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The relevant date is the separation date. The formula is A x B divided by C where A is the value of the Cash Equivalent Benefits value of the rights or interests in any benefits under the pension arrangement which is calculated, as at the relevant date, B is the period of C which falls within the period of the marriage of the parties before the relevant date andC is the period of the membership of that party in the pension arrangement before the relevant date. So in your case the amount would be your £CEB x number of days between 23/5/97 to 16/05/16 divided by number of days between 12/8/68 to 16/5/16.
You calculate the actual figure by taking the CEBV and multiplying it by the total number of days you were a member of the scheme during the marriage. In this case that will be the number of days from the date of marriage to the date of separation. Then you divide that figure by the total number of days you were in the pension scheme. That will be the day you joined until the date of your separation. You can get online the The Divorce etc. (Pensions) (Scotland) Regulations
2000 which prescribes the statutory formula for the calculation.
I hope that helps. Please leave a positive rating so that I am credited for my time.
Do you have a CETV value or a CEBV? Assuming a CEBV the answer is the same although worded differently.
They will be different. You can't compare the two if the separation date is 4 years later and the CEBV changes accordingly.
Also remember that if the pension is in payment a CETV is not appropriate and a CEBV shouod be sought.
Yes I can see the difference. Have you done your calculation using the formula in regulation 4? You will see the definition of C containing the words "period of membership". I think the definition of period of membership is where the issue arises. I'll do a bit of research on this and come back to you.
I havent forgotten about you. I'm not at home or at work just now and I don't have access to Westlaw. As soon as I am back I'll do some research. However, in relation to your latest post, the CETV isnt appropriate as you know where the pension is in payment. It should be a Benefits Equivalant Value also known as a Pensioner Equivalent Transfer Value or PETV and you may want to take this up with them.
Sorry for the delay. I'm just back today and have looked at this for you. I found the case I was aware of and I'm glad I looked at it again. This was a divorce called McDonald v McDonald in 2015. My recollection was that it had changed the position I wrote of in 2010 to include the period that a pension was in payment as part of the calculation period. However, what actually happened was that two judges to one ruled in favour of the proposition that membership of a pension scheme meant the period of active membership and not the following period of pensioner membership. Lady Smith delivered the first judgment which was in fact the dissenting judgment. The other two judges were in the majority and so affirmed the law on this subject. So in summary the law still is as you would wish it to be. You can see the judgment here: http://www.scotcourts.gov.uk/search-judgments/judgment?id=2e68e6a6-8980-69d2-b500-ff0000d74aa7. I have also checked Westlaw and there does not appear to have been anything to overrule this case and indeed this is the latest case in date dealing with the pension regulations apportionment provisions. I hope that clarifies the position. Please leave a positive rating so that I am credited for my time.
Based on the McDonald case the date of deferment would be logical as that would indicate a cessation of membership of th scheme but there is no reported case on that specific point.