PART 5ANNUAL AND INITIAL PAYMENTS
Annual payments17
F51
F26Schedules 2, 3 and 4 make provision for the determination of the amount of annual payments to be paid to, or in respect of, qualifying members of qualifying pension schemes including provision for a cap to be imposed on such amounts.
2
Except where paragraph (3)F12, (3A) or (3C) or regulation 17C applies F9or where the qualifying member is receiving an ill health payment under regulation 17A(1) or an interim ill health payment under regulation 17B(2), a qualifying member of a qualifying pension scheme shall be entitled to an annual payment F25... from—
a
14th May 2004; or
b
the day on which the qualifying member attains F7normal retirement age,
whichever is the later.
3
F10Except where the qualifying member is receiving F13a payment under paragraph (3C) or an ill health payment under regulation 17A(1) or an interim ill health payment under regulation 17B(2) F14or an annual payment under regulation 17C, where the scheme manager is satisfied that a qualifying member is terminally ill F1..., that member shall be entitled to an annual payment F25... from the day on which the scheme manager is first notified that that member may be terminally ill.
F63A
Where a person is regarded as a qualifying member under regulation 15(5)—
a
that member shall be entitled to an annual payment F25... from—
i
14th May 2004; or
ii
the date on which he became entitled to a present payment from the qualifying pension scheme;
whichever is the later; and
b
F23... instalments of the annual payment which would have been payable to that member shall cease to be payable from the date on which that member would have ceased to be entitled to the payment referred to in regulation 15(5)(a) in accordance with the rules of the qualifying pension scheme.
3B
Where the date referred to in paragraph (3A)(b) cannot be determined from the rules of the qualifying pension scheme, the date on which annual payments shall cease to be payable shall be such date as the scheme manager shall determine having regard to the rules of that scheme and to such other information as F16it considers relevant.
F153C
Except where regulation 17C applies, a qualifying member shall be entitled to an annual payment F25... where—
a
that member makes a written request for such a payment;
b
the member is—
i
not receiving any payments under these Regulations; or
ii
receiving only payments for a survivor by virtue of paragraph (4), regulation 17A(3), 17B(2)(b) or 18(4); and
c
the scheme manager is satisfied that the member meets the conditions in paragraph (3D).
3D
The conditions in this paragraph are that the qualifying member—
a
has attained the age of 55;
b
suffers from a progressive disease and as a consequence—
i
cannot reasonably be expected to die within six months; and
ii
can reasonably be expected to die within five years;
c
is unable to work due to ill health and is likely to continue to be so unable to work until normal retirement age; and
d
is not regarded as a qualifying member by virtue of regulation 15(5).
3E
The date from which a qualifying member is entitled to an annual payment under paragraph (3C) is the date on which the scheme manager receives the written request mentioned in paragraph (3C)(a).
4
F11Except where regulation 17A(3) applies F20and subject to paragraph (4C), a survivor of a qualifying member of a qualifying pension scheme shall be entitled to an annual payment F25... from—
a
14th May 2004; or
b
the day after the day on which that qualifying member died,
whichever is the later.
F174A
Except where regulation 17A(3) applies and subject to paragraph (4C), a surviving dependant of a qualifying member of a qualifying pension scheme shall be entitled to an annual payment F25... from—
a
14th May 2004;
b
the day after the day on which that qualifying member died; or
c
where a surviving dependant is an unborn child on the day on which the qualifying member died, the day on which that surviving dependant is born,
whichever is the latest.
4B
An annual payment payable to a surviving dependant under paragraph (4A) shall continue, subject to paragraph (5B), until the surviving dependant—
a
where neither sub-paragraph (b) nor (c) applies, attains the age of 18;
b
where the surviving dependant is attending a qualifying course—
i
attains the age of 23; or
ii
leaves the qualifying course,
whichever is the earlier; or
c
where the surviving dependant is incapable of engaging in full time paid employment due to having a disability within the meaning of the Disability Discrimination Act 1995, attains the age of 23.
4C
A survivor or surviving dependant of a person who is regarded as a qualifying member under regulation 15(5) is not entitled to an annual payment as a survivor or surviving dependant of that qualifying member.
