The Postal Services Act 2011 (Taxation) Regulations 2012

Transitional provision in relation to serious ill-health lump sums and pension protection lump sum death benefits to continue after the Accrued Rights Transfer

15.—(1) Paragraphs (3) and (5) apply where—

(a) the Accrued Rights Transfer has taken place; and

(b) the requirements in paragraph (2) are met.

(2) The requirements are that, in relation to article 33(2) (serious ill-health lump sums, pension protection lump sum death benefits and annuity protection lump sum death benefits) of the Transitional Provisions Order—

(a) condition A was met in respect of an individual in relation to the RMPP immediately before the Accrued Rights Transfer; and

(b) condition B had been met in respect of that individual in relation to the RMPP.

(3) Article 33(3) (modification of paragraph 4(2) of Schedule 29(1) (serious ill-health lump sum)) of the Transitional Provisions Order is to be treated as applying to the new public scheme subject to the modification in paragraph (4).

(4) A pension paid by the new public scheme is to be treated as a relevant existing pension, as defined by paragraph 10(2) of Schedule 36, if it would have been a relevant existing pension had it been paid by the RMPP.

(5) Article 33(4) (modification of paragraph 14(3) of Schedule 29(2) (pension protection lump sum death benefit)) of the Transitional Provisions Order is to be treated as applying to the new public scheme as if it provided as follows—

“(4) In paragraph 14(3) of Schedule 29 (pension protection lump sum death benefit)—

(a) for the definition of “AC” substitute—

“AC is the value of the individual’s pre-commencement pension rights under the RMPP as defined in paragraph 20(3) and (5) of Schedule 36”,

(b) for the definition of “AP” substitute—

“AP is the aggregate of the amounts of pension paid—

(a) under the RMPP in respect of the period before the Accrued Rights Transfer, and

(b) under the new public scheme in respect of the period on and after the day on which the Accrued Rights Transfer takes place,

between 6th April 2006 and the member’s death.”, and

(c) for the definition of TPLS substitute—

“TPLS is the total amount of pension protection lump sum death benefit previously paid in respect of the pension paid under—

(a) the RMPP in respect of the period before the Accrued Rights Transfer, and

(b) the new public scheme in respect of the period on and after the day on which the Accrued Rights Transfer takes place.””.

(1)

Paragraph 4 was amended by paragraphs 23 and 28 of Schedule 16 to the Finance Act 2011.

(2)

Paragraph 14 was amended by paragraphs 32 and 34 of Schedule 16 to the Finance Act 2011.