PART 8Payment of benefits

CHAPTER 3Payment of lump sums

Member declaration161

1

The scheme manager may not pay a member a lump sum under this Chapter unless the member declares in writing that, on payment of the lump sum, paragraph 3A of Schedule 29 to FA 200424 would not apply.

2

The declaration must be—

a

signed by the member;

b

in a form specified by the scheme manager; and

c

provided by a date determined by the scheme manager.

Commutation of part of pension162

1

The following members may apply to the scheme manager to receive a lump sum in place of part of a pension—

a

a member who is entitled to payment of a retirement pension;

b

a pension credit member who is entitled to payment of a pension credit retirement pension.

2

Paragraph (1)(b) only applies if—

a

the member’s pension credit is derived from rights attributable to the pensionable service of a pension debit member; and

b

a retirement pension does not become payable to the pension debit member before the transfer day in respect of that pensionable service.

3

An application under this regulation must—

a

be in writing;

b

be made when the member applies under regulation 159 for payment of the pension; and

c

specify the amount of the lump sum which the member wishes to receive.

Amount of lump sum payable under regulation 162163

The amount of a lump sum payable under regulation 162 must—

a

be a multiple of £12; and

b

not exceed P’s permitted maximum.

Commutation amount for lump sum payable under regulation 162164

1

For the purpose of calculating the annual rate of pension payable to a member (P) who receives a lump sum under regulation 162, the commutation amount is 1/12th of the amount of the lump sum.

2

If a retirement pension commuted under regulation 165 ceases to be payable under regulation 94 or 111, the commutation amount for any retirement pension that subsequently becomes payable to P is an amount determined by the scheme manager after consulting the scheme actuary.

Commutation of whole pension (serious ill-health)165

1

This regulation applies to a member (P) who, on the entitlement day for a pension, has a life expectancy of less than a year.

2

P may apply to the scheme manager to receive a lump sum instead of the pension.

3

The application must—

a

be in writing;

b

be made when P applies under regulation 159 for payment of the pension; and

c

be accompanied by all the medical evidence necessary for the scheme manager to determine that P is entitled to payment of the lump sum.

4

If P is eligible to apply under regulation 162 to receive a lump sum under that regulation—

a

the largest permissible lump sum is to be paid under that regulation; and

b

the commutation amount under that regulation is to be deducted when calculating the annual rate under regulation 166.

5

In this regulation, “pension” means—

a

an age retirement pension and any phased retirement pension payable with it;

b

an ill-health pension and a total incapacity pension or phased retirement pension payable with it; or

c

a pension credit retirement pension.

Amount of lump sum payable under regulation 165 instead of retirement pension166

1

This regulation applies to a member (P) who applies under regulation 165 to receive a lump sum instead of a retirement pension.

2

The amount of the lump sum payable to P is the total of—

a

for an age retirement pension, ill health pension or total incapacity pension, a sum equal to 5 x the annual rate of the retirement pension; and

b

for a phased retirement pension that is already in payment, a sum equal to—

(A-B) x the annual rate of the phased retirement pension

where—

A is 5, and

B is the period (in years and fractions of a year) from the date on which the phased retirement pension was first paid until the date of the application25.

Amount of lump sum payable under regulation 165 instead of a pension credit retirement pension167

1

This regulation applies to a member (P) who applies under regulation 165 to receive a lump sum instead of a pension credit retirement pension.

2

The amount of the lump sum payable to P is an amount equal to 5 times the annual rate of the pension credit retirement pension.

Commutation: small pensions168

1

If paragraph (2) applies, the scheme manager may, on the application of a member (P), commute a retirement pension by paying a lump sum to P.

2

This paragraph applies if—

a

the lump sum is a trivial commutation lump sum as defined in paragraphs 7 and 7A of Schedule 29 to FA 2004 or falls within regulation 11 or 12 of the Registered Pension Schemes (Authorised Payments) Regulations 200926;

b

the application under paragraph (1) is made when P applies under regulation 159 for payment of the retirement pension;

c

in the 3 years ending with the date of the application, a transfer value payment has not been made in respect of P;

d

a transfer value payment or cash transfer sum has not been accepted under Part 10 in respect of P’s rights accrued under a personal pension scheme; and

e

in the 5 years ending with the date of the application, a transfer value payment or cash transfer sum has not been accepted under Part 10 in respect of rights accrued under another occupational pension scheme.

3

If a lump sum is paid under paragraph (1), benefits are not payable under Part 6 on P’s death.

4

The scheme manager may, on the application of a pension credit member (P), commute a pension credit retirement pension by paying a lump sum to P if—

a

the lump sum is a trivial commutation lump sum as defined in paragraph 7 of Schedule 29 to FA 2004 or falls within regulation 11 or 12 of the Registered Pension Schemes (Authorised Payments) Regulations 2009;

b

the application is made when P applies under regulation 159 for payment of the pension; and

c

in the 3 years ending with the date of the application, a transfer value payment has not been made in respect of P.

5

The scheme manager may, on the application of a beneficiary to whom a pension is payable under Part 6, commute that pension by paying a lump sum to the beneficiary if—

a

the application is made when the beneficiary applies under regulation 159 for payment of the pension; and

b

the lump sum is a trivial commutation lump sum death benefit as defined in paragraph 20 of Schedule 29 to FA 2004.

6

A lump sum payable under this regulation is to be determined by the scheme manager after taking advice from the scheme actuary.