The Occupational Pension Schemes (Discharge of Liability) Regulations 1997

Further conditions on which liability may be discharged

6.—(1) The conditions referred to in section 19(5)(c)(ii) of the 1993 Act (further conditions on which liability may be discharged) are that the requirements of one or more of paragraphs (2) to (5) are satisfied.

(2) The requirements of this paragraph are satisfied if—

(a) the earner is dead and benefit is payable to a person other than his widow or her widower; and

(b) the arrangement for securing the benefit by means of the policy or contract was made at the written request of the person entitled to it, or with the consent of that person given in writing in the form set out in Schedule 1 to these Regulations.

(3) The requirements of this paragraph are satisfied if the benefit is provided as an alternative to short service benefit by virtue of a provision that conforms with the requirements of regulation 9(4) of the Occupational Pension Schemes (Preservation of Benefit) Regulations 1991 (bought out benefits without consent)(1).

(4) In a case where an occupational pension scheme is being wound up and sections 73 and 74 of the 1995 Act and regulations made under those sections do not apply, the requirements of this paragraph are satisfied if the earner is able to assign or surrender the policy of insurance or annuity contract and the conditions specified in regulation 3 are satisfied.

(5) The requirements of this paragraph are satisfied if the conditions set out in sub-paragraphs (a) and (b) are satisfied, namely—

(a) the benefit concerned includes a guaranteed minimum pension that is payable to the earner’s widow or widower;

(b) the trustees—

(i) give the widow or widower at least 30 days written notice (“the notice”) of their intention to take out the insurance policy or enter into the annuity contract, and

(ii) send the notice to the widow or widower at her or his last known address or deliver the notice to the widow or widower personally.

(1)

S.I. 1991/167; relevant amending instruments are 1994/1062, 1995/3067 and 1996/2131.