Pension compensation charges apportionment s.24G MCA 1973
Allows court to include in pension compensation sharing order provision about apportionment of charges under s.117 Pensions Act 2008 or NI equivalent.
24G The court may include in a pension compensation sharing order provision about the apportionment between the parties of any charge under section 117 of the Pensions Act 2008 (charges in respect of pension compensation sharing costs), or under corresponding Northern Ireland legislation.
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
This section lets a court decide how the two parties will share the cost of the charge that applies when a pension compensation sharing order is made. That charge is set by section 117 of the Pensions Act 2008 (or the corresponding Northern Ireland law).
The court can include a provision in the order itself about who pays what part of that charge. It does not say how the charge must be apportioned – only that the court may decide and include that decision in the order.
This applies only to pension compensation sharing orders (which deal with rights in a pension scheme that are already in the Pension Protection Fund), not to pension sharing orders (which deal with ordinary pension rights).
When it applies
- A divorce court makes a pension compensation sharing order and includes a provision that the husband pays the full charge under section 117 of the Pensions Act 2008.
- The court splits the charge equally between the two parties in the pension compensation sharing order.
- One party has significantly more assets, so the court orders that party to bear the entire charge.
- The charge is apportioned in proportion to the value of the pension compensation each party receives under the sharing order.
What this section does not say
- This section does not set the amount of the charge; that is fixed by the Pensions Act 2008, section 117.
- It does not decide who gets the pension compensation – that is governed by sections 21B and 24E of the MCA 1973.
- It does not apply to ordinary pension sharing orders; charges for those are handled under section 24D of the MCA 1973.
- It does not affect maintenance orders or property adjustment orders (see sections 22, 23, and 24 of the MCA 1973).
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This page reproduces the text of MCA 1973 s. 24G 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.