The Divorce etc. (Pensions) (Scotland) Amendment Regulations 2008

JurisdictionScotland
CitationSSI 2008/293
Year2008

2008 No. 293

FAMILY LAW

The Divorce etc. (Pensions) (Scotland) Amendment Regulations 2008

Made 28th August 2008

Laid before the Scottish Parliament 3rd September 2008

Coming into force 1st October 2008

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 10(8) and (8A) of the Family Law (Scotland) Act 19851and all other powers enabling them to do so.

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Divorce etc. (Pensions) (Scotland) Amendment Regulations 2008 and shall come into force on 1st October 2008.

S-2 Amendment of the Divorce etc. (Pensions) (Scotland) Regulations 2000

Amendment of the Divorce etc. (Pensions) (Scotland) Regulations 2000

2.—(1) The Divorce etc. (Pensions) (Scotland) Regulations 20002are amended as follows.

(2) In regulation 2(1) (interpretation)–

(a)

(a) in the appropriate alphabetical places, insert–

““normal pension age” has the meaning given in section 180 (normal pension age) of the 1993 Act;”;

““the Transfer Values Regulations” means the Occupational Pension Schemes (Transfer Values) Regulations 19963;”;

(b)

(b) for the definition of “salary related occupational pension scheme”, substitute–

““salary related occupational pension scheme” has the meaning given by regulation 1A of the Transfer Values Regulations;”.

(2) In regulation 3 (valuation)–

(a)

(a) in paragraph (2)(d)–

(i) for “paragraphs (7) to (9)” substitute “paragraphs (7) and (8)”;

(ii) after head (iii), insert–

“; or

(iv) the pension of the person with pension rights is not in payment and the person has attained normal pension age.”;

(b)

(b) for paragraph (4)(b), substitute–

“(b)

“(b) in accordance with regulation 11 (disclosure) of, and Schedule 1 to, the Transfer Values Regulations.”;

(c)

(c) for paragraphs (7) to (9), substitute–

S-7

“7 Cash equivalents are to be calculated and verified in accordance with regulations 7 to 7C and 7E(1) to (3) of the Transfer Values Regulations as appropriate.

S-8

8 But when calculating and verifying a cash equivalent in accordance with those regulations–

(a) references to “trustees” must be read as references to “person responsible for the pension arrangement”;

(b) where the person with pension rights is a pensioner member on the date on which the request for the valuation is received, the value of his pension must be calculated and verified in accordance with regulations 7 to 7E of the Transfer Values...

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