The Dissolution etc (Pensions) Regulations 2005

Pension attachment: transfer of rights

7.—(1) This regulation applies where—

(a) a transfer of rights has taken place in the circumstances set out in sub-paragraphs (a) and (b) of paragraph 27 of Schedule 5;

(b) notice has been given in accordance with regulation 4(2)(a) and (b);

(c) any of the events set out in regulation 6(2) has occurred; and

(d) the other civil partner has not, before receiving notice under regulation 4(2)(b), given notice of that event to the person responsible for the first arrangement under regulation 6(3).

(2) Where this regulation applies, the other civil partner must, within 14 days of the event, give notice of it to the person responsible for the new arrangement.

(3) Where, because of the inaccuracy of the particulars supplied by the other civil partner under rule 2.70 for any purpose mentioned in regulation 4(3)(c) or because the other civil partner has failed to give notice of their having ceased to be accurate, it is not reasonably practicable for the person responsible for the new arrangement to make a payment to the other civil partner as required by the order—

(a) it may instead make that payment to the civil partner with pension rights, and

(b) it shall then be discharged of liability to the other civil partner to the extent of that payment.

(4) Subject to paragraph (5), where this regulation applies and the other civil partner, within one year from the transfer, gives to the person responsible for the first arrangement notice of the event set out in regulation 6(2) in purported compliance with regulation 7(2), the person responsible for the first arrangement must—

(a) send that notice to the person responsible for the new arrangement, and

(b) give the other civil partner a second notice under regulation 4(2)(b);

and the other civil partner shall be deemed to have given notice under regulation 7(2) to the person responsible for the new arrangement.

(5) Upon complying with paragraph (4), the person responsible for the first arrangement shall be discharged from any further obligation under regulation 4 or 7(4), whether in relation to the event in question or any further event set out in regulation 6(2) which may be notified to it by the other civil partner.