CHAPTER V (SI2001/23)
MISCELLANEOUS
Charges in respect of pension sharing costs
156. - (1)
The administering authority may recover from the parties involved in pension
sharing charges as set out in paragraph (2).
(2) The charges referred to in paragraph (1) are any
costs reasonably incurred by the administering authority in connection with
pension sharing activity other than those costs specified in paragraph (3).
(3) The costs specified in this paragraph are any costs
which are not directly related to the costs which arise in relation to an individual
case.
(4) The administering authority shall, before a pension
sharing order is made, inform the member or his spouse the member, his
spouse or his civil partner (SI2005/554),
as the case may be, in writing of its intention to recover costs incurred with
any description of pension sharing activity and provide the member or his
spouse the member, his spouse or his civil partner (SI2005/554)
, as the case may be, with a written schedule of changes in accordance with
regulations which may be made by the Secretary of State under section 41(1)
of the 1999 Act.
Excluded membership
157. - (1)
Pension credit rights or pension credit benefits may not be aggregated with
any other rights or benefits under the Scheme (including those attributable
to a different pension credit).
(2) Where a pension credit member is also an active
member, he may not count any period which may count for any purpose in connection
with his pension credit benefit towards any membership period required under
the Scheme.
Appropriate fund and appropriate administering authority
158. For a pension credit
member -
(a) the appropriate fund is the fund which is the appropriate fund for the transferor on the transfer date; and
(b) his appropriate administering authority is the administering authority of the fund.
Assignment
159. Except as may be required
by law, or is necessary in law to give effect to a pension sharing order or
is otherwise permitted for the purpose of this Part of the Scheme, pension credit
benefits under the Scheme may not be assigned, charged or otherwise made subject
to a security.
Application of Part VI to deferred members and pensioner members under the
1987 Regulations
160. Part
VI shall apply to those persons listed in Regulation 4(2)(a) of the Local
Government Pension Scheme (Transitional Provisions) (Scotland) Regulations 1998.