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- Pwynt Penodol mewn Amser (23/06/2014)
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Civil Partnership Act 2004, Paragraph 19D is up to date with all changes known to be in force on or before 30 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F119D(1)A pension compensation sharing order may not be made in relation to rights to PPF compensation that—
(a)are the subject of pension attachment,
(b)derive from rights under a pension scheme that were the subject of pension sharing between the civil partners,
(c)are the subject of pension compensation attachment, or
(d)are or have been the subject of pension compensation sharing between the civil partners.
(2)For the purposes of sub-paragraph (1)(a), rights to PPF compensation “are the subject of pension attachment” if any of the following three conditions is met.
(3)The first condition is that—
(a)the rights derive from rights under a pension scheme in relation to which an order was made under Part 1 imposing a requirement by virtue of paragraph 25(2), and
(b)that order, as modified under paragraph 31, remains in force.
(4)The second condition is that—
(a)the rights derive from rights under a pension scheme in relation to which an order was made under Part 1 imposing a requirement by virtue of paragraph 25(5), and
(b)that order—
(i)has been complied with, or
(ii)has not been complied with and, as modified under paragraph 32, remains in force.
(5)The third condition is that—
(a)the rights derive from rights under a pension scheme in relation to which an order was made under Part 1 imposing a requirement by virtue of paragraph 26, and
(b)that order remains in force.
(6)For the purposes of sub-paragraph (1)(b), rights under a pension scheme “were the subject of pension sharing between the civil partners” if the rights were at any time the subject of a pension sharing order in relation to the civil partnership or a previous civil partnership between the same parties.
(7)For the purposes of sub-paragraph (1)(c), rights to PPF compensation “are the subject of pension compensation attachment” if there is in force a requirement imposed by virtue of Part 6 relating to them.
(8)For the purposes of sub-paragraph (1)(d), rights to PPF compensation “are or have been the subject of pension compensation sharing between the civil partners” if they are or have ever been the subject of a pension compensation sharing order in relation to the civil partnership or a previous civil partnership between the same parties.]
Textual Amendments
F1Sch. 5 Pt. 4A inserted (6.3.2011 for specified purposes otherwise 6.4.2011) by Pensions Act 2008 (c. 30), ss. 120, 149, Sch. 6 para. 15; S.I. 2011/664, art. 2(2)(3), Sch.
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