4D
Where an annual payment ceases to be payable to a surviving dependant as a result of paragraph (4B)(a) or (b)(ii) and the surviving dependant subsequently—
a
attends a qualifying course; or
b
becomes incapable of engaging in full time paid employment due to having a disability within the meaning of the Disability Discrimination Act 1995,
before attaining the age of 23, that surviving dependant shall be entitled to an annual payment F25... from the day on which the scheme manager is satisfied that the surviving dependant satisfies sub-paragraph (a) or (b) until a day determined in accordance with paragraph (4B).
5
The year in respect of which the annual payment is to be made shall be the year starting on the day on which F22an instalment of the annual payment or, as the case may be, an initial payment, is first payable to a beneficiary by virtue of regulation 19 and in respect of subsequent years, on each anniversary of that day.
F45A
In determining the amount of annual payment that is payable to, or in respect of, a beneficiary F27entitled to an annual payment in accordance with Schedule 2 for any previous year or years (“arrears payable”)—
a
the total of all F24... instalments of an initial payment that have been made to, or in respect of, the beneficiary for any previous year or years is to be deducted from the amount of arrears payable to that beneficiary; and
b
if the total of all such F24... instalments is greater than that amount of arrears payable—
i
the amount to be paid in respect of arrears payable is nil, and
ii
the difference between that total and the amount of arrears payable is recoverable from the beneficiary in accordance with regulation 7 of the FAS Information and Payments Regulations (recovery of overpayments).
F215B
Where a beneficiary dies or otherwise ceases to be entitled to an annual payment—
a
subject to sub-paragraph (b), any further instalments of an annual payment that would have been payable to that beneficiary, in respect of that year, cease to be payable;
b
any instalment of an annual payment which is payable in respect of a period which includes the day on which the beneficiary has died or otherwise ceased to be entitled to an annual payment shall be payable.
6
F37
Paragraphs 7 and 8 of Schedule 2 provide for the circumstances in which an annual payment is not payable under this Part.
F288
Subject to paragraphs (16) and (17), and until such time, if any, as regulation 17E applies, where a beneficiary is entitled to an annual payment in accordance with this regulation, that annual payment shall be determined in accordance with—
a
Schedule 2, where none of sub-paragraphs (b) to (k) nor paragraph (16) or (17) applies;
b
Schedule 3, where—
i
a transfer notice has been given in respect of the qualifying pension scheme;
ii
the beneficiary is a qualifying member who was not receiving a present payment from the qualifying pension scheme under scheme rules before the coming into force of the Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010; and
iii
the sum of—
aa
the revalued notional pension in relation to the qualifying member; and
bb
the total amount of any annual increases which the scheme manager considers could have been paid from the relevant date until the day on which the transfer notice is given, taking into account the determination under regulation 27(1)(d) and the revaluation amount determined in accordance with paragraph (11),
is higher than the amount of the annual payment to which that qualifying member would be entitled in accordance with Schedule 2 if that Schedule applied and sub-paragraphs (3A) to (3G) of paragraph 2 of that Schedule were omitted;
c
Schedule 3, where—
i
a transfer notice has been given in respect of the qualifying pension scheme;
ii
the beneficiary is a survivor or surviving dependant; and
iii
the qualifying member in respect of the beneficiary was entitled to an annual payment in accordance with Schedule 3 immediately before the death of the member;
d
Schedule 3, where—
i
a transfer notice has been given in respect of the qualifying pension scheme;
ii
the beneficiary is a survivor or surviving dependant;
iii
the qualifying member in respect of the beneficiary was not receiving a present payment from the qualifying pension scheme under scheme rules before the coming into force of the Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010;
iv
the qualifying member died—
aa
before becoming entitled to an annual payment; and
bb
on or after the calculation date; and
v
the sum of—
aa
one half of the revalued notional pension in relation to the qualifying member;
bb
one half of the total amount of any annual increases which the scheme manager considers could have been paid from the relevant date until the date on which the qualifying member died, taking into account the determination under regulation 27(1)(d) and the revaluation amount determined in accordance with paragraph (11); and
cc
the total amount of any annual increases which the scheme manager considers could have been paid to a survivor from the day after the day on which the qualifying member died until the day on which the transfer notice is given, taking into account the determination under regulation 27(1)(d) and the revaluation amount determined in accordance with paragraph (11),
