2008 No. 293
The Divorce etc. (Pensions) (Scotland) Amendment Regulations 2008
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 10(8) and (8A) of the Family Law (Scotland) Act 19851 and all other powers enabling them to do so.
Citation and commencement1
These Regulations may be cited as the Divorce etc. (Pensions) (Scotland) Amendment Regulations 2008 and shall come into force on 1st October 2008.
Amendment of the Divorce etc. (Pensions) (Scotland) Regulations 20002
1
The Divorce etc. (Pensions) (Scotland) Regulations 20002 are amended as follows.
2
In regulation 2(1) (interpretation)–
a
in the appropriate alphabetical places, insert–
“normal pension age” has the meaning given in section 180 (normal pension age) of the 1993 Act;
“the Transfer Values Regulations” means the Occupational Pension Schemes (Transfer Values) Regulations 19963;
b
for the definition of “salary related occupational pension scheme”, substitute–
“salary related occupational pension scheme” has the meaning given by regulation 1A of the Transfer Values Regulations;
2
In regulation 3 (valuation)–
a
in paragraph (2)(d)–
i
for “paragraphs (7) to (9)” substitute “paragraphs (7) and (8)”;
ii
after head (iii), insert–
; or
- iv
the pension of the person with pension rights is not in payment and the person has attained normal pension age.
b
for paragraph (4)(b), substitute–
b
in accordance with regulation 11 (disclosure) of, and Schedule 1 to, the Transfer Values Regulations.
c
for paragraphs (7) to (9), substitute–
7
Cash equivalents are to be calculated and verified in accordance with regulations 7 to 7C and 7E(1) to (3) of the Transfer Values Regulations as appropriate.
8
But when calculating and verifying a cash equivalent in accordance with those regulations–
a
references to “trustees” must be read as references to “person responsible for the pension arrangement”;
b
where the person with pension rights is a pensioner member on the date on which the request for the valuation is received, the value of his pension must be calculated and verified in accordance with regulations 7 to 7E of the Transfer Values Regulations as appropriate;
c
where the person is over normal pension age but not in receipt of a pension–
i
the value of his pension must be calculated and verified in accordance with regulations 7 to 7E of the Transfer Values Regulations as appropriate; and
ii
the person responsible for the pension arrangement must assume that the pension came into payment on the date on which the request for the valuation was received; and
d
the date by reference to which the cash equivalent is to be calculated and verified is to be the date on which the request for the valuation was received.
d
in paragraph (10), for “paragraph (3), (4), (7) or (9)”, substitute “paragraph (3), (4) or (7)”.
(This note is not part of the Regulations)