s.43Payment on breakdown of marriage or civil partnership
43
Section 43Part 6 — Benefits

Payment on breakdown of marriage or civil partnership

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A court order made upon a dissolution of a civil partnership, divorce or separation for maintenance or other payments respecting such dissolution of a civil partnership, divorce or separation may provide for the transfer to a member's spouse or civil partner of a portion of the commuted value of a member's pension benefits but shall not require payment of a pension benefit before the earlier of —
the date on which payment of the pension benefit commences; or
the normal pension entitlement date of the member or former member.
A court order may not provide for the payment to a spouse or civil partner of more than fifty per cent of the pension benefit calculated in the prescribed manner and accrued by a member or former member during the conjugal period or period pertaining to civil partnership or of the value of the defined contribution account added during the conjugal period or period pertaining to civil partnership of the member or former member and that member's or former member's spouse or civil partner.
An administrator is discharged from all liabilities upon making payment in accordance with an order under this section.
Where a court order mentioned in subsection (1) affects a pension, the administrator shall revalue the pension in the prescribed manner.
A spouse or a civil partner on whose behalf a certified order is given to an administrator is entitled, on termination of employment by the member or former member, to any option available in respect of the spouse's or civil partner's interest in the pension benefits as the member or former member has in respect of their pension benefits.

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