is higher than the amount of the annual payment to which a survivor would be entitled in accordance with Schedule 2 if that Schedule applied and paragraphs 2(3A) to (3G) and 5(6A) of that Schedule were omitted;
e
Schedule 3, where—
i
a transfer notice has been given in respect of the qualifying pension scheme;
ii
the beneficiary is a survivor or surviving dependant;
iii
the qualifying member in respect of the beneficiary was not receiving a present payment from the qualifying pension scheme under scheme rules before the coming into force of the Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010;
iv
the qualifying member died—
aa
after becoming entitled to an annual payment; and
bb
on or after the calculation date,
but before the day on which the transfer notice was given;
v
the sum of—
aa
one half of the revalued notional pension in relation to the qualifying member;
bb
one half of the total amount of any annual increases which the scheme manager considers could have been paid from the relevant date until the date on which the qualifying member died, taking into account the determination under regulation 27(1)(d) and the revaluation amount determined in accordance with paragraph (11); and
cc
the total amount of any annual increases which the scheme manager considers could have been paid to a survivor from the day after the day on which the qualifying member died until day on which the transfer notice is given, taking into account the determination under regulation 27(1)(d) and the revaluation amount determined in accordance with paragraph (11),
is higher than the amount of the annual payment to which a survivor would be entitled in accordance with Schedule 2 if that Schedule applied and paragraphs 2(3A) to (3G) and 5(6A) of that Schedule were omitted;
f
Schedule 3, where—
i
a transfer notice has been given in respect of the qualifying pension scheme;
ii
the beneficiary is a survivor or surviving dependant;
iii
neither the qualifying member in respect of the beneficiary nor the beneficiary was receiving a present payment from the qualifying pension scheme under scheme rules before the coming into force of the Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010;
iv
the qualifying member died before the calculation date; and
v
the sum of—
aa
the survivor notional pension determined in respect of the beneficiary; and
bb
the total amount of any annual increases which the scheme manager has determined under regulation 27 could be paid on the survivor notional pension from the relevant date until the day on which the transfer notice is given,
is higher than the amount of the annual payment to which the beneficiary would be entitled in accordance with Schedule 2 if that Schedule applied and paragraph 2(3A) to (3G) of that Schedule were omitted;
g
Schedule 4, where—
i
a transfer notice has been given in respect of the qualifying pension scheme;
ii
the beneficiary is a qualifying member who was receiving a present payment from the qualifying pension scheme under scheme rules before the coming into force of the Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010; and
iii
the sum of—
aa
the notional pension in relation to that qualifying member; and
bb
the total amount of any annual increases which the scheme manager has determined under regulation 27 could be paid on the notional pension from the relevant date until the day on which the transfer notice is given,
is higher than the amount of the annual payment to which the beneficiary would be entitled in accordance with Schedule 2 if that Schedule applied and paragraph 2(3A) to (3E) of that Schedule were omitted;
h
Schedule 4, where—
i
a transfer notice has been given in respect of the qualifying pension scheme;
ii
the beneficiary is a survivor or surviving dependant;
iii
the qualifying member in respect of the beneficiary—
aa
was receiving a present payment from the qualifying pension scheme under scheme rules before the coming into force of the Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010; and
bb
died before the calculation date; and
iv
the sum of—
aa
the survivor notional pension determined in respect of the beneficiary; and
bb
the total amount of any annual increases which the scheme manager has determined under regulation 27 could be paid on the survivor notional pension from the relevant date until the day on which the transfer notice is given,
is higher than the amount of the annual payment to which the beneficiary would be entitled in accordance with Schedule 2 if that Schedule applied and paragraph 2(3A) to (3E) of that Schedule were omitted;
i
Schedule 4, where—
i
a transfer notice has been given in respect of the qualifying pension scheme;
ii
the beneficiary is a survivor or surviving dependant who was receiving a present payment from the qualifying pension scheme under scheme rules as a result of the death of a qualifying member before the coming into force of the Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010; and
iii
the sum of—
aa
the survivor notional pension determined in respect of the beneficiary; and
bb
the total amount of any annual increases which the scheme manager has determined under regulation 27 could be paid on the survivor notional pension from the relevant date until the day on which the transfer notice is given,
