Regulation 2 Commutation of a pension under an occupational pension scheme

any amount payable as a lump sum to—

the scheme is being wound up and the aggregate amount of all benefits payable as a lump sum to—

the rights of the member consist only of rights derived from equivalent pension benefits under Part III of the National Insurance Act 1965; and

either—

section 91(5)(c)(ii) of the 1995 Act the circumstances where the payment of a lump sum to a person is permitted in accordance with any of paragraphs (a) to (e) of the lump sum death benefit rule in section 168 of the Finance Act 2004 (lump sum death benefit rule);

section 91(5)(c)(iii) of the 1995 Act the circumstances where a person has reached normal minimum pension age but has not retired F5for the purposes of subsection (5)(c)(i) of that section, and the payment of a lump sum to the person is permitted in accordance with paragraph (a) F6, (aa) or F7, (ba)F8... of the lump sum rule in section 166 of the Finance Act 2004 (lump sum rule).

the trustees or managers of the scheme have sent to the member’s last known address written notice of their intention to commute his rights derived from equivalent pension benefits under Part III of the National Insurance Act 1965; and

no response has been received from the member before the end of the period of two months beginning with the date on which the notice was sent.