# The Teachers' Pensions Regulations 2010, Regulation 108: Lump sums: declaration


(1) This regulation applies where the Secretary of State is proposing to pay a lump sum to a person (P) under—
(a) regulation 58 (phased retirement benefits);
(b) regulation 60 (retirement benefits);
(c) regulation 65 (total incapacity benefits)
(d) regulation 80 (admitted service benefits;
(e) regulation 105 (pension credit retirement benefits);
(f) regulation 116 (election to receive lump sum in place of part of pension);
(g) regulation 118 (commutation: serious ill health);
(h) regulation 119 (commutation: small pensions).
(2) P must, by a date determined by the Secretary of State, provide a declaration in a form specified by the Secretary of State and signed by P that, on payment of the lump sum, paragraph 3A of Schedule 29 to FA 2004 would not apply.
(3) If no such declaration is provided by the date determined by the Secretary of State—
(a) in the case of a lump sum under regulation 58 (phased retirement benefits) the Secretary of State is to treat P's election under regulation 57 (election to receive phased retirement benefits) as never having been made;
(b) in the case of a lump sum under regulation 60 (retirement benefits) regulation 65 (total incapacity lump sum) regulation 80 (admitted service benefits ) or regulation 105 (pension credit retirement benefits)—
(i) the Secretary of State may determine that the lump sum is not payable to P, and
(ii) if the Secretary of State so determines, the Secretary of State must, in place of the lump sum, increase the annual rate of the pension paid under that regulation by an amount representing the value of the lump sum;
(c) in the case of a lump sum under regulation 116 (election to receive lump sum in place of part of pension), regulation 118 (commutation: serious ill health) or regulation 119 (commutation: small pensions), the Secretary of State is to treat P's application under that regulation as never having been made.
(4) The amount representing the value of the lump sum referred to in paragraph (3)(b) is to be determined by the Secretary of State after taking advice from the scheme actuary.

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Source: https://www.legislation.gov.uk/uksi/2010/990/regulation/108 (the official version)
Page: https://openlegislation.uk/teachers-pensions-regulations-2010/regulation-108
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.