is higher than the amount of the annual payment to which the beneficiary would be entitled in accordance with Schedule 2 if that Schedule applied and paragraph 2(3A) to (3E) of that Schedule were omitted;
j
Schedule 4, where—
i
a transfer notice has been given in respect of the qualifying pension scheme;
ii
the beneficiary is a survivor or surviving dependant;
iii
the qualifying member in respect of the beneficiary—
aa
was receiving a present payment from the qualifying pension scheme under scheme rules before the coming into force of the Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010; and
bb
died on or after the calculation date, but before the day on which the transfer notice was given; and
iv
the sum of—
aa
the proportion of the notional pension which relates to the beneficiary;
bb
the relevant proportion of the total amount of any annual increases which the scheme manager has determined under regulation 27 could be paid on the notional pension from the relevant date until the date on which the qualifying member died; and
cc
the total amount of any annual increases which the scheme manager has determined under regulation 27 could be paid on the relevant proportion of the notional pension from the day after the qualifying member died until the day on which the transfer notice is given,
is higher than the amount of the annual payment to which the beneficiary would be entitled in accordance with Schedule 2 if that Schedule applied and paragraph 2(3A) to (3E) of that Schedule were omitted; or
k
Schedule 4, where—
i
a transfer notice has been given in respect of the qualifying pension scheme;
ii
the beneficiary is a survivor or surviving dependant;
iii
the qualifying member in respect of the beneficiary—
aa
was receiving a present payment from the qualifying pension scheme under scheme rules before the coming into force of the Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010; and
bb
died on or after the day on which the transfer notice was given; and
iv
the sum of—
aa
the proportion of the notional pension which relates to the beneficiary;
bb
the relevant proportion of the total amount of any annual increases which the scheme manager has determined under regulation 27 could be paid on the notional pension from the relevant date until the day on which the transfer notice was given; and
cc
the relevant proportion of the total amount of any annual increases to which the qualifying member was entitled on the day on which the qualifying member died,
is higher than the amount of the annual payment to which the beneficiary would be entitled in accordance with Schedule 2 if that Schedule applied and paragraph 2(3A) to (3E) of that Schedule were omitted.
9
For the purposes of paragraphs (8), (16) and (17)—
a
a qualifying member is treated as receiving a present payment from a pension scheme before the coming into force of the Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010, notwithstanding that no payment has been received, if, prior to the coming into force of those Regulations—
i
the qualifying member was entitled to a payment under the scheme rules; and
ii
the trustees or managers of the scheme received confirmation from the qualifying member that payment should commence; and
iii
the qualifying member’s entitlement became payable, as a result of paragraphs (i) and (ii) being satisfied.
b
a survivor or surviving dependant is treated as receiving a present payment from a pension scheme before the coming into force of the Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010, notwithstanding that no payment has been received, if, prior to the coming into force of those Regulations, the beneficiary was entitled to ongoing payments as a result of the death of the qualifying member.
10
In paragraph (8)(b)(iii), (d)(v) and (e)(v), “the revalued notional pension” means the aggregate of—
a
the notional pension; and
b
the revaluation amount for the period—
i
beginning on the calculation date; and
ii
ending on the earliest of—
aa
the day on which the beneficiary becomes entitled to an annual payment;
bb
the day on which the beneficiary began to receive a present payment from the scheme; F29...
cc
the day on which the qualifying member died;F30or
F30dd
30th March 2011, provided that the calculation date falls before 30th March 2011; and
F30c
in any case where the calculation date falls on or before 30th March 2011 and the day determined in accordance with paragraphs (i) to (iii) falls after 30th March 2011, the revaluation amount for the period beginning on 31st March 2011 and ending on—
i
the day on which the beneficiary became entitled to an annual payment;
ii
the day on which the beneficiary began to receive a present payment from the scheme; or
iii
the day on which the qualifying member died,
whichever is the earliest.
11
The revaluation amount for F31the period referred to in paragraph (10)(b), or, where sub-paragraph (c) applies, the periods referred to in paragraph (10)(b) and (c) is—
a
where—
F32i
the period—
aa
referred to in paragraph (10)(b) where sub-paragraph (c) does not apply; or
bb
covered by both periods referred to in paragraph (10)(b) and (c) where sub-paragraph (c) applies,
is less than one month; or
ii
the qualifying member became entitled to an annual payment or began to receive present payment from the scheme prior to the calculation date,
nil; and
b
in any other case, the revaluation percentage of the notional pension.
