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Regulation 79 Option to commute part of pension

(1)

A member who becomes entitled to the immediate payment of a retirement 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 pension is made.

(3)

If a member exercises the option, for every £1 by which the amount of the member's annual rate of pension is reduced, the member must be paid a lump sum of £12.

(4)

A member may not exchange F1for a lump sum more than the lesser of—

(a)

25% of the pension F2...under this regulation; or

(b)

the proportion of the pension to the extent that it would result in a scheme chargeable payment M1 for the purposes of Part 4 of the 2004 Act.

(5)

This regulation does not apply to a pension derived from pension credit rights if the pension debit member from whose rights the pension is derived has received a lump sum under this regulation before the date on which the pension sharing order takes effect.

(6)

This regulation does not apply to a higher tier ill-health pension.

Annotations

Textual amendments

F1

Words in Pt. 5 reg. 79(4) inserted (5.7.2024) by The Firefighters’ Pension Schemes and Compensation Scheme (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/130), regs. 1(1), 5(3)(a)(i)

F2

Words in Pt. 5 reg. 79(4)(a) omitted (5.7.2024) by virtue of The Firefighters’ Pension Schemes and Compensation Scheme (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/130), regs. 1(1), 5(3)(a)(ii)

Marginal citations

M1

See section 241 of the Finance Act 2004.