# The Local Government Pension Scheme (Scotland) Amendment (No. 2) Regulations 2006, Regulation 23: Commutation: small pensions


For regulation 48 substitute–
“(1) Where a member has become entitled to a retirement pension and the capital value of that pension and of any benefits that might otherwise have become payable on that member’s death would be a trivial commutation lump sum as defined in paragraph 7 of Schedule 29 to the Finance Act 2004, the appropriate administering authority may pay to that member a lump sum representing such capital value.
(2) No payment may be made under paragraph (1) if the pension includes a guaranteed minimum unless the member to whom it is paid has reached state pensionable age or any pension in respect of the guaranteed minimum is otherwise payable.
(3) Where a member has died and the capital value of any long-term pension which is payable to any surviving spouse or civil partner or to or in respect of an eligible child or children would be a trivial commutation lump sum death benefit as defined in paragraph 20 of Schedule 29 to the Finance Act 2004, the appropriate administering authority may pay to the dependant or dependants a lump sum representing such capital value.
(4) The capital value of a pension must be calculated as shown in guidance issued by the Government Actuary.”.

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Source: https://www.legislation.gov.uk/ssi/2006/468/regulation/23 (the official version)
Page: https://openlegislation.uk/local-government-pension-scheme-scotland-amendment-no-2-regulations-2006/regulation-23
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.