SCHEDULES

SCHEDULE 28Inheritance of tax-relieved pension savings

Section 91

Amendments of Part 4 of FA 2004

1

Part 4 of FA 2004 (pension schemes etc) is amended as follows.

2

1

Section 172 (assignment) is amended as follows.

2

In subsection (3)—

a

in paragraph (a), for “an actual or” substitute “ a ”, and

b

in paragraph (b), for “the member” substitute “ a member of the pension scheme ”.

3

After subsection (6) insert—

6A

References in this section to a benefit to which the member or a person has an entitlement under the pension scheme includes rights to payments under—

a

a scheme pension or dependants' scheme pension provided by the scheme administrator or as a result of the application of sums or assets held for the purposes of the pension scheme, or

b

a lifetime annuity or dependants' annuity purchased by the application of sums or assets held for the purposes of the pension scheme.

3

1

Section 172A (surrender) is amended as follows.

2

In subsection (1), at the end of paragraph (a) (but before the “or”) insert—

aa

any rights to payments under a lifetime annuity or dependants' annuity purchased by the application of sums or assets held for the purposes of the pension scheme,

3

In subsection (3)(a), for “relating to” substitute “ in respect of ”.

4

In subsection (5), after paragraph (c) insert—

ca

a surrender of (or agreement to surrender) rights to payments under an annuity in any case covered by regulations under paragraph 3(2B) or 17(3) of Schedule 28;

5

After subsection (9) insert—

9A

References in this section to a benefit to which the member or a person has an entitlement under the pension scheme includes rights to payments under—

a

a scheme pension or dependants' scheme pension provided by the scheme administrator or as a result of the application of sums or assets held for the purposes of the pension scheme, or

b

a lifetime annuity or dependants' annuity purchased by the application of sums or assets held for the purposes of the pension scheme.

4

1

Section 172B (increase in rights of connected person on death) is amended as follows.

2

In subsection (2), at the end of paragraph (a) (but before the “or”) insert—

aa

rights to payments under a scheme pension or dependants' scheme pension provided by the scheme administrator or as a result of the application of sums or assets held for the purposes of the pension scheme or under a lifetime annuity or dependants' annuity purchased by the application of sums or assets held for the purposes of the pension scheme,

3

In subsections (3)(a) and (7)(b), for “is actually or prospectively entitled” substitute “ has an actual or prospective entitlement ”.

4

In subsection (7)—

a

omit paragraph (a) (including the “and” at the end), and

b

in paragraph (b), for “them” substitute “ at least 20 members of the pension scheme ”.

5

After subsection (7) insert—

7A

This section does not apply if—

a

the increase mentioned in subsection (1)(a) is an increase in the rate of a dependants' annuity or dependants' scheme pension or in rights representing a dependants' unsecured pension fund or dependants' alternatively secured pension fund, and

b

the increase is attributable to rights of the dead member to payments under a dependants' annuity or dependants' scheme pension or rights representing a dependants' unsecured pension fund.

7B

References in this section to a benefit to which the member or a person has an entitlement under the pension scheme includes rights to payments under—

a

a scheme pension or dependants' scheme pension provided by the scheme administrator or as a result of the application of sums or assets held for the purposes of the pension scheme, or

b

a lifetime annuity or dependants' annuity purchased by the application of sums or assets held for the purposes of the pension scheme.

5

In paragraph 16(2) of Schedule 28 (dependants' scheme pension), after “pension” insert “ for the purposes of this Part ”.

Amendments of IHTA 1984

F16

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F17

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F18

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F19

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F110

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F111

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F112

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F113

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F114

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Commencement

15

1

The amendments made by paragraph 2 have effect in relation to assignments or agreements to assign made on or after 10 October 2007.

2

The amendments made by paragraph 3 have effect in relation to surrenders and agreements to surrender made on or after that date.

3

The amendments made by paragraphs 4, 7(2), 8, 10 and 11 to 14 have effect in relation to deaths occurring on or after 6 April 2008.