2.—(1) A payment is an authorised surplus payment if it satisfies either paragraph (2) or (3).
(2) A payment satisfies this paragraph if it is made in compliance with the requirements contained in section 37 (payment of surplus to employer) of the 1995 Act(1).
This paragraph is subject to paragraph (4).
(3) A payment satisfies this paragraph if—
(a)it is made in connection with the winding up of an occupational pension scheme and
(b)the scheme making it satisfies the requirements set out in section 76 (excess assets on winding up) of the 1995 Act(2).
This paragraph is subject to paragraph (4).
(4) A payment made by an occupational pension scheme to a sponsoring employer, solely in respect of the death of a member is an authorised surplus payment if it satisfies the conditions in paragraphs (2) or (3) and—
(a)in a case where the deceased member’s fund was an alternatively secured pension fund, it satisfies conditions A and B, and
(b)in other cases, it satisfies condition B.
The scheme administrator has been unable to identify any dependants of the deceased member.
The member was not connected to the sponsoring employer at the date of his death.
(5) For the purposes of this regulation and regulation 3 a member is connected to a sponsoring employer if—
(a)the employer is a partnership and he is connected with—
(i)a partner in the partnership, or
(ii)a person who has been a partner in the partnership at any time during the preceding year, or
(b)the employer is a company and the member, or a person connected with him, is, or at any time during the preceding year has been, a controlling director of the company.
For the purposes of paragraph (5) any question whether a person is connected with another shall be determined in accordance with section 839(2) of the 1988 Act.
Section 37 was amended by section 250 of the Pensions Act 2004 (c. 35).
Section 76 is amended by paragraph 62 of Schedule 12 to the Pensions Act 2004 (c. 35).