1. INTRODUCCIÓN
2.2 Procesamiento de imágenes digitales
2.2.3 Técnicas de segmentación
[or LOCAL GOVERNMENT PENSION SCHEME (SCOTLAND) REGULATIONS 1998] WRITTEN CONSENT FOR VALUATION AND PROVISION OF INFORMATION IN CONNECTION WITH MATRIMONIAL PROCEEDINGS
Please complete the details requested in block capitals, sign, date and return the form. Your full name
Your date of birth
The address to which you wish correspondence to be sent (for example, your home address)
Your National Insurance Number Do you currently contribute to the Local Government Pension Scheme (LGPS), or
Do you have a deferred pension in the LGPS, or
Are you in receipt of a pension from the LGPS?
YES / NO* YES / NO* YES / NO*
(* delete as appropriate) The name of the employer in whose
employment you are (or were) a member of the LGPS
Have divorce or annulment
proceedings formally commenced (see note 1 overleaf) i.e. have you
completed a 'Form A' for your solicitor?
YES / NO*
(* delete as appropriate) The name and address of the solicitor
acting for you.
Do you authorise the Pensions Section to provide the solicitor named above with such pension information as he / she may request in relation to your benefits in the LGPS?
YES / NO*
(* delete as appropriate) Do you wish to be sent copies of any
correspondence sent to your solicitor? YES / NO*
(* delete as appropriate) Signed : ___________________________ Date : __________________
Notes :
1. Divorce or annulment proceedings must have commenced under one of the following - - Part II of the Matrimonial Causes Act 1973 or Part III of the Matrimonial
and Family Proceedings Act 1984 (England and Wales powers in relation to domestic and overseas divorce, etc.), or
- Part III of the Matrimonial Causes (Northern Ireland) Order 1978, or Part IV of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (corresponding Northern Ireland powers), or - the Family Law (Scotland) Act 1985 or Part IV of the Matrimonial and Family Proceedings Act 1984
(corresponding Scottish powers)
Please return this completed form to: The Pensions Manager
LETTER PSO3
SECOND LETTER TO AN ACTIVE, DEFERRED OR PENSIONER MEMBER WHO REQUESTS IN WRITING A VALUATION IN CONNECTION WITH A DIVORCE OR TO A SOLICITOR ACTING ON BEHALF OF THE MEMBER (in the latter case, we need the member's written authorisation to send information to the solicitor) OR TO A COURT WHICH REQUESTS A VALUATION UNDER A COURT ORDER
My ref: Your ref: Date: Dear
Local Government Pension Scheme Regulations 1997
[or Local Government Pension Scheme (Scotland) Regulations 1998]
Member's Name: NI Number:
Thank you for your letter of ………. requesting information in connection with divorce or annulment proceedings.
Your letter was received on………..
I am required to send you [your client] information in accordance with the Pensions on Divorce, etc
(Provision of Information) Regulations 2000. This must be sent to you [your client] within 3 months of the date your letter was received.
In certain circumstances, a shorter time scale applies. The information must be supplied:
a) within 6 weeks of the date I receive notification that formal divorce or annulment proceedings have commenced (see the footnote). Please let me know immediately if proceedings have commenced (if you have not already done so), or
b) within the deadline specified in a Court Order sent to me (where such an Order has been made), or c) within 21 "days" of the date I receive a notification that a Pension Sharing Order may be made (or any
longer period specified by the Court).
The information I will send to you within the specified time scale will include:
d) the cash equivalent value (CEV) of your [your client's] [the scheme member's] accrued pension rights in the Local Government Pension Scheme administered by this Authority;
e) the information necessary to complete the pension section of the Form E financial statement; and f) all other information I am required to provide under the Pensions on Divorce etc. (Provision of
Information) Regulations 2000.
Please note that a charge, as set out in the attached schedule (CH1), will be payable by you [by your client] [the scheme member] for the provision of the CEV if:
g) the CEV is required either by you [your client] [the Court] within 3 months, or h) the CEV is required in respect of a member who is in receipt of a pension, or
i) a CEV or the provision of information has already been requested and provided in the previous 12 months, or
j) the CEV is required in the case of Scottish divorce or nullity proceedings where the relevant date to be used for the CEV is greater than 12 months prior to the date of receipt of the CEV request
[If appropriate, include the following paragraph in a letter to the member:
Where any of the above apply, I enclose my invoice for £ ……… (invoice number ………). Cheques should be made payable to ………]
Certain information has to be gathered from other sources before I can provide you with the information you require e.g. pay details have to be obtained from your [your client's] [the scheme member's] employer and your [your client's] [the scheme member's] Guaranteed Minimum Pension figure has to be obtained from the Inland Revenue. If I experience any difficulty in obtaining information from the other sources I will let you know.
