Section 19D — Pensions Act 2008: Restrictions on making pension compensation sharing orders

Restrictions on making pension compensation sharing orders 19D 1 A pension compensation sharing order may not be made in relation to rights to PPF compensation that—

a are the subject of pension attachment, b derive from rights under a pension scheme that were the subject of pension sharing between the civil partners, c are the subject of pension compensation attachment, or d are or have been the subject of pension compensation sharing between the civil partners.

2 For the purposes of sub-paragraph (1)(a), rights to PPF compensation “are the subject of pension attachment” if any of the following three conditions is met.

3 The first condition is that—

a the rights derive from rights under a pension scheme in relation to which an order was made under Part 1 imposing a requirement by virtue of paragraph 25(2),

and b that order, as modified under paragraph 31, remains in force.

4 The second condition is that—

a the rights derive from rights under a pension scheme in relation to which an order was made under Part 1 imposing a requirement by virtue of paragraph 25(5),

and b that order—

i has been complied with, or ii has not been complied with and, as modified under paragraph 32, remains in force.

5 The third condition is that—

a the rights derive from rights under a pension scheme in relation to which an order was made under Part 1 imposing a requirement by virtue of paragraph 26, and b that order remains in force.

6 For the purposes of sub-paragraph (1)(b), rights under a pension scheme “were the subject of pension sharing between the civil partners” if the rights were at any time the subject of a pension sharing order in relation to the civil partnership or a previous civil partnership between the same parties.

7 For the purposes of sub-paragraph (1)(c), rights to PPF compensation “are the subject of pension compensation attachment” if there is in force a requirement imposed by virtue of Part 6 relating to them.

8 For the purposes of sub-paragraph (1)(d), rights to PPF compensation “are or have been the subject of pension compensation sharing between the civil partners” if they are or have ever been the subject of a pension compensation sharing order in relation to the civil partnership or a previous civil partnership between the same parties.