SCHEDULES
C2SCHEDULE 36Pension schemes etc: transitional provisions and savings
C1Part 3Pre-commencement benefit rights
Sch. 36 Pt. 3 modified (6.4.2006) by The Pension Protection Fund (Tax) Regulations 2006 (S.I. 2006/575), regs. 1, 31(1)
Entitlement to lump sums exceeding 25% of uncrystallised rights
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1
Subject to sub-paragraph (2), the value of the individual’s uncrystallised rights under the pension scheme on 5th April 2006 is the aggregate of the value of the individual’s uncrystallised rights under each arrangement in respect of the individual under the pension scheme, calculated in accordance with paragraph 8(5).
2
If the pension scheme is a relevant pension scheme, the value of the individual’s uncrystallised rights on 5th April 2006 under an arrangement—
a
which relates to a particular employment, and
b
in relation to which the excess rights condition is met (see sub-paragraph (5) or (6)),
is the amount arrived at in accordance with sub-paragraph (7) or (8).
3
A pension scheme is a relevant pension scheme if it falls within paragraph 1(1)(a) to (d).
4
Whether an arrangement relating to the individual relates to a particular employment is to be determined in accordance with paragraph 9(6).
5
If no other arrangement relating to the individual under a relevant pension scheme relates to the employment to which the arrangement relates, the excess rights condition is met in relation to the arrangement if—
a
the value of the individual’s uncrystallised rights under the arrangement calculated in accordance with paragraph 8(5), exceeds
b
the amount arrived at in relation to the arrangement in accordance with paragraph 9(3).
6
If one or more other arrangements relating to the individual under a relevant pension scheme or relevant pension schemes relates or relate to the employment to which the arrangement relates, the excess rights condition is met in relation to the arrangement if—
a
the aggregate of the values of the individual’s uncrystallised rights under the arrangement and the other arrangement or arrangements, calculated in accordance with paragraph 8(5), exceeds
b
the amount arrived at in relation to those arrangements in accordance with paragraph 9(3);
and the amount by which the aggregate of those values exceeds that amount is the “rights excess”.
7
Where the excess rights condition is met by virtue of sub-paragraph (5), the value of the individual’s uncrystallised rights under the arrangement is the amount arrived at in accordance with paragraph 9(3).
8
Where the excess rights condition is met by virtue of sub-paragraph (6), the value of the individual’s uncrystallised rights under the arrangement is the value of those rights calculated in accordance with paragraph 8(5), less the appropriate proportion of the rights excess.
9
The appropriate proportion of the rights excess is—
where—
V is the value of the individual’s uncrystallised rights under the arrangement, calculated in accordance with paragraph 8(5), and
AV is the aggregate of the values of the individual’s uncrystallised rights under the arrangement and the other arrangement or arrangements, calculated in accordance with paragraph 8(5).
Sch. 36 modified by The Taxation of Pension Schemes (Transitional Provisions) Order 2006 (S.I. 2006/572), art. 23D (as inserted (1.6.2009) by S.I. 2009/1172, arts. 1, 3)