The Financial Assistance Scheme Regulations 2005

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Qualifying members receiving pensions from the qualifying pension schemeU.K.

This section has no associated Explanatory Memorandum

[F13.—(1) This paragraph applies to—

(a)a member or former member of a qualifying scheme who—

(i)is a qualifying member under regulation 15(1), and

(ii)was entitled to present payment of a pension under the scheme rules [F2on the day before the day on which the qualifying pension scheme began to be wound up]; and

(b)a person who is regarded as a qualifying member under regulation 15(5).]

[F3(2) The annual payment payable to a qualifying member to whom this paragraph applies shall be—

F4 .]

[F5(3) Subject to sub-paragraphs (4) and (5) and paragraphs 4A and 4B, in this paragraph “expected pension” means—

(a)the annual rate of the pension which was or should have been in payment to the qualifying member in accordance with the scheme rules in respect of rights accrued in a qualifying pension scheme as at the day before the day on which the qualifying pension scheme began to be wound up; or

(b)[F6except where paragraph (c) applies,] where the day on which the qualifying pension scheme began to be wound up is earlier than 14 May 2004, the aggregate of—

(i)the annual rate of the pension which was or should have been in payment to the qualifying member in accordance with the scheme rules in respect of rights accrued in a qualifying pension scheme as at the day on which the qualifying pension scheme began to be wound up; and

(ii)the revaluation amount for the period beginning on the day on which the qualifying pension scheme began to be wound up and ending on 14 May 2004][F7; or]

[F7(c)where the qualifying member attains normal retirement age after 14th May 2004, the aggregate of—

(i)the annual rate of pension which was or should have been in payment to the qualifying member in accordance with scheme rules in respect of rights accrued in a qualifying pension scheme as at the day on which the qualifying pension scheme began to be wound up; and

[F8(ii)where the qualifying member attains normal retirement age before 31st March 2011, the revaluation amount for the period beginning on the day on which the qualifying pension scheme began to be wound up and ending on the day on which the qualifying member attains normal retirement age; and

(iii)where the qualifying member attains normal retirement age on or after 31st March 2011, the sum of—

(aa)the revaluation amount for the period beginning on the day on which the qualifying pension scheme began to be wound up and ending on 30th March 2011; and

(bb)the revaluation amount for the period beginning on 31st March 2011 and ending on the day on which the qualifying member attains normal retirement age.]]

[F5(3A) In sub-paragraph (3)(b)(ii) F9..., the revaluation amount is—

(a)where that period is less than one month, nil; or

(b)in any other case, the revaluation percentage of the amount of the annual rate of pension under sub-paragraph (3)(b)(i) F10....

[F11(3AA) In sub-paragraph (3)(c)(ii) and (iii), the revaluation amount is—

(a)where the period—

(i)determined in accordance with sub-paragraph (3)(c)(ii), where it applies; or

(ii)covered by the periods determined in accordance with paragraphs (aa) and (bb) of sub-paragraph (3)(c)(iii), where that sub-paragraph applies,

is less than one month, nil; or

(b)in any other case, the revaluation percentage of the amount of the annual rate of pension under sub-paragraph (3)(c)(i).]

(3B) In [F12sub-paragraphs (3A) and (3AA)], “the revaluation percentage” means the lesser of—

(a)the percentage increase in the general level of prices F13... during the revaluation period determined in accordance with sub-paragraph (3)(b)(ii) [F14or (c)(ii) or (iii)]; and

(b)the maximum revaluation rate.

(3C) The method for determining the percentage increase in the general level of prices F13... during the revaluation period determined in accordance with sub-paragraph (3)(b)(ii) is—

where—

A is the level of the retail prices index for March 2004; and

B is the level of the retail prices index for the month two months before the month during which the relevant qualifying pension scheme began to be wound up.

