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The National Health Service Pension Scheme Regulations 2015
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- UK Statutory Instruments
- 2015 No. 94
- SCHEDULE 3
- PART 2
- Paragraph 6
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Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- reg. 21(2)(f) and word inserted by S.I. 2024/281 reg. 19(3)
- reg. 28(2)(f) and word inserted by S.I. 2024/281 reg. 20(3)
- reg. 30(7)(8) inserted by S.I. 2024/281 reg. 21(4)
- reg. 31(9)(c) inserted by S.I. 2024/281 reg. 22(2)(a)
- reg. 31(11)(12) inserted by S.I. 2024/281 reg. 22(3)
- reg. 68(1)(ea) inserted by S.I. 2024/281 reg. 24(3)
Trivial commutation lump sumE+W
This section has no associated Explanatory Memorandum
6.—(1) The scheme manager may pay a person entitled to a pension under this scheme a lump sum representing the capital value of the pension and of any benefits that might have become payable under the scheme on the person's death apart from the payment if the conditions specified in sub-paragraph (2) are met.
(2) The conditions are that the payment complies with the following requirements (so far as apply)—
(a)the contracting-out requirements [F1mentioned in section 9(2) of the 1993 Act];
(b)the preservation requirements (see section 69(2) of the 1993 Act);
(c)regulation 2 of the Occupational Pension Schemes (Assignment, Forfeiture, Bankruptcy etc.) Regulations 1997 M1;
(d)Part 2 of the Registered Pension Schemes (Authorised Payments) Regulations 2009 M2;
(e)the lump sum rule (see in particular, paragraph 7 of Schedule 29 to the 2004 Act M3: trivial commutation lump sums for the purposes of Part 4 of that Act); and
(f)the lump sum death benefit rule (see, in particular, paragraph 20 of that Schedule M4: trivial commutation lump sum death benefit for the purposes of that Part).
(3) The lump sum must be calculated by the scheme manager in accordance with advice from the scheme actuary.
(4) The payment of a lump sum under this regulation discharges all liabilities of the scheme manager in respect of the pension in question and of any other such benefits as mentioned in sub-paragraph (1).
Textual Amendments
F1Words in Sch. 3 para. 6(2)(a) inserted (1.4.2015) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016 (S.I. 2016/245), regs. 1(8), 84(2) (with reg. 105)
Marginal Citations
M1S.I. 1997/785. Regulation 2 has been amended by S.I. 2002/681, 2005/706, 2006/744 and 2009/2930.
M3Paragraph 7 has been amended by sections 65 and 67 of, and paragraphs 23 and 29 of Schedule 16 and 1, 3, and 4(1) and (3) of Schedule 18 to, the Finance Act 2011 (c.11), section 42(1) of the Finance Act 2014 (c.26) and S.I. 2006/572.
M4Paragraph 20 has been amended by sections 65 and 67 of, and paragraphs 32 and 39 of Schedule 16 and 1, 3, and 6(1) to (3) of Schedule 18 to, the Finance Act 2011 (c.11).
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