47 Shareable state scheme rights.E+W+S
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(1)Pension sharing is available under this Chapter in relation to a person’s shareable state scheme rights.
[(1A)For the purposes of this Chapter, a person's shareable state scheme rights are—
(a)the person's shareable old state scheme rights;
(b)the person's shareable new state scheme rights.]
(2)For the purposes of this Chapter, a person’s shareable [old] state scheme rights are—
(a)his entitlement, or prospective entitlement, to a Category A retirement pension by virtue of section 44(3)(b) of the Contributions and Benefits Act (... additional pension), and
(b)his entitlement, or prospective entitlement, to a pension under section 55A [or 55AA] of that Act (shared additional pension).
[(3)For the purposes of this Chapter, a person's shareable new state scheme rights are the person's entitlement, or prospective entitlement, to the excess amount in a state pension under section 4 of the Pensions Act 2014.
(4)“The excess amount”, in relation to a state pension under section 4 of the Pensions Act 2014, means any amount by which the rate of the pension exceeds the full rate of the state pension (see section 3 of that Act).
(5)In determining the rate of a state pension under section 4 of the Pensions Act 2014 for the purposes of this Chapter, ignore Schedule 6 to that Act (reduced rate elections: effect on rate of section 4 pension).]
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