# The Judicial Pensions Regulations 2022, Regulation 121: Commutation of small pensions

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

(1) This regulation applies if—
(a) the pension entitlement of a single capacity member or the pension entitlement of a single capacity member’s beneficiary does not exceed the small pensions commutation maximum; or
(b) the total pension entitlement of a dual capacity member or the total pension entitlement of a dual capacity member’s beneficiary does not exceed the small pensions commutation maximum.
(2) The scheme manager may, subject to paragraph (4), pay the member or the member’s beneficiary a lump sum of an amount advised by the scheme actuary as representing the cash value of the pension if—
(a) the member or the member’s beneficiary consents to receipt of a lump sum in place of the pension; and
(b) the requirements of the commutation provisions that apply in the circumstances, had this scheme been a registered pension scheme, are met.
(3) The lump sum under paragraph (2) may only be paid before the first payment of the pension is made.
(4) The scheme manager may not pay a lump sum under paragraph (2) which would be a trivial commutation lump sum had this scheme been a registered pension scheme where—
(a) the member has been paid—
(i) a trivial commutation lump sum under the 2015 Regulations or from any registered pension scheme; or
(ii) a lump sum from the FPJR 2017 which would have been a trivial commutation lump sum had that scheme been a registered pension scheme; and
(b) a period of 12 months has elapsed from the date of that payment (or the earlier or earliest such payment where there is more than one).
(5) The payment of a lump sum under this regulation in place of a pension discharges all liabilities under this scheme in respect of that pension.
(6) In this regulation—
“the commutation provisions” means the provisions permitting the commutation of pensions set out in—
(a) paragraph 7 of Schedule 29 (registered pension schemes: authorised lump sums - supplementary) to FA 2004 (which defines trivial commutation lump sums for the purposes of Part 4 of that Act) and, in relation to a pension payable under Part 8, paragraph 20 of that Schedule (which defines trivial commutation lump sum death benefit for the purposes of Part 4 of that Act); and
(b) Part 2 (commutation payments) of the Registered Pension Schemes (Authorised Payment) Regulations 2009;
“single capacity member” means a member of this scheme who is not a dual capacity member; and
“the small pensions commutation maximum” means the amount that is permitted to be commuted taking account of all sources of pension and having regard to the commutation provisions that apply in the circumstances, had this scheme been a registered pension scheme.

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Source: https://www.legislation.gov.uk/uksi/2022/319/regulation/121 (the official version)
Page: https://openlegislation.uk/judicial-pensions-regulations-2022/regulation-121
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.