Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

123.

Rules respecting payments under schemes.

123.— (1) Subject to section 124(4), the trustees of a scheme in respect of which an order has been made under section 121(2) shall, where the conditions set out in subsection (2) are present, apply, in accordance with relevant guidelines, the transfer amount calculated in accordance with those guidelines—

( a) if the trustees and the civil partner so agree, in providing a benefit for or in respect of the civil partner that is of the same actuarial value as the transfer amount, or

( b) in making a payment, at the option of the civil partner—

(i) to another occupational pension scheme whose trustees agree to accept the payment, or

(ii) to discharge another payment falling to be made by the trustees under any such other approved arrangement.

(2) The conditions referred to in subsection (1) are:

( a) the court has made an order under section 121(2) in favour of the civil partner;

( b) payment of the designated benefit has not commenced;

( c) the civil partner has applied to the trustees in that behalf; and

( d) the civil partner furnishes the information that the trustees require.

(3) Subject to section 124(4) , trustees of a defined contribution scheme in respect of which an order has been made under section 121(2) may, if the civil partner has not made an application under subsections (1) and (2), apply in accordance with relevant guidelines the transfer amount calculated in accordance with those guidelines to make a payment, at their option—

( a) to another occupational pension scheme whose trustees agree to accept the payment, or

( b) to discharge another payment falling to be made by the trustees under any such other approved arrangement.

(4) Subject to section 124(4) , the trustees of a scheme in respect of which an order has been made under section 121(2) shall, within 3 months of the death of a member civil partner who dies before the payment of the designated benefit has commenced, F51 [ provide for the payment to the person in whose favour the order was made ] of an amount that is equal to the transfer amount calculated in accordance with relevant guidelines.

(5) Subject to section 124(4) , the trustees of a scheme in respect of which an order has been made under section 121(2) may, if the member civil partner ceases to be a member otherwise than on death, apply, in accordance with relevant guidelines, the transfer amount under the scheme, at their option—

F51 [ ( a ) if the trustees and the person in whose favour the order was made so agree, in providing a benefit for or in respect of that person that is of the same actuarial value as the transfer amount, or ]

( b) in making a payment, either—

(i) to another occupational pension scheme whose trustees agree to accept the payment, or

(ii) to discharge another payment falling to be made by the trustees under any such other approved arrangement.

(6) Subject to section 124(4) , the trustees of a scheme in respect of which an order has been made under section 121(2) shall, within 3 months of the death of the civil partner who is not the member and who dies before payment of the designated benefit has commenced, provide for the payment to the personal representative of that civil partner of an amount that is equal to the transfer amount calculated in accordance with relevant guidelines.

(7) Subject to section 124 (4) , the trustees of a scheme in respect of which an order has been made under section 121(2) shall, within 3 months of the death of the civil partner who is not the member and who dies after payment of the designated benefit has commenced, provide for the payment to the personal representative of that civil partner of an amount that is equal to the actuarial value, calculated in accordance with relevant guidelines, of the part of the designated benefit that, but for the death of that civil partner, would have been payable to him or her during his or her lifetime.

(8) The trustees of a scheme in respect of which an order has been made under section 121(2) or (5) shall, within 12 months of the member civil partner’s ceasing to be a member, notify the registrar or clerk of the court and the other civil partner of the cessation, if the trustees have not applied the transfer amount in accordance with any of subsections (1) to (6) .

(9) The trustees of a scheme who apply a transfer amount under subsection (3) or (5) shall notify the F51 [ person in whose favour the order was made ] and the registrar or clerk of the court, giving particulars to F51 [ that person ] of the scheme and the transfer amount.

Annotations:

Amendments:

F51

Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 160, S.I. No. 12 of 2016.