OpenLegislation

Regulation 71A Option to commute part of an equivalent amountF1

(1)

A member who becomes entitled to the immediate payment of an equivalent amount to the NFPS lower tier ill-health pension or to an equivalent amount to the 1992 Scheme lower tier ill-health pension may opt under this regulation to exchange part of the pension for a lump sum.

(2)

The option may only be exercised—

(a)

by written notice to the scheme manager which sets out the amount to be commuted; and

(b)

before the first payment of the equivalent amount to the NFPS lower tier ill-health pension or to an equivalent amount to the 1992 Scheme lower tier ill-health pension is made.

(3)

Where the person is entitled to the immediate payment of an equivalent amount to the NFPS lower tier ill-health pension and exercises the option to commute under this F2regulation, the lump sum is calculated—

(a)

in the case of a person who is a connected member of the NFPS in accordance with paragraphs (2) and (4) of rule 9 (commutation : general) of Part 3 of the NFPS, and

(b)

in the case of a person who is a connected special member of the NFPS in accordance with paragraphs (2A), (4) and (4A) of rule 9 of Part 3 of that Scheme.

(F34)

Where the person is entitled to the immediate payment of an equivalent amount to the 1992 Scheme lower tier ill-health pension and exercises the option to commute under this regulation, the lump sum is calculated in accordance with rule B7 (commutation-general provision) of the 1992 Scheme.

Annotations

Textual amendments

F1

Reg. 71A inserted (1.4.2015) by The Firefighters’ Pension Scheme (England) (Transitional and Consequential Provisions) Regulations 2015 (S.I. 2015/589), reg. 1(2), Sch. 1 para. 5(f)

F2

Word in reg. 71A(3) substituted (with effect from 1.4.2015) by The Firefighters’ Pension Scheme (England) (Amendment) Regulations 2017 (S.I. 2017/888), regs. 1(1)(2), 5(4)(a)

F3

Reg. 71A(4) inserted (with effect from 1.4.2015) by The Firefighters’ Pension Scheme (England) (Amendment) Regulations 2017 (S.I. 2017/888), regs. 1(1)(2), 5(4)(b)