Statutory Instruments

2010 No. 6

Pensions

The Transfer Values (Disapplication) Regulations 2010

Made

5th January 2010

Laid before Parliament

12th January 2010

Coming into force

5th July 2010

^M1 The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 93(1B)(aa), 101F(6A), 181 and 182(2) of the Pension Schemes Act 1993 .

^M2 In accordance with section 185(1) of that Act , the Secretary of State has consulted such persons as the Secretary of State considers appropriate.

Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Transfer Values (Disapplication) Regulations 2010 and shall come into force on 5th July 2010.

(2) In these Regulations—

“ the Act ” means the Pension Schemes Act 1993 ;

“ incapacity ” means physical or mental impairment which renders a member of the Scheme incapable of carrying on any occupation, where–

(a)

that member provides evidence to the scheme administrator from a registered medical practitioner that the member is (and will continue to be) suffering from that physical or mental impairment; and

(b)

that member certifies that they have in fact ceased to carry on any occupation;

^M3 “ normal minimum pension age ” has the meaning given in section 279(1) of the Finance Act 2004 ;

“ the Scheme ” means the pension scheme established by the Secretary of State under section 67(1) of the Pensions Act 2008 ;

“ scheme administrator ” has the same meaning as in section 270 of the Finance Act 2004 ;

^M4 “ the transfer value provisions ” means [^F1 Chapter 1 of Part 4ZA ^F1] (protection for early leavers) and Chapter II of Part IVA (requirements relating to pension credit benefit) of the Act; and

^M5 “ the Trustee ” means the trustee corporation established under section 75 of the Pensions Act 2008 .

Disapplication of the transfer value provisions

2. —(1) Subject to paragraphs (2) and (3), the transfer value provisions do not apply in relation to the Scheme.

(2) Paragraph (1) does not apply (and so the transfer value provisions apply in relation to the Scheme) when a member of the scheme reaches normal minimum pension age and notifies the Trustee of their intention to—

(a) ^M6^,^M7 exercise a right to the entirety of a cash equivalent acquired under [^F2 section 94(2) ^F2] of the Act in one of the ways listed in section 95(2) of the Act ; or

(b) ^M8^,^M9 require the Trustee to use an amount equal to the entirety of the cash equivalent of their [^F3 pension credit rights ^F3] pursuant to section 101F of the Act for one or more of the authorised purposes listed in section 101F(2) of the Act .

(3) Paragraph (1) does not apply (and so the transfer value provisions apply in relation to the Scheme) when the Trustee is satisfied that a member is suffering from incapacity.

Signed by authority of the Secretary of State for Work and Pensions.

Angela Eagle

Minister of State,

Department for Work and Pensions

in force	Provision is in force
in force*	In force only for specified purposes (for detail about the purposes see/hover footnote)
not in force	Not in force in England (may be in force in other geographies, see footnotes)
italics	Defined term
_dfn	Defined term (alternative style)
gry bckgrd	the in-force status of the provision is complex, check the footnotes

in force

Provision is in force

in force*

In force only for specified purposes (for detail about the purposes see/hover footnote)

not in force

Not in force in England (may be in force in other geographies, see footnotes)

italics

Defined term

_dfn

Defined term (alternative style)

gry bckgrd

the in-force status of the provision is complex, check the footnotes

footnote	commentary	insert/omit
F1	Words in reg. 1(2) substituted (6.4.2015) by The Occupational and Personal Pension Schemes (Transfer Values) (Amendment and Revocation) Regulations 2015 (S.I. 2015/498) , regs. 1(2) , 13(2)	substituted
F2	Words in reg. 2(2)(a) substituted (6.4.2015) by The Occupational and Personal Pension Schemes (Transfer Values) (Amendment and Revocation) Regulations 2015 (S.I. 2015/498) , regs. 1(2) , 13(3)(a)	substituted
F3	Words in reg. 2(2)(b) substituted (6.4.2015) by The Occupational and Personal Pension Schemes (Transfer Values) (Amendment and Revocation) Regulations 2015 (S.I. 2015/498) , regs. 1(2) , 13(3)(b)	substituted
M1	1993 c.48 . Section 93(1B)(aa) was inserted by the Pensions Act 2008 (c.30) , section 134(2) . Section 101F(6A) was inserted by the Pensions Act 2008, section 134(3). Section 181 is cited because of the meaning it gives to “prescribed” and “regulations”.
M2	Section 185(1) was amended by paragraph 46 of Schedule 3, and paragraph 80(a) of Schedule 5, to the Pensions Act 1995 (c.26) .
M3	2004 c.12 .
M4	Part IVA was inserted by the Welfare Reform and Pensions Act 1999 (c.30) , section 37 .
M5	The trustee corporation was named by article 2 of S.I. 2010/3 .
M6	Section 94(1) was amended by the Pensions Act 1995 (c.26) , section 154(1) and (2).
M7	Section 95(2) was amended by article 121 of S.I. 2001/3649 .
M8	Section 101F was inserted by the Welfare Reform and Pensions Act, section 37.
M9	Section 101F(2) was amended by article 122 of S.I. 2001/3649 .

Defined Term	Section/Article	ID
incapacity	reg. 1.	def_a20c7fc0a4
normal minimum pension age	reg. 1.	def_bd4316c066
scheme administrator	reg. 1.	def_26785547be
the Act	reg. 1.	def_f31cfd63e5
the Scheme	reg. 1.	def_cbf305a1ac
the transfer value provisions	reg. 1.	def_f4c126e8c7
the Trustee	reg. 1.	def_7f0fabcfbf

2010 No. 6

The Transfer Values (Disapplication) Regulations 2010

Citation, commencement and interpretation

Disapplication of the transfer value provisions

Status of changes to instrument text