Initial paymentsU.K.
10. The preceding provisions of this Schedule shall apply for the purposes of determining the amount of an initial payment with the following modifications—
(a)for paragraph 2, substitute—
[F1“Interim pension
2.—(1) In this Schedule, “interim pension” means, subject to sub-paragraphs (2) and (3), the annual rate of pension that was in payment, is in payment, or is proposed to be paid, to a qualifying member, or to a survivor of that qualifying member, from the assets of the qualifying pension scheme of which that qualifying member is, or was, a member—
(a)on or after the time when the scheme began to wind up; but
(b)before the day on which the scheme’s liabilities to or in respect of the qualifying member are, or were, discharged.
(2) Where—
(a)the annual rate of pension referred to in sub-paragraph (1)—
(i)was or is in payment, and
(ii)was determined following commutation of some of the benefits deriving from the scheme to which that qualifying member is entitled,
that annual rate shall be redetermined on the basis that there was no such communication; and
(b)the annual rate of pension referred to in sub-paragraph (1) is proposed to be paid, that annual rate shall be determined on the basis that there has been no commutation of benefits.
(3) Where the scheme manager is satisfied that it is not possible for him to determine the annual rate of pension for the purposes of sub-paragraph (1) having regard to the information available to him, he shall determine the annual rate of pension on the basis of that portion of the assets of the qualifying pension scheme (of which the qualifying member is, or was, a member) provisionally allocated to the member by the trustees or managers, or survivor of that member—
(a)on or after the time when the scheme began to wind up; but
(b)before the day on which the scheme’s liabilities in respect of the qualifying member are, or were, discharged,
and such other matters as the scheme manager considers relevant.”];
(b)for “actual pension”, in each place, substitute “interim pension”;
(c)for “0.8”, in each place, substitute “0.6”.
[F2(ca)for “0.65”, in each place, substitute “0.5”;]
[F3(d)for “annual payment”, in each place that it occurs (except in paragraph 1(1)), substitute “initial payment”; and]
[F4(e)in paragraph 5—
(i)for sub-paragraph (3) substitute—
“(3) The initial payment payable to a survivor of a qualifying member shall be—
(a)where that qualifying member was a Group 1 qualifying member—
(b)in any other case—
(ii)omit sub-paragraphs (2) and (6).]
Textual Amendments
F1Sch. 2 para. 10(a) substituted (16.12.2006) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/3370), regs. 1(1), 7(9)(a)
F2Sch. 2 para. 10(ca) inserted (16.12.2006) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/3370), regs. 1(1), 7(9)(b)
F3Sch. 2 para. 10(d)(e) added (24.11.2005) by The Financial Assistance Scheme (Modifications and Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3256), regs. 1(1), 4(6)(e)(ii)
F4Sch. 2 para. 10(e) substituted (16.12.2006) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/3370), regs. 1(1), 7(9)(c)