Part IIISchemes that were contracted-out etc and Effects on Members’ State Scheme Rights ...

Chapter IIReduction in social security benefits for members of schemes that were contracted-out

Effect of entitlement to guaranteed minimum pensions on payment of social security benefits

47 Further provisions concerning entitlement to guaranteed minimum pensions for the purposes of s. 46.

(1)

The reference in section 46(1) to a person entitled to a guaranteed minimum pension shall be construed as including a reference to a person so entitled by virtue of being the widower F1, surviving same sex spouse F2or surviving civil partner of an earner F3in any case where he is entitled to a benefit other than a widowed parent’s allowance F4... only if—

F5(a)

he is also entitled to a Category B retirement pension by virtue of the earner’s contributions (or would be so entitled but for section 43(1) of the Social Security Contributions and Benefits Act 1992); or

(b)

he is also entitled to a Category A retirement pension by virtue of F6section 41(5) of F6that Act.

(2)

For the purposes of section 46 a person shall be treated as entitled to any guaranteed minimum pension to which he would have been entitled—

(a)

if its commencement had not been postponed, as mentioned in section 13(4); or

(b)

if there had not been made a transfer payment or transfer under regulations made by virtue of section 20 as a result of which—

(i)

he is no longer entitled to guaranteed minimum pensions under the scheme by which the transfer payment or transfer was made, and

(ii)

he has not become entitled to guaranteed minimum pensions under the scheme to which the transfer payment or transfer was made.

(3)

Where—

(a)

guaranteed minimum pensions provided for a member or the member’s F7widow, widower or surviving civil partner under a contracted-out scheme have been wholly or partly secured as mentioned in subsection (3) of section 19; and

(b)

either—

(i)

the transaction wholly or partly securing them was carried out before 1st January 1986 and discharged the trustees or managers of the scheme as mentioned in subsection (1) of that section; or

(ii)

it was carried out on or after that date without any of the requirements specified in subsection (5)(a) to (c) of that section being satisfied in relation to it and the scheme has been wound up; and

(c)

any company with which any relevant policy of insurance or annuity contract was taken out or entered into is unable to meet the liabilities under policies issued or securities given by it; and

(d)

the combined proceeds of—

(i)

any relevant policies and annuity contracts, and

(ii)

any cash sums paid or alternative arrangements made under the F8Financial Services Compensation Scheme,

are inadequate to provide the whole of the amount secured,

the member and the member’s F7widow, widower or surviving civil partner shall be treated for the purposes of section 46 as only entitled to such part (if any) of the member’s or, as the case may be, the member’s F9widow's, widower’s or surviving civil partner's guaranteed minimum pension as is provided by the proceeds mentioned in paragraph (d).

(4)

A policy or annuity is relevant for the purposes of subsection (3) if taking it out or entering into it constituted the transaction to which section 19 applies.

(5)

For the purposes of section 46 a person shall be treated as entitled to any guaranteed minimum pension to which he would have been entitled—

(a)

if a lump sum had not been paid instead of that pension under provisions included in a scheme by virtue of section 21(1); or

(b)

if that pension had not been forfeited under provisions included in a scheme by virtue of section 21(2).

F10(6)

For the purposes of section 46, a person shall be treated as entitled to any guaranteed minimum pension to which he would have been entitled but for F11section 14(2A) and any reduction under section 15A.

F12(7)

For the purposes of section 46, a person shall be treated as entitled to any guaranteed minimum pension to which he would have been entitled but for any order under section 342A of the Insolvency Act 1986 (recovery of excessive pension contributions) or under section F13101 of the Bankruptcy (Scotland) Act 2016.

F14(8)

For the purposes of section 46, a person shall be treated as entitled to a guaranteed minimum pension to which he would have been entitled but for the fact that the trustees or managers were discharged from their liability to provide that pension on the Board of the Pension Protection Fund assuming responsibility for the scheme.

F15(9)

For the purposes of section 46, a person shall be treated as entitled to a guaranteed minimum pension to which, in the opinion of the Commissioners for Her Majesty's Revenue and Customs, he would have been entitled but for the F16amendment of a scheme so that it no longer contains the guaranteed minimum pension rulesF16GMP conversion (within the meaning given by section 24A(1)) in relation to the person.

(10)

Where the earner's accrued rights have been transferred after the amendment of the scheme, in making the calculation under subsection (9) the Commissioners shall assume the application of section 16(1) after the transfer.

(11)

In making the calculation under subsection (9) the Commissioners shall ignore any effect of the scheme being wound up.