SECTION 4: AGE RETIREMENT BENEFITS
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Allocation: voluntary abatement of benefit to
increase or provide a benefit for a spouse or dependant
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| 4.15 |
Subject to the provisions of Rules 4.16 to 4.28 a member in whose favour a pension becomes payable (other than an ill-health pension) under Section 4 or 5 or appendix 8 may then or at any time thereafter allocate part of that pension to any person who is the member’s spouse, civil partner or dependant at the time of the making of the allocation. Except that with effect from 6 April 2006 this option to allocate may only be exercised before the member’s pension is due to come into payment. This Rule shall apply to the allocation of part of a continuing annual payment under Rule 8.06 (b) of Appendix 8, where payment of the continuing annual payment commenced prior to 6 April 2006 in the case of a former non industrial scheme member, or 8.16 of Appendix 8 in the same way as to part of a pension. Where part of a continuing annual payment is allocated, the allocation will also apply to the preserved pension when it comes into payment instead of the continuing annual payment.
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Interpretation of Rules 4.15 to 4.28
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| 4.16 |
In Rules 4.15 to 4.28 "member" means a member
making an allocation under Rule 4.15, and the "beneficiary" means
a person in whose favour the allocation is made. "Dependant" means
a person (other than the member’s spouse or civil partner) who is solely or mainly dependant
on the member making an allocation.
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Duration of allocated pension
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| 4.17 |
When an allocation under Rule 4.15 is made, a pension will
be paid to the beneficiary as follows:
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(a) |
in the case of a dependant, from the day after the date
of the member’s death until the date of the dependant’s death;
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(b) |
in the case of a spouse or civil partner, either (in accordance with the member’s declared choice at the time of making the allocation)
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(i) |
as for a dependant, or
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(ii) |
from (whichever date is latest) the date on which the member’s pension comes into payment or the date of the relevant marriage or registration of civil partnership or the date on which he has notified the Authority in writing of his wish to allocate until the date of the spouse’s or civil partner’s death.
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Except that with effect from 6 April 2006, no new allocation in Rule 4.17 (b) (ii) is permissible
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Calculation of allocated pension
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A person who joins this scheme on or after 1 February 1991,
may not make an allocation under sub paragraph (b) (ii) of this Rule.
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Doubling of allocated pension in certain cases
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| 4.18 |
The annual amount of a pension under Rule 4.17 will be calculated
according to the appropriate table drawn up by the Actuary and in force
at the time the allocation is made; and will be determined by the age and
sex of the member, by the age and sex of the beneficiary, and by the amount
of the pension allocated.
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Limit on amount of allocated pension
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| 4.19 |
Where Rule 4.17(b)(ii) applies and the spouse or civil partner survives the member, the annual amount of pension payable to the spouse or civil partner will be doubled with effect from the day after the date of the member’s death and the amount of the additional pension will be treated as a separate pension.
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| 4.20 |
Subject to Rule 4.27, the annual amount of pension allocated
under Rule 4.15 shall be an exact number of pounds and may not exceed
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(i) |
one-third of the member’s pension;
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(ii) |
the amount which would make the member’s pension, after deduction
of the amount allocated, equal to the annual pension that would be payable
under Rule 4.15 of Former Rule 20, (in the case of a former non industrial
scheme member) to the beneficiary on the member’s death;
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Interpretation of Rule 4.20
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(iii) |
where the member is entitled or prospectively entitled to
a guaranteed minimum pension under Rule 4.14, the amount which would make
the member’s pension, after deduction of the amount allocated, equal to
such guaranteed minimum pension.
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Declarations in excess of limit in Rule 4.20
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In applying the first of these limits, the amount of pension
allocated will be taken to include any such amount already allocated under
Rule 4.15 or under Former Rule 20 in the case of a former non industrial
scheme member.
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