I will write to you again within the time scale specified above.
[Where the letter is being sent to the Court, include the following paragraph: A copy of this letter has been sent to the Scheme member.]
[Where the letter is being sent to a solicitor and the member has asked to be sent a copy, include the following paragraph:
A copy of this letter has been sent to the Scheme member.]
[Where the letter is being sent to the scheme member, include the following paragraph:
I suggest that you inform your solicitor if you have any other pension rights that you have not transferred to the Local Government Pension Scheme Fund administered by this authority. This would include any pension rights you have in another scheme, any deferred pension rights you have in another local government Fund, any pension rights where a transfer to the Local Government Pension Scheme is currently being negotiated, or any Free Standing Additional Voluntary Contribution plan you may have.] Yours sincerely
Footnote:
Divorce or annulment proceedings must have commenced under one of the following - - Part II of the Matrimonial Causes Act 1973 or Part III of the Matrimonial
and Family Proceedings Act 1984 (England and Wales powers in relation to domestic and overseas divorce, etc.), or
- Part III of the Matrimonial Causes (Northern Ireland) Order 1978, or Part IV of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (corresponding Northern Ireland powers), or - the Family Law (Scotland) Act 1985 or Part IV of the Matrimonial and Family Proceedings Act 1984
LETTER PSO4
THIRD LETTER TO AN ACTIVE, DEFERRED OR PENSIONER MEMBER WHO REQUESTS IN WRITING A CETV IN CONNECTION WITH A DIVORCE OR TO A SOLICITOR ACTING ON BEHALF OF THE MEMBER (in the latter case, we need the member's written authorisation to send information to the solicitor) OR TO A COURT WHICH REQUESTS A CETV UNDER A COURT ORDER
My ref: Your ref: Date: Dear
Local Government Pension Scheme Regulations 1997
[or Local Government Pension Scheme (Scotland) Regulations 1998]
Member's Name: NI Number:
When I wrote to you on ………. I said I would provide you with further information in accordance with the Pensions on Divorce, etc (Provision of Information) Regulations 2000. I am pleased to be able to supply that information to you.
The information that you require [your client requires] [the scheme member requires] is attached (form PS05). For divorces in England and Wales it will assist you [your client] [the scheme member] to complete Part 2 of the Form E Financial Statement.
[Include the following paragraph in English, Welsh and Scottish cases, if relevant:
Please note that you are (your client is) (the scheme member is) approaching retirement age. If you retire (your client retires) (the scheme member retires) before any Pension Sharing Order is implemented, the valuation of your (your client's) (the scheme member's) benefits could be materially different from the valuation attached.]
[Include the following paragraph in Scottish cases, if relevant:
Please note that whilst the Cash Equivalent Value shown on form PS05 represents the value at the relevant date (as requested), you are [your client is] [the scheme member is] now a pensioner and a different
valuation will apply to the valuation of the benefits on the valuation date following receipt of a Pension Sharing Order.]
In addition to the information attached, I am required to provide you [your client] [the scheme member] with the following information in accordance with the requirements set out in the Pensions on Divorce, etc (Provision of Information) Regulations 2000.
1. If the Court issues a Pension Sharing Order or a sharing provision is made, the LGPS offers the spouse of a divorced scheme member the options of retaining the Pension Credit awarded to him / her in the LGPS or of transferring the cash equivalent of the Pension Credit to another qualifying pension
arrangement. Keeping the Pension Credit in the LGPS will provide the credited member with a pension and, where the divorced scheme member is an active or deferred member (as opposed to being a pensioner) also a lump sum. The pension and, if any, lump sum will increase each year in line with the rise in the Retail Prices Index and will normally be payable at age 65. However, the Pension Credit may be commuted for a lump sum before age 65 if the credited member is suffering from serious ill health (i.e. where life expectancy is less than 1 year). A trivial Pension Credit can also be commuted for a lump sum at State Pension Age. If a credited member dies before the benefits have become payable, the credited lump sum, if any, will be paid as a lump sum death grant to the credited member's personal representatives. If a credited member dies within 5 years of the benefits coming into payment, a lump sum death grant equal to the balance of 5 years worth of pension will be paid to whomever the administering authority decides, at its sole discretion, to make payment to. Full benefit details will be provided to the credited member if a Pension Sharing Order is issued by the Court or a sharing provision is made. The default option if a credited member does not positively opt for a transfer to another qualifying pension arrangement is a credit in the LGPS.
