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Finance Act 2004

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167Pension death benefit rules

(1)These are the rules relating to the payment of pension death benefits by a registered pension scheme in respect of a member of the pension scheme (“the pension death benefit rules”).

  • Pension death benefit rule 1

    No payment of pension death benefit may be made otherwise than to a dependant of the member.

  • Pension death benefit rule 2

    No payment of pension death benefit other than a dependants' scheme pension may be made in respect of a defined benefits arrangement.

  • Pension death benefit rule 3

    If a dependant has not reached the age of 75, no payment of pension death benefit to the dependant other than—

    (a)

    a dependants' scheme pension,

    (b)

    a dependants' annuity, or

    (c)

    dependants' unsecured pension,

    may be made to the dependant in respect of a money purchase arrangement; but a dependants' scheme pension may only be paid if the member or dependant had an opportunity to select a dependants' annuity instead.

  • Pension death benefit rule 4

    The total amount of dependants' unsecured pension paid to a dependant in each unsecured pension year in respect of a money purchase arrangement must not exceed 120% of the basis amount for the unsecured pension year.

  • Pension death benefit rule 5

    If a dependant has reached the age of 75, no payment of pension other than—

    (a)

    a dependants' scheme pension,

    (b)

    a dependants' annuity, or

    (c)

    dependants' alternatively secured pension,

    may be made to the dependant in respect of a money purchase arrangement; but a dependants' scheme pension may only be paid if the member or dependant had an opportunity to select a dependants' annuity instead.

  • Pension death benefit rule 6

    The total amount of dependants' alternatively secured pension paid to a dependant in each alternatively secured pension year in respect of a money purchase arrangement must not exceed 70% of the basis amount for the alternatively secured pension year.

(2)“Pension death benefit” means a pension payable on the death of the member (other than a member’s pension payable after the member’s death under pension rule 2: see section 165).

(3)Part 2 of Schedule 28 gives the meaning of expressions used in the pension death benefit rules.

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