*Beaton v Board of the Pension Protection Fund

Pension – Pension cap. On the true construction of para 26(2)(b) of Sch 7 to the Pensions Act 2004 (PA 2004), the ordinary meaning of a benefit being 'attributable to pensionable service' was that it was a benefit which was earned by the member as a result of giving service to an employer while a member of a pension scheme, under which he accrued or earned a future pension. Accordingly, the appellant member's pension benefit (the £47,000 pension), which had been transferred from his previous employer to a new employer, was not a benefit attributable to pensionable service under the pension scheme provided by the new employer, or its successor scheme, which had subsequently gone into administration. The Chancery Division, so ruled in allowing the appellant's appeal against a decision whereby the Pension Protection Fund (PPF) had aggregated his transferred benefit, the £47,000 pension, with his pension from the new employer's pensions scheme and its successor scheme, and had then applied the cap available, under PA 2004, to the entire amount. The case was remitted to the Ombudsman of the PPF.

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