Definition of pension sharing orders: MCA 1973 s. 21A
Under MCA 1973 s. 21A, a pension sharing order transfers a specified percentage value of one party's shareable pension rights to the other.
For the purposes of this Act, a pension sharing order is an order which— provides that one party’s— shareable rights under a specified pension arrangement, or shareable state scheme rights, be subject to pension sharing for the benefit of the other party, and specifies the percentage value to be transferred. In subsection (1) above— the reference to shareable rights under a pension arrangement is to rights in relation to which pension sharing is available under Chapter I of Part IV of the Welfare Reform and Pensions Act 1999, or under corresponding Northern Ireland legislation, the reference to shareable state scheme rights is to rights in relation to which pension sharing is available under Chapter II of Part IV of the Welfare Reform and Pensions Act 1999, or under corresponding Northern Ireland legislation, and “ party ” means a party to a marriage.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Section 21A defines what a pension sharing order is for the purposes of the Act. It specifies that such an order provides for a percentage value of one party's shareable pension rights or shareable state scheme rights to be transferred for the benefit of the other party.
The section clarifies that shareable rights under a pension arrangement or state scheme are those made available under Chapter I or Chapter II of Part IV of the Welfare Reform and Pensions Act 1999 (or corresponding Northern Ireland legislation). It also confirms that the term party refers specifically to a party to a marriage.
When it applies
- Defining a pension sharing order when dividing private pension arrangements between spouses
- Identifying shareable state scheme rights subject to pension transfer upon divorce
- Determining whether specific pension rights under Chapter I of Part IV of the Welfare Reform and Pensions Act 1999 qualify for pension sharing
What this section does not say
- Granting the court power to make the order during divorce proceedings
- Defining pension compensation sharing orders relating to the Pension Protection Fund
- Apportioning administrative charges for executing a pension sharing order
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This page reproduces the text of MCA 1973 s. 21A in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.