12
In paragraph (11), “the revaluation percentage” means the lesser of—
a
b
the maximum revaluation rate.
F3513
Subject to paragraph (13A), the method for determining the percentage increase in the general level of prices during the revaluation periods determined in accordance with paragraph (10)(b) and (c) is—
where—
- a
A is the general level of prices for the month which falls two months before the month in which the last day of the revaluation period falls; and
- b
B is the general level of prices for the month which falls two months before the month in which the first day of the revaluation period falls.
F3613A
Where the entire period determined in accordance with paragraph (10)(b) falls before 31st March 2011, the method for determining the percentage increase in the general level of prices during that period is—
where—
- a
A is the level of the retail prices index for the month which falls two months before the month in which the last day of the revaluation period falls; and
- b
B is the level of the retail prices index for the month which falls two months before the month in which the calculation date falls.
14
In paragraph (12)(b), “the maximum revaluation rate” is—
F37a
if the period covered by the period or periods mentioned in paragraph (12)(a) is a period of 12 months, 5%; or
b
in any other case, the percentage that would be the percentage mentioned in paragraph (12)(a) had the general level of pricesF38, whether determined in accordance with paragraph (13) or (13A), increased at the rate of 5% compound per annum during that period.
15
In paragraph (8), “relevant date” means—
a
where the beneficiary began to receive a payment from the scheme after the calculation date and prior to becoming entitled to an annual payment under these Regulations, the date on which the beneficiary began to receive a present payment from the scheme;
b
where the beneficiary is a qualifying member to whom sub-paragraph (a) does not apply, but to whom paragraph (3) or (3C) applies, the date on which the qualifying member became entitled to an annual payment under that paragraph; and
c
in all other cases, the date from which the notional pension or survivor notional pension could have been payable as determined in accordance with regulation 27(3) and (4).
16
Where a qualifying member entitled to an annual payment in accordance with this regulation is a qualifying member to whom regulation 17H applied, the annual payment shall be determined in accordance with—
a
Schedule 3, where—
i
the qualifying member was not receiving a present payment from the qualifying pension scheme under scheme rules before the coming into force of the Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010; and
ii
the payment which was payable to the qualifying member under Schedule 7, taking into account any reduction made to that payment under paragraph 1(2) or (5) of that Schedule, immediately before the qualifying member became entitled to an annual payment under this regulation is higher than the amount of the annual payment to which the qualifying member would be entitled in accordance with Schedule 2 if that Schedule applied; and
b
Schedule 4, where—
i
the qualifying member was receiving a present payment from the qualifying pension scheme under scheme rules before the coming into force of the Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010; and
ii
the payment which was payable to the qualifying member under Schedule 7, taking into account any reduction made to that payment under paragraph 1(2) or (5) of that Schedule, immediately before the qualifying member became entitled to an annual payment under this regulation is higher than the amount of the annual payment to which the member would be entitled in accordance with Schedule 2 if that Schedule applied.
17
Where a beneficiary is entitled to an annual payment in accordance with this regulation because they are the survivor or surviving dependant of a qualifying member to whom, immediately before the qualifying member’s death, regulation 17H applied, the annual payment shall be determined in accordance with—
a
Schedule 3, where—
i
the qualifying member was not receiving a present payment from the qualifying pension scheme under scheme rules before the coming into force of the Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010; and
ii
one half of the payment which was payable to the qualifying member under Schedule 7, disregarding any reduction made to that payment under paragraph 1(2) or (5) of that Schedule, on the day on which the qualifying member died is higher than the amount of the annual payment to which a survivor would be entitled in accordance with Schedule 2 if that Schedule applied and paragraph 5(6A) of that Schedule were omitted; and
b
Schedule 4, where—
i
the qualifying member was receiving a present payment from the qualifying pension scheme under scheme rules before the coming into force of the Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010; and
ii
the relevant proportion of the payment which was payable to the qualifying member in accordance with Schedule 7, disregarding any reduction made to that payment under paragraph 1(2) or (5) of that Schedule, on the day on which the qualifying member died is higher than the amount of the annual payment to which the beneficiary would be entitled in accordance with Schedule 2 if that Schedule applied.
18
In paragraph (8) and paragraph (17), “relevant proportion” means the proportion of the notional pension which relates to the beneficiary.