PART 6Retirement benefits

CHAPTER 6Allocation of part of pension

Effect of allocation election81

1

If an allocation election takes effect—

a

the member’s pension is reduced accordingly (and this reduction applies even if the beneficiary predeceases the member); and

b

if the beneficiary survives the member, on the member’s death the beneficiary becomes entitled to the payment of a pension for life (“allocated pension”) of an amount determined by the scheme manager, after consultation with the scheme actuary, having regard to—

i

the amount of retirement pension allocated under the election, and

ii

the beneficiary’s age and gender.

2

The scheme manager may withhold payment from the beneficiary if—

a

the member dies before the end of the period of 2 years beginning with the date on which the election takes effect; and

b

the scheme manager is satisfied that the member made a false declaration about the member’s state of health when making the election.

3

An allocation election in relation to a retirement pension has no effect if it would result in an allocated pension being paid—

a

on the member becoming entitled to the retirement pension, to a person who is not—

i

the member’s spouse or civil partner;

ii

financially wholly or mainly dependent on the member; or

iii

financially interdependent with the member;

b

on the death of the member, to a person who is not—

i

the member’s surviving adult; or

ii

a dependant of the member for the purposes of paragraph 15(2) or (3) of Schedule 28 (registered pension schemes: authorised pensions - supplementary) to the 2004 Act.