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Regulation 119 Payment of benefits to or in respect of a dual capacity memberI1

United Kingdom

(1)

If a person is a dual capacity member of this scheme—

(a)

the benefits that are payable to or in respect of the member in each of the member’s capacities are treated separately for the purposes of these Regulations; and

(b)

the amounts payable to or in respect of the member in each of the member’s capacities are determined accordingly.

(2)

In relation to payment of retirement benefits, paragraph (1) does not affect the interpretation of regulation 49 (exercise of partial retirement option) if a member is both an active member and a pensioner member by virtue of that regulation.

(3)

In relation to payment of death benefits, paragraph (1) does not prevent—

(a)

the calculation under regulation 97 (payment of lump sum death benefit to nominees or personal representatives) of a lump sum payable on the death of an active member of this scheme being made by reference to amounts that are relevant to the member in another capacity;

(b)

the calculation under regulation 98 (members affected by court orders to former spouses and civil partners) on death of a lump sum payable on the death of a deferred member or pensioner member of this scheme being made by reference to amounts that are relevant to the member in both of those capacities; or

(c)

the calculation under regulation 98 of a lump sum payable on the death of—

(i)

a deferred member of this scheme in relation to two or more continuous periods of pensionable service; or

(ii)

a pensioner member of this scheme in relation to two or more continuous periods of pensionable service.

Annotations

Commencement

I1

Reg. 119 in force at 1.4.2022, see reg. 1(4)