PART 9Interest and the payment, reduction or waiver of liabilities
Payments of amounts owed to the scheme 66.
(1)
This regulation applies where a person (“P”) owes a net liability to the scheme after taking into account regulation 65.
(2)
The scheme manager must send a notice in writing to P that the net liability must be paid.
(3)
P must pay the amount of the net liability to the scheme manager—
(a)
on or before a date determined by the scheme manager as being reasonable after having regard to all the circumstances of the case, or
(b)
in accordance with an agreement under paragraph (4).
(4)
P and the scheme manager may agree that the net liability is paid in part or in full—
(a)
by instalments;
(b)
by way of deductions from any benefits (including a lump sum benefit) to which P is entitled under the legacy scheme or the 2015 scheme; or
(c)
by a combination of (a) and (b).
(5)
But where the net liability includes amounts owed as a consequence of an election under regulation 8(1) and P is not a pensioner member, the scheme manager may not agree that the net liability is paid in part or in full accordance with paragraph (4)(b) or (c).
(6)
P and the scheme manager may agree to vary an agreement made in accordance with paragraph (4).
(7)
Where P does not pay the amount that P is required to pay under paragraph (3), the scheme manager may, after providing notice in writing to P, deduct such sums from benefits payable to P from the legacy scheme or the 2015 scheme as the scheme manager considers reasonable for the purpose of discharging P’s liability.