Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

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Rules respecting payments under schemes.

189.— (1) Subject to section 190 (4), the trustees of a scheme in respect of which an order has been made under section 187 (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 qualified cohabitant so agree, in providing a benefit for or in respect of the qualified cohabitant that is of the same actuarial value as the transfer amount, or

(b) in making a payment, at the option of the qualified cohabitant—

(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 187 (2) in favour of the qualified cohabitant;

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

(c) the qualified cohabitant has applied to the trustees in that behalf; and

(d) the qualified cohabitant furnishes the information that the trustees require.

(3) Subject to section 190 (4), trustees of a defined contribution scheme in respect of which an order has been made under section 187 (2) may, if the qualified cohabitant 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 190 (4), the trustees of a scheme in respect of which an order has been made under section 187 (2) shall, within 3 months of the death of a member qualified cohabitant who dies before the payment of the designated benefit has commenced, provide for the payment to the other qualified cohabitant of an amount that is equal to the transfer amount calculated in accordance with relevant guidelines.

(5) Subject to section 190 (4), the trustees of a scheme in respect of which an order has been made under section 187 (2) may, if the member qualified cohabitant ceases to be a member otherwise than on death, apply, in accordance with relevant guidelines, the transfer amount under the scheme, at their option—

(a) if the trustees and the other qualified cohabitant so agree, in providing a benefit for or in respect of that qualified cohabitant 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 190 (4), the trustees of a scheme in respect of which an order has been made under section 187 (2) shall, within 3 months of the death of the qualified cohabitant 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 qualified cohabitant of an amount that is equal to the transfer amount calculated in accordance with relevant guidelines.

(7) Subject to section 190 (4), the trustees of a scheme in respect of which an order has been made under section 187 (2) shall, within 3 months of the death of the qualified cohabitant 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 qualified cohabitant 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 qualified cohabitant, 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 187 (2) or (5) shall, within 12 months of the member qualified cohabitant’s ceasing to be a member, notify the registrar or clerk of the court and the other qualified cohabitant 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 qualified cohabitant who is not the member and the registrar or clerk of the court, giving particulars to that qualified cohabitant of the scheme and the transfer amount.