§ Mr. ChannonTo ask the Secretary of State for Social Security what steps are being taken to deal with the question of occupational pension rights on divorce. ting-
§ Mr. Andrew BowdenTo ask the Secretary of State for Social Security whether he has any plans to bring forward legislation on occupational pension rights on divorce.
§ Mr. ScottIt is for employers to determine normally following consultation with their employees, what benefits are provided by an occupational pension scheme and to whom they are payable. Except where scheme benefits are payable as a condition for the scheme to be used for contracting out of the state earnings-related benefit scheme there is no requirement on schemes to provide any specific benefit whether on divorce or otherwise.
§ Mr. Andrew BowdenTo ask the Secretary of State for Social Security how occupational pension rights are transferred on divorce.
§ Mr. ScottTransfers of pension rights may take place when a member leaves a pension scheme and wishes to put his or her pension rights into a new scheme. Any member of an occupational pension scheme who has completed two years' pensionable service in the scheme and whose service terminated at least one year before the scheme's normal pension age, has the statutory right to[...]ask the scheme trustees or manager to transfer the cash equivalent of his pension rights, to acquire rights in another occupational scheme or a personal pension scheme, or to purchase one or more annuities from one or more insurance companies. This right exists on divorce or at any other time.
The question of assigning pension rights between former spouses after a divorce is a matter for the individuals concerned, subject to restrictions in social security and income tax legislation.
§ Mr. Andrew BowdenTo ask the Secretary of State for Social Security what representations he has received on the issue of occupational pension rights on divorce.