The National Health Service Pension Scheme Regulations 2015

Right to apply for acceptance of transfer value payment

141.—(1) An active member (M) may apply for a transfer value payment to be accepted from—

(a) an appropriate registered occupational pension;

(b) a registered personal pension scheme;

(c) a registered buy-out policy;

(d) a corresponding scheme.

(2) Paragraph (1) does not apply to M’s rights—

(a) under a free-standing AVC scheme to which paragraph (3) applies; or

(b) that are directly attributable to a pension credit.

(3) This paragraph applies to—

(a) a scheme which—

(i) immediately before 6th April 2006 was approved by the Commissioners for Her Majesty’s Revenue and Customs by virtue of section 591(2)(h) of the Income and Corporation Taxes Act 1988(1) (free-standing AVC schemes); and

(ii) became a registered scheme for the purposes of the 2004 Act by virtue of Schedule 36 to that Act; or

(b) a scheme established on or after that date as a registered free-standing AVC scheme.

(4) An appropriate registered occupational pension scheme is a registered occupational pension scheme which is not—

(a) a connected scheme;

(b) a corresponding 1995 scheme; or

(c) a corresponding 2008 scheme.

(5) In paragraph (1), “buy-out policy” means a policy of insurance or annuity contract that is appropriate for the purposes of section 19 of the 1993 Act(2) (extinguishment of liability of scheme for pensions secured by insurance policies or annuity contracts).

(6) In paragraph (4)—

“a corresponding 1995 scheme” is a superannuation scheme provided under section 10 of the Superannuation Act 1972(3) and having effect in Scotland or a superannuation scheme provided under Article 12 of the Superannuation (Northern Ireland) Order 1972(4), the provisions of which the Secretary of State has determined correspond to the provisions of the 1995 Regulations; and

“a corresponding 2008 scheme” is a superannuation scheme provided under section 10 of the Superannuation Act 1972 and having effect in Scotland or a superannuation scheme provided under Article 12 of the Superannuation (Northern Ireland) Order 1972, the provisions of which the Secretary of State has determined correspond to the provisions of the 2008 Regulations.

(1)

Section 591 was repealed by section 326 of, and Part 3 of Schedule 42 to, the Finance Act 2004 (c.12) on 6th April 2006.

(2)

Section 19 has been amended by S.I. 2001/3649, 2005/2050 and 2007/3014.

(3)

1972 c.11. Section 10 has been amended by sections 4(2) and 8(5) and (6) of the Pensions (Miscellaneous Provisions) Act 1990 (c.7), section 190 of, and paragraph 7 of Schedule 8 to, the Pension Schemes Act 1993 (c.48), section 27 of, and paragraphs 6 and 10 of Schedule 8 to, the Public Service Pensions Act 2013 (c.25) and article 108 of S.I. 2001/3649. Functions under section 10 in relation to Scotland were transferred to the Scottish Ministers by article 2 and Schedule 1 of S.I. 1999/1750.

(4)

S.I. 1972/1073 (N.I. 10).