(a) not more than �195, if he has received a lump sum grant, or
(b) otherwise, not more than �260,
the appropriate administering authority may pay him a lump sum representing
the capital value of the pension.
(2) If the pension credit member is entitled to more
than one pension under the Scheme, a lump sum is only payable if the aggregate
amount payable to that member is less than �195 or �260, as the case may be.
(3) The capital value of a pension must be calculated as
shown in guidance issued by the Government Actuary.
(4) The payment of a lump sum in respect of a pension
due to the pension credit member under this Part discharges the appropriate
administering authority from their liability for it.
(5) The appropriate administering authority must deduct
from any payment under this regulation any tax to which they become chargeable
under section 599 of the Taxes Act.
Commutation: serious ill-health
157. - (1) In circumstances where a
pension credit member is suffering from serious ill-health at any time prior to
the date when he first becomes entitled to receive a pension under this Part,
the whole of that pension may be commuted for a lump sum and the total
of -
(a) that lump sum, and
(b) the lump sum grant (if applicable)
("the commutation payment") may be paid to the pension credit
member.
(2) The lump sum referred to in paragraph (1)(a) shall
be equal to five times the annual rate of the pension to which the pension
credit member would have been entitled if on the date of commutation he had
reached the normal benefit age.
(3) The lump sum grant shall be equal to three times
that annual rate.
(4) In this regulation, "serious ill-health"
means ill-health which is such as to give rise to a life expectancy of less than
one year from the date on which commutation of the pension is to take effect.
(5) Before making any decision as to whether a pension
credit member may be entitled under paragraph (1), the appropriate administering
authority must have produced to them or obtain a certificate from an independent
registered medical practitioner as to whether in his opinion the pension credit
member suffers from serious ill-health.
(6) Payment of the commutation payment discharges the
authority's liability to the pension credit member in respect of his pension
credit benefits.
(7) The authority must deduct from the commutation
payment any tax to which they may become chargeable under section 599 of the
Taxes Act.
Appropriate fund and appropriate administering authority
158. For a pension credit member -
(a) the appropriate fund is the fund which is the appropriate fund for the transferor on the transfer date, and
(b) his appropriate administering authority is the adminstering authority of that fund.