# The Teachers' Pensions (Amendment) Regulations 2004, Regulation 15: Amendment of the Teachers' Pensions Regulations 1997


After regulation E19 insert the following—
“Commutation: trivial pensions
E19A. (1) Where a person has become entitled to a retirement pension of a trivial amount, the Secretary of State may pay to that person a lump sum representing the capital value of that pension and of any benefits that might otherwise have become payable on that person’s death.
(2) A pension may not be treated as trivial if it includes a guaranteed minimum unless the person has reached state pensionable age or any pension in respect of the guaranteed minimum is otherwise payable.
(3) A pension may be treated as trivial only if the aggregate of all benefits does not exceed £260 per annum.
(4) Any lump sum payable under this regulation will be calculated by the Secretary of State, after taking advice from the Government Actuary.
(5) A deduction is to be made from any payment under this regulation for the amount of tax chargeable in respect of it under section 599 of the Taxes Act.
(6) A payment under this regulation shall discharge the Secretary of State’s liability in respect of that pension and of any benefits that might otherwise have become payable on that person’s death.”.

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Source: https://www.legislation.gov.uk/uksi/2004/587/regulation/15 (the official version)
Page: https://openlegislation.uk/teachers-pensions-amendment-regulations-2004/regulation-15
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.