The Contracting-out (Transfer and Transfer Payment) Regulations 1996

[F1Transfers in respect of section 9(2B) rights in the case of a regulated apportionment arrangement or where an assessment period has commenced

11A.—(1) This regulation applies in relation to [F2a salary-related scheme] where—

(a)there is an assessment period in relation to the scheme; or

(b)a regulated apportionment arrangement has been entered into in relation to the scheme.

(2) A transfer of liability for, or a transfer payment in respect of, the payment of pensions deriving from section 9(2B) rights to or in respect of a person who has become entitled to them may be made from an occupational pension scheme to which this regulation applies (“the transferring scheme”) to an occupational pension scheme which is not an overseas scheme or overseas arrangement (“the receiving scheme”) if the person to whom the pension is payable—

(a)consents to the transfer in writing;

(b)acknowledges in writing to the transferring scheme the receipt of a statement showing the benefits to be awarded in respect of the transfer; and

(c)acknowledges in writing to the transferring scheme the person’s acceptance that—

(i)the benefits to be provided by the receiving scheme may be in a different form and of a different amount to those which would have been provided by the transferring scheme; and

(ii)there is no statutory requirement on the receiving scheme to provide for survivor’s benefits in relation to the transfer.]

Textual Amendments