18 Financial assistance scheme: increased levels of payments

Financial assistance scheme

18  Financial assistance scheme: increased levels of payments

(1)     Section 286 of the Pensions Act 2004 (c 35) (financial assistance scheme for members of certain pension schemes) is amended as follows.

(2)     After subsection (1) insert—

“(1A)     The Secretary of State must, in particular, make provision for securing that (subject to any relevant restriction) the aggregate amount of—

(a)     any annual payment payable to a qualifying member of such a scheme, and

(b)     the member's actual pension (if any),

is not less than 80% of the member's expected pension, irrespective of the date of his attaining normal retirement age (or the date when he would have attained that age if he dies before attaining it).

(1B)     A “relevant restriction” means any provision of the regulations which—

(a)     operates to restrict the amount of an annual payment by means of a cap on the product of the calculation of a specified fraction of the member's expected pension, or

(b)     provides for an annual payment not to be payable where the member's actual pension exceeds any specified amount.”

(3)     In subsection (2), before the definition of “qualifying member” insert—

““actual pension” and “expected pension”, in relation to

Powered by Lexis+®

Popular documents