# Finance Act 2004, Paragraph 14

Extent: E+W+S+N.I.

(1) For the purposes of this Part a lump sum death benefit is a pension protection lump sum death benefit if—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) it is paid in respect of a defined benefits arrangement,
(c) it is paid in respect of a scheme pension to which the member was entitled at the date of the member’s death, and
(d) the member has specified that it is to be treated as a pension protection lump sum death benefit (instead of a defined benefits lump sum death benefit).
(2) But if the amount of a lump sum falling within sub-paragraph (1) exceeds the pension protection limit, the excess is not a pension protection lump sum death benefit.
(3) The pension protection limit is—
AC-AP-TPLSwhere—
B and C have the same meaning as they have for the purposes of paragraph 2C(2);
AP is the amount of the pension paid in respect of the period between the member becoming entitled to the pension and the member’s death, and
TPLS is the total amount of pension protection lump sum death benefit previously paid in respect of the pension under this paragraph.

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Source: https://www.legislation.gov.uk/ukpga/2004/12/schedule/29/paragraph/14 (the official version)
Page: https://openlegislation.uk/finance-act-2004/schedule-29/paragraph-14
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.