358. Independent advice

Where a member of a pension scheme has subsisting rights1 in respect of any safeguarded benefits2, or a survivor of a member has subsisting rights in respect of any safeguarded benefits, the trustees or managers3 must check that the member or survivor has received appropriate independent advice4 before:

  1.  

    (1)     converting any of the benefits into different benefits that are flexible benefits5 under the scheme6;

  2.  

    (2)     making a transfer payment in respect of any of the benefits with a view to acquiring a right or entitlement to flexible benefits for the member or survivor under another pension scheme (including a