CHAPTER II (SI2000/3025)


PENSION CREDIT MEMBERS AND PENSION CREDIT

Application of the Regulations to pension credit members
     152. Part I (preliminary provisions), regulations 94 (interest on late payment of certain benefits), 95 (payments due in respect of deceased persons) and 96 (non-assignability) and Chapter IV (determinations, information and records) of Part IV (Administration) of these Regulations apply to a pension credit member.

Calculation
     153.  - (1) The annual rate of the pension at normal benefit age shall be the pension calculated as referred to in regulation 147(4), increased in accordance with the Pensions (Increase) Act 1971 and the Pensions (Increase) Act 1974 from the valuation date from the day on which the pension sharing order takes effect. (SI2008/2425)

    (2) The lump sum grant shall be equal to 3 times the annual rate of the pension.

Payment of benefits
     154.  - (1) A pension credit member who attains normal benefit age is entitled to immediate payment of a pension and, if applicable, a lump sum grant.

    (2) The pension and the lump sum grant are payable from the pension credit member's appropriate pension fund.

    (3) The pension is payable for life.

Death grants
     155.  - (1) When a pension credit member dies before he attains the age of 70, the appropriate administering authority shall pay a death grant.

    (2) The amount of the death grant of a pension credit member who dies before his normal benefit age is a lump sum equal to 3 times the annual rate of the pension that would have been paid to him if on the date of his death he had become entitled to a pension.

    (3) The amount of the death grant of a pension credit member who dies after he is in receipt of a pension under this Part is a lump sum equal to 5 times the annual rate of that pension being paid to him at the date of his death but reduced by the amounts of any retirement pension paid to him.

    (4) The appropriate administering authority at their absolute discretion may make payments of a death grant to or for the benefit of the pension credit member's nominee or personal representatives, or any person appearing to the authority to have been his relative or dependant at any time.

    (5) If the appropriate administering authority have not made payments under paragraph (4) equalling in aggregate the pension credit member's death grant before the expiry of the period of 2 years beginning with his death, they must pay an amount equal to the shortfall to the pension credit member's personal representatives.

Commutation: small pensions
     156.  - (1) If the annual rate of the pension to which a pension credit member is entitled is - 

(a) not more than �195, if he has received a lump sum grant, or

(b) otherwise, not more than �260,

the appropriate administering authority may pay him a lump sum representing the capital value of the pension.

    (2) If the pension credit member is entitled to more than one pension under the Scheme, a lump sum is only payable if the aggregate amount payable to that member is less than �195 or �260, as the case may be.

    (3) The capital value of a pension must be calculated as shown in guidance issued by the Government Actuary.

    (4) The payment of a lump sum in respect of a pension due to the pension credit member under this Part discharges the appropriate administering authority from their liability for it.

    (5) The appropriate administering authority must deduct from any payment under this regulation any tax to which they become chargeable under section 599 of the Taxes Act.

Commutation: serious ill-health
     157.  - (1) In circumstances where a pension credit member is suffering from serious ill-health at any time prior to the date when he first becomes entitled to receive a pension under this Part, the whole of that pension may be commuted for a lump sum and the total of - 

(a) that lump sum, and

(b) the lump sum grant (if applicable)

("the commutation payment") may be paid to the pension credit member.

    (2) The lump sum referred to in paragraph (1)(a) shall be equal to five times the annual rate of the pension to which the pension credit member would have been entitled if on the date of commutation he had reached the normal benefit age.

    (3) The lump sum grant shall be equal to three times that annual rate.

    (4) In this regulation, "serious ill-health" means ill-health which is such as to give rise to a life expectancy of less than one year from the date on which commutation of the pension is to take effect.

    (5) Before making any decision as to whether a pension credit member may be entitled under paragraph (1), the appropriate administering authority must have produced to them or obtain a certificate from an independent registered medical practitioner as to whether in his opinion the pension credit member suffers from serious ill-health.

    (6) Payment of the commutation payment discharges the authority's liability to the pension credit member in respect of his pension credit benefits.

    (7) The authority must deduct from the commutation payment any tax to which they may become chargeable under section 599 of the Taxes Act.

Appropriate fund and appropriate administering authority
     158. For a pension credit member - 

(a) the appropriate fund is the fund which is the appropriate fund for the transferor on the transfer date, and

(b) his appropriate administering authority is the adminstering authority of that fund.

(SI2000/3025)