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Finance Act 2004, Section 213H is up to date with all changes known to be in force on or before 10 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)The pension savings amount in respect of a cash balance arrangement is the appropriate increase.
(2)The appropriate increase is—
where—
ACR is the amount of the closing rights (see subsection (3)), adjusted in accordance with section 213I,
CARARF is the factor which is the appropriate age-related factor (see section 213L) in relation to the closing rights,
UOR is the amount of the opening rights (see subsection (4)), uprated in accordance with section 213M, and
OARARF is the factor which is the appropriate age-related factor (see section 213L) in relation to the opening rights.
(3)The amount of the closing rights is the amount which would, on the relevant assumptions, be available for the provision of benefits to or in respect of the individual under the arrangement if the individual became entitled to the benefits at the end of the tax year.
(4)The amount of the opening rights is the amount which would, on the relevant assumptions, be available for the provision of benefits to or in respect of the individual under the arrangement if the individual became entitled to the benefits at the end of the preceding tax year.
(5)If, during the tax year, minimum payments are made under—
(a)section 8 of the Pension Schemes Act 1993, or
(b)section 4 of the Pension Schemes (Northern Ireland) Act 1993,
in relation to the individual in connection with a cash balance arrangement, the amount is to be subtracted from what would otherwise be the pension savings amount in the case of the individual in respect of the arrangement.
(6)If during the tax year the individual becomes entitled to a serious ill-health lump sum under the arrangement or dies, the pension savings amount in the case of the individual in respect of the arrangement is nil.
(7)In this section and section 213J “the relevant assumptions” means—
(a)the valuation assumptions (see section 277) as modified by regulations made by the Treasury, and
(b)such other assumptions as the Treasury may by regulations prescribe.]
Textual Amendments
F1Ss. 213A-213P and cross-heading inserted (with effect for tax year 2011-12 and subsequent tax years in accordance with Sch. 2 para. 5 of the amending Act) by Finance Act 2010 (c. 13), Sch. 2 para. 2; which insertion fell without ever having effect as a result of the repeal (10.12.2010) of the affecting provision by The Finance Act 2010, Section 23 and Schedule 2 (High Income Excess Relief Charge) (Repeal) Order 2010 (S.I. 2010/2938), arts. 1, 2
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