Part 1: Public Service Pension Schemes Chapter 4: General Section 105: Section 91 of the Pensions Act 1995 and section 356 of Armed Forces Act 2006
Section 105(1) and (2) disapplies section 91 of the Pensions Act 1995 and Article 89 of the Pensions (Northern Ireland) Order 1995. These provisions state that occupational pension entitlements to a pension or right to a future pension cannot be assigned or commuted or surrendered, and that there can also be no set-off exercised against it. Section 105(2)(a) provides that these prohibitions do not apply to any provision in this Act. Section 105(2)(b) provides that the surrender of a pension entitlement or right as a condition for inclusion of opted-out service in remedy under section 5(5)(b), or the surrender of a pension entitlement or right to a partnership pension account under section 41(3) or (6), is permitted.
	Section 105(3) and 105(4) provides that restrictions in section 356 of the Armed Forces Act 2006, which prevent certain armed forces pension benefits from being assigned, do not apply to the operation of Part 1 of the Act.