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SECTION 14: PENSIONS SHARING ON DIVORCE
  

Part 3: Pension debit members

   

Pension debit members' benefits

   
14.11 (i) Any benefits to which a pension debit member would be entitled under this scheme if no pension debit applied to that pension shall be reduced in accordance with and to the extent required by section 31 of the Act.
     
  (ii)

Without prejudice to the generality of paragraph (i), “benefits” for the purpose of this Rule include accrued benefits for the purposes of payment of transfer values under this scheme.

     

Dependants' pensions

     
14.12 (i)

The pension paid to the spouse of a deceased pension debit member under Section 6 of the Scheme shall be reduced by the same proportion by which the deceased's retirement benefits have been reduced in accordance with section 31 of the Act or would have been reduced if he had become entitled to them on the day he died.

     
  (ii) The amount of the reduction shall be calculated in accordance with any guidance issued by the Government Actuary.
     
  (iii) For the avoidance of doubt, the pension debit member shall not be entitled to any refund of contributions under Section 6 arising from any deduction made under Rule 14.12 (i).
     
  (iv)

Subject to paragraph 14.12 (v), when the child of a pension debit member becomes entitled to a pension under Section 6, the child's pension shall be first calculated in accordance with Rule 6.25 as if references to the member's pension were to such pension without taking account of any reduction applied to that pension by virtue of section 31 of the Act.

     
  (v)

Notwithstanding paragraph 14.12 (iv), the amount of a pension to a child of a debit member shall be reduced to the extent required by section 31 of the Act.

     

Valuation day

     
14.13

For the purpose of calculating the cash equivalent referred to in section 29(2) of the Act, the valuation day shall be the first day of the implementation period.

     

Replacement of rights

     
14.14

A pension debit member shall not be allowed to replace any rights debited to the member as a consequence of a pension sharing order with any rights which the member would not have been able to acquire (in addition to the debited rights) had the order not been made.

     

Charging

     
14.15

The Authority may recover charges incurred in connection with any of the activities prescribed for the time being under section 41 of the Act in accordance with, and to the extent prescribed in regulations under that section.

     
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