The Local Government Pension Scheme (Miscellaneous) Regulations 2012

Amendment of the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007

17.  In regulation 39 (commutation and small pensions)(1), for paragraph (1) substitute—

“(1) Any authorised payments within the meaning of section 164 (authorised member payments) of the Finance Act 2004(2) (“the 2004 Act”) listed in sub-paragraphs (a) to (c) may be paid in accordance with the rules relating to the payment of such benefits under that Act or relevant regulations under that Act—

(a) a lump sum which is a trivial commutation lump sum within the meaning of section 166 (lump sum rule) of the 2004 Act;

(b) a trivial commutation lump sum death benefit within the meaning of section 168 (lump sum death benefit rule) of that Act; or

(c) a commutation payment under regulation 6 (payment after relevant accretion) of the Registered Pension Schemes (Authorised Payments) Regulations 2009(3).”.

(1)

Regulation 39 was amended by S.I. 2008/1083.

(2)

2004 c. 12; section 164 was amended by the Finance Act 2006 (c. 25), the Finance Act 2008 (c. 9), the Finance Act 2009 (c. 10) and the Finance Act 2011 (c. 11).

(3)

S.I. 2008/238; section 164(1)(f) of the Finance Act 2004 provides that a description of authorised payments may be prescribed by regulations.