2. A schedule of charges relating to Pension Sharing activity is attached (form CH1). This sets out i) the charges that will be levied by the authority administering the LGPS,
ii) who will be responsible for paying the charges (unless the Court directs otherwise), and iii) whether the charges must be paid in full or in part before the "implementation period" in
respect of any Pension Sharing Order or provision can commence.
3. If a Pension Sharing Order or provision is made in respect of your [your client's] [the scheme member's] pension rights, including any Additional Voluntary Contributions (AVC's), in the LGPS Fund
administered by this Authority, it should be sent to: The Pensions Manager
[insert rest of address] 4. I can confirm that:
i) the LGPS is an occupational pension scheme and is not winding up
ii) any cash equivalent transfer value (CETV) provided in respect of an active or deferred member represents the full CETV to which you are [your client is] [the scheme member is] entitled and the CETV figure is not, and will not be, subject to reduction in accordance with the provisions of regulation 8(4), (4A), (6) or (12) of the Occupational Pension Schemes (Transfer Values)
Regulations 1996
iii) you are not [your client is not] [the scheme member is not] a trustee of the LGPS Fund administered by this Authority
iv) I will not require details from you [your client] [the scheme member] about your [your client's] [the scheme member's] state of health if a Pension Sharing Order or provision is made
v) your [your client's] [the scheme member's] pension rights are / are not [delete as appropriate], as far as I am aware, subject to an Earmarking Order, a Pension Sharing Order or provision, a forfeiture order, or a bankruptcy order. Where there is such an order, details are shown below:
5. I can also confirm that you do / do not have [delete as appropriate] [your client has / does not have] [the scheme member has / does not have] non-shareable rights. If you [your client] [the scheme member] has non-shareable rights, these are detailed below: [delete as appropriate]
A bare Equivalent Pension Benefit (EPB) of £………….. per annum An injury allowance of £ ………….. per annum
Annual compensation (from the award of Compensatory Added Years) of £……….. A widow's pension of £………. Per annum
A widower's pension of £ …………. Per annum A child's pension of £……… per annum
6. If a Pension Sharing Order or provision is made I will require the following information before I can implement the Order or provision:
a) a copy of the relevant Order or provision
b) a copy of the Order, decree or, in the case of divorce or nullity proceedings lodged in Scotland, declarator responsible for the divorce or annulment to which the Order or provision relates c) in the case of divorce or nullity proceedings lodged in Scotland where there is a qualifying
agreement, details of the apportionment of any charges the authority wishes to levy and
confirmation that you have (your client has) (the scheme member has) notified the authority of your (his / her) intention to share pension benefits and that the authority has acknowledged receipt of that notification
d) a copy of the decree absolute
e) in relation to you [your client] [the scheme member]
(i) all the names by which you have been [your client has been] [the scheme member has been] known
(ii) your [your client's] [the scheme member's] date of birth (iii) your [your client's] [the scheme member's] address
(iv) your [your client's] [the scheme member's] National Insurance number
(v) the name of the pension scheme to which the Order or provision relates (i.e. the Local Government Pension Scheme), and
(vi) your [your client's] [the scheme member's] membership number in the scheme [delete if not appropriate]
f) in relation to your [your client's] [the scheme member's] (ex) spouse (i) all the names by which he / she has been known
(ii) his / her date of birth (iii) his / her address
(iv) his / her National Insurance number, and
(v) if he / she is also a member of the LGPS, his / her membership number in the scheme [delete if not appropriate],
(vi) in the case of divorce or nullity proceedings lodged in Scotland where there is a qualifying agreement, the amount or percentage of the cash equivalent valuation to be credited to your (your client's) (the scheme member's) spouse, and
(vii) if he / she wishes to transfer the Pension Credit to another pension scheme (a qualifying arrangement)
- the full name and address of the qualifying arrangement
- the membership or policy number in that arrangement (if known)
- the name or title, business address, business telephone number and, where available, the business facsimile number and electronic mail address of a person who may be
contacted in respect of the discharge of liability for the Pension Credit to that qualifying arrangement
[Add the following paragraph if necessary:
I will also need the following information in order to implement any Pension Sharing Order: ] [Where the letter is being sent to the Court, include the following paragraph:
A copy of this letter has been sent to the Scheme member.]
[Where the letter is being sent to a solicitor and the member has asked to be sent a copy, include the following paragraph:
A copy of this letter has been sent to the Scheme member.] Yours sincerely