(4) A pension credit member may elect in writing to the appropriate administering authority for benefits payable under paragraph (1) to be paid at or after age 60 (but before normal benefit age), and such benefits must be reduced by the amounts as are shown to be appropriate in guidance issued by the Secretary of State. (SI 2010/2090)
Death grants
155. - (1) When a pension credit
member dies before he attains the age of 70, the appropriate administering
authority shall pay a death grant.
(2) The amount of the death grant of a pension credit
member who dies before his normal benefit age retirement benefits come into payment (SI 2010/2090), is a lump sum equal to 3 times the
annual rate of the pension that would have been paid to him if on the date of
his death he had become entitled to a pension.
(3) The amount of the death grant of a pension credit
member who dies after he is in receipt of a pension under this Part is a lump
sum equal to 5 times the annual rate of that pension being paid to him at the
date of his death but reduced by the amounts of any retirement pension paid to
him.
(4) The appropriate administering authority at their
absolute discretion may make payments of a death grant to or for the benefit of
the pension credit member's nominee or personal representatives, or any person
appearing to the authority to have been his relative or dependant at any time.
(5) If the appropriate administering authority have not
made payments under paragraph (4) equalling in aggregate the pension credit
member's death grant before the expiry of the period of 2 years beginning with
his death, they must pay an amount equal to the shortfall to the pension credit
member's personal representatives.
Commutation: small pensions
156. - (1) If the annual rate of the
pension to which a pension credit member is entitled is -
(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.