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Pension Schemes Act 1993, Section 28A is up to date with all changes known to be in force on or before 19 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)An interim arrangement must provide for payments to be made to the member, and, where subsection (2) applies, to the member’s widow or widower, throughout the interim period, at intervals not exceeding twelve months.
(2)This subsection applies where the member dies during the interim period and is survived by a widow or widower who at the date of the member’s death has not yet attained the age of 75 years.
(3)The aggregate amount of payments made to a person under an interim arrangement in each successive period of twelve months must not be—
(a)greater than the annual amount of the annuity which would have been purchasable by him on the relevant reference date, or
(b)less than the prescribed percentage of that amount.
(4)The percentage prescribed under subsection (3)(b) may be zero.
(5)For the purposes of this section—
(a)the annual amount of the annuity which would have been purchasable by a person on any date shall be calculated in the prescribed manner by reference to—
(i)the value on that date, determined by or on behalf of the trustees or managers of the scheme, of the person’s protected rights, and
(ii)the current published tables of rates of annuities prepared in the prescribed manner by the Government Actuary for the purposes of this section, and
(b)the relevant reference date is—
(i)in relation to payments made to the member during the three years beginning with the member’s starting date, that date, and in relation to such payments made during each succeeding period of three years, the first day of the period of three years in question, or
(ii)where subsection (2) applies, in relation to payments made to the member’s widow or widower during the three years beginning with the date of the member’s death, that date, and in relation to such payments made during each succeeding period of three years, the first day of the period of three years in question.]
Textual Amendments
F1Ss. 28A, 28B inserted (13.3.1996 for specified purposes, 1.4.1996 in so far as not already in force) by Pensions Act 1995 (c. 26), ss. 143, 180(1); S.I. 1996/778, art. 2(2), Sch. Pt. 2
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