection Fund, Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/627), regs. 1(1), 6(2)

PART 10A — Postponement of compensation

Postponing compensation

31A

A person who becomes entitled to periodic compensation under paragraph 4 or 6 (compensation payable to transferee) of Schedule 5 to the Act may elect to postpone the commencement of periodic compensation under that paragraph—

• (a) in any of the circumstances prescribed in regulation 31B; and

• (b) subject to all of the conditions prescribed in regulation 31C.

Circumstances in which periodic compensation can be postponed

31B

• (1) The circumstances referred to in regulation 31A(a) are as follows.

• (2) The first circumstance is where the person has not attained pension compensation age on the transfer day.

• (3) The second circumstance is where, on the transfer day, the person—

• (a) has attained pension compensation age; and

• (b) is not in receipt of periodic compensation in respect of the pension compensation credit.

Conditions subject to which periodic compensation can be postponed

31C

• (1) The conditions referred to in regulation 31A(b) are as follows.

• (2) The first condition is that the person on and from the transfer day is not and has not been in receipt of any periodic compensation or lump sum compensation payment in respect of the pension compensation credit.

• (3) The second condition is that for each election to postpone, the person must have sent a written notice to the Board in accordance with paragraph (4) that they wish to postpone periodic compensation, before the person receives payment in respect of the pension compensation credit.

• (4) The notice referred to in paragraph (3) must include—

• (a) the person’s name, address, date of birth and national insurance number;

• (b) the name of the scheme for which the Board has assumed responsibility; and

• (c) the date on which the person would like the commencement of periodic compensation to cease to be postponed, which must be a date before the person attains the age of 75.

Date on which postponement ceases

31D

• (1) Periodic compensation ceases to be postponed on the date elected in regulation 31C(4)(c) unless the person has further elected an earlier date or a later date (which must be a date before the person attains the age of 75).

• (2) A person who wishes to make a further election under this regulation must send a written notice to the Board before the date notified (or most recently notified) under regulation 31C(4)(c).

• (3) The notice referred to in paragraph (2) must include the information set out in regulation 31C(4).