[F15(3ZD) The method for determining the percentage increase in the general level of prices F13... during the revaluation [F16periods] determined in accordance with sub-paragraph (3)(c)(ii) [F17and (iii)(aa)] is—

where—

A is the level of the retail prices index for the month which falls two months before the month [F18in which the last day of that revaluation period falls]; and

B is the level of the retail prices index for the month which falls two months before the month during which the relevant qualifying pension scheme began to be wound up.]

[F19(3ZDA) The method for determining the percentage increase in the general level of prices during the revaluation period determined in accordance with sub-paragraph (3)(c)(iii)(bb) is—

where—

A is the general level of prices for the month which falls two months before the month during which the qualifying member attains normal retirement age; and

B is the general level of prices for January 2011.]

(3D) In sub-paragraph (3B)(b), “the maximum revaluation rate” in relation to the revaluation period [F20or periods] is—

[F21(a)if the period or periods mentioned in sub-paragraph (3)(c) together form a period of 12 months, 5%; or]

(b)in any other case, the percentage that would be the percentage mentioned in sub-paragraph (3B)(a) had the general level of prices F13... increased at the rate of 5% compound per annum during [F22those periods].]

[F23(4) Where the scheme manager is satisfied that it is not possible for [F24it] to determine the annual rate of the pension for the purposes of sub-paragraph (3) having regard to all the information available to [F24it], [F25it] shall determine that annual rate, having regard to such matters as [F25it] considers relevant.]

[F26(5) Where—

(a)the annual rate of the pension determined for the purposes of calculating the expected pension under sub-paragraph (2) includes an amount which, under the rules of the qualifying pension scheme, was payable for a period which is shorter than the period in respect of which the remainder of the pension was payable; and

(b)the liabilities of the scheme in respect of the beneficiary have been discharged (whether by the purchase of an annuity or by other means) in a manner which does not provide for a reduction in the annual rate of an annuity from the date on which the amount referred to in paragraph (a) would have ceased to be payable under the rules of the pension scheme,

the scheme manager shall determine the expected pension having regard to the expected pension which would have been determined in accordance with paragraph 4A if that paragraph had applied and to such other matters as it considers relevant.]

Textual Amendments

F1Sch. 2 para. 3(1) substituted (19.12.2007) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3581), regs. 1(1), 7(4)(a)

F2Words in Sch. 2 para. 3(1)(a)(ii) substituted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 22(a) (with reg. 37)

F3Sch. 2 para. 3(2) substituted (19.12.2007) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3581), regs. 1(1), 7(4)(b)

F4Word in Sch. 2 substituted (4.6.2008) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2008 (S.I. 2008/1432), regs. 1, 7(2) (with reg. 8)

F5Sch. 2 para. 3(3)-(3D) substituted for Sch. 2 para. 3(3) (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 22(b) (with reg. 37)

F6Words in Sch. 2 para. 3(3)(b) inserted (2.4.2010) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/1149), regs. 1, 16(c)(i)

F7Sch. 2 para. 3(3)(c) and word inserted (2.4.2010) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/1149), regs. 1, 16(c)(ii)

F8Sch. 2 para. 3(3)(c)(ii)(iii) substituted for Sch. 2 para. 3(3)(c)(ii) (31.3.2011) by The Financial Assistance Scheme (Revaluation and Indexation Amendments) Regulations 2011 (S.I. 2011/839), regs. 1(1), 6(b)

F9Words in Sch. 2 para. 3(3A) omitted (31.3.2011) by virtue of The Financial Assistance Scheme (Revaluation and Indexation Amendments) Regulations 2011 (S.I. 2011/839), regs. 1(1), 6(c)(i)

F10Words in Sch. 2 para. 3(3A)(b) omitted (31.3.2011) by virtue of The Financial Assistance Scheme (Revaluation and Indexation Amendments) Regulations 2011 (S.I. 2011/839), regs. 1(1), 6(c)(ii)

F11Sch. 2 para. 3(3AA) inserted (31.3.2011) by The Financial Assistance Scheme (Revaluation and Indexation Amendments) Regulations 2011 (S.I. 2011/839), regs. 1(1), 6(d)