Basic information about pensions on divorce

2.—(1) The requirements imposed on a person responsible for a pension arrangement for the purposes of Article 21(1)(a) (supply of pension information in connection with divorce etc.) are that he shall furnish—

(a)on request from a member, the information referred to in paragraphs (2) and (3)(b) to (f);

(b)on request from the spouse of a member, the information referred to in paragraph (3), or

(c)pursuant to an order of the court, the information referred to in paragraph (2), (3) or (4),

to the member, the spouse of the member or, as the case may be, to the court.

(2) The information in this paragraph is a valuation of pension rights or benefits accrued under that member’s pension arrangement.

(3) The information in this paragraph is—

(a)a statement that on request from the member, or pursuant to an order of the court, a valuation of pension rights or benefits accrued under that member’s pension arrangement, will be provided to the member, or, as the case might be, to the court;

(b)a statement summarising the way in which the valuation referred to in paragraph (2) and sub-paragraph (a) is calculated;

(c)the pension benefits which are included in the valuation referred to in paragraph (2) and sub-paragraph (a);

(d)whether the person responsible for the pension arrangement offers membership to a person entitled to a pension credit, and if so, the types of benefits available to pension credit members under that arrangement;

(e)whether the person responsible for the pension arrangement intends to discharge his liability for a pension credit other than by offering membership to a person entitled to a pension credit, and

(f)the schedule of charges which the person responsible for the pension arrangement will levy in accordance with regulation 2(2) of the Charging Regulations (general requirements as to charges).

(4) The information in this paragraph is any other information relevant to any power with respect to the matters specified in Article 21(1)(a) and which is not specified in Schedule 1 or 2 to the Occupational Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 1997(1) (basic information about the scheme and information to be made available to individuals), or in Schedule 1 or 2 to the Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 1987(2) (basic information about the scheme and information to be made available to individuals) in a case where either of those Regulations applies.

(5) Where the member’s request for, or the court order for the provision of, information includes a request for, or an order for the provision of, a valuation, under paragraph (2), the person responsible for the pension arrangement shall furnish all the information requested, or ordered, to the member—

(a)within 3 months beginning with the date the person responsible for the pension arrangement receives that request or order for the provision of the information, or

(b)within 6 weeks beginning with the date the person responsible for the pension arrangement receives the request, or order, for the provision of the information, if the member has notified that person on the date of the request or order that the information is needed in connection with proceedings commenced under any of the provisions referred to in Article 21(1)(a), or

(c)within such shorter period specified by the court in an order requiring the person responsible for the pension arrangement to provide a valuation in accordance with paragraph (2).

(6) Where—

(a)the member’s request for, or the court order for the provision of, information does not include a request or an order for a valuation under paragraph (2), or

(b)the member’s spouse requests the information specified in paragraph (3),

the person responsible for the pension arrangement shall furnish that information to the member, his spouse, or the court, as the case may be, within one month beginning with the date that person receives the request for, or the court order for the provision of, the information.

(7) At the same time as furnishing the information referred to in paragraph (1), the person responsible for a pension arrangement may furnish the information specified in regulation 4(2) (provision of information in response to a notification that a pension sharing order or provision may be made).

(1)

S.R. 1997 No. 98; relevant amending regulations are S.R. 1997 No. 160 and S.R. 1999 No. 486