C1C2C4Part I Occupational pensions
Pt. I applied (with modifications) (6.4.1997) by The Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/786), reg. 2
Pt. I: Pensions Act 2004 (c.35), Pt. 3 construed as one with Pt. I of this Act (4.12.2005 for specified purposes, 30.12.2005 in so far as not already in force) by Pensions Act 2004 (c. 35), ss. 233, 322(1) (with s. 313); S.I. 2005/3331, art. 2(1)(a)(b), Sch. Pt. 1
Indexation
C351ZBF1Meaning of “cash balance benefit”
1
For the purposes of section 51(7)(a), a pension provided to or in respect of a member of an occupational pension scheme is a “cash balance benefit” if conditions 1 and 2 are met.
2
Condition 1 is that the rate of the pension is calculated by reference to a sum of money (“the available sum”) which is available under the scheme for the provision of benefits to or in respect of the member.
3
Condition 2 is that under the scheme—
a
there is a promise about the amount of the available sum, but
b
there is no promise about the rate or amount of the benefits to be provided.
4
The promise mentioned in subsection (3)(a) includes in particular a promise about the change in the value of, or the return from, payments made under the scheme by the member or by any other person in respect of the member.
5
The promise mentioned in subsection (3)(b) includes a promise that—
a
the amount of the available sum will be sufficient to provide benefits of a particular rate or amount;
b
the rate or amount of a benefit will represent a particular proportion of the available sum.
6
But a pension is not prevented from being a cash balance benefit merely because under the scheme there is a promise that—
a
the rate or amount of a benefit payable in respect of a deceased member will be a particular proportion of the rate or amount of a benefit which was (or would have been) payable to the member;
b
the amount of a lump sum payable to a member, or in respect of a deceased member, will represent a particular proportion of the available sum.
Pt. I modified (6.4.1997) by The Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/786), regs. 1, 2