Buying out Section 9(2B) rights and GMPs from 6 April 2016
Buying out Section 9(2B) rights and GMPs from 6 April 2016

The following Pensions practice note provides comprehensive and up to date legal information covering:

  • Buying out Section 9(2B) rights and GMPs from 6 April 2016
  • What is a buy-out?
  • Differences between pre-abolition and post-abolition buy-out regimes
  • Buy-out of Section 9(2B) rights
  • Former COSR schemes
  • Scheme winding up
  • Buy-out of guaranteed minimum pensions (GMPs)
  • Meaning of 'appropriate' policy or annuity contract
  • When is member consent not required to buy out GMPs?
  • Practical considerations
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: Brexit and IP completion day—the implications for pensions.

This Practice Note focuses on the considerations applicable on and from 6 April 2016, the date on which contracting-out on a salary-related basis (also known as DB contracting-out) was abolished, when 'buying out' the following contracted-out salary-related (COSR) rights:

  1. guaranteed minimum pensions (GMPs)—these are the benefits accrued by members of COSR schemes as a consequence of contracting out between 6 April 1978 and 5 April 1997

  2. Section 9(2B) rights (also known as post-1997 COSR rights)—these are the benefits accrued by members of COSR schemes as a consequence of contracting out between 6 April 1997 and 5 April 2016

The legislative requirements applicable differ depending on whether the COSR rights in question are GMPs or Section 9(2B) rights.

For information on the considerations applicable before 6 April 2016 for the buy-out of Section 9(2B) rights and GMPs, see Practice Note: Buying out Section

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