C1C3C2 PART IIITHE BOARD OF THE PENSION PROTECTION FUND

Annotations:
Modifications etc. (not altering text)

C3CHAPTER 3PENSION PROTECTION

Assumption of responsibility for a scheme

Duty to pay scheme benefits unpaid at assessment date etc.I1150

1 F1

F2This Article applies where the Board assumes responsibility for a scheme in accordance with this Chapter.

2

Subject to paragraph (4), the Board must pay any amount by way of pensions or other benefits which a person had become entitled to payment of under the scheme rules before the assessment date but which remained unpaid at the time the transfer notice was received by the trustees or managers of the scheme.

3

If, immediately before the assessment date, the person is entitled to the amount but has postponed payment of it, paragraph (2) does not apply.

4

Paragraph (2) does not apply in relation to the amount of—

a

any transfer payment, or

b

any payment in respect of a refund of contributions.

5

Regulations may provide that, in prescribed circumstances, where—

a F1

a member of the scheme died before the commencement of the assessment period, and

b

during the period beginning with the assessment date and ending with the receipt by the trustees or managers of the transfer notice, a person became entitled under the scheme rules to a benefit of a prescribed description in respect of the member,

that person's entitlement to the benefit, or to any part of it, is, for the purposes of paragraph (2), to be treated as having arisen before the assessment date.

6 F1

Regulations may make provision requiring the Board, in such circumstances as may be prescribed, to take such steps (including making payments) as may be prescribed in respect of rights of prescribed descriptions to which members of the scheme were entitled immediately before the commencement of the assessment period.

7

For the purposes of regulations made under paragraph (6)—

a

this Chapter (other than this paragraph), and

b

the scheme rules (including any relevant legislative provision within the meaning of Article 2(4)),

are to have effect subject to such modifications as may be prescribed.

8

In this Article “assessment date” is to be construed in accordance with Schedule 6.