The National Health Service Pension Scheme (Additional Voluntary Contributions) Regulations 2000

Payments by the Secretary of StateE+W

15.—[F1(1) Subject to paragraph (2), where an authorised provider [F2or a selected authorised provider] fails to pay any amount due by way of—

(a)an annuity,

(b)a pension commencement lump sum,

(c)a lump sum death benefit, or

(d)a lump sum payment referred to in regulation 11(1B) or (1C),

the Secretary of State shall be liable to pay that amount.]

(2) Where, on or after the date on which these Regulations come into force, a participator [F3or a person entitled to a pension credit] elects for benefits to be provided by an authorised provider other than the provider selected by the Secretary of State, the Secretary of State shall not be liable under paragraph (1).

(3) Lump sums payable as mentioned in regulation [F411(1B), 11(1C), 11(4), ] 11(7) or 12 [F5or paragraph 3(2), 8 or 9 of Schedule 2] shall be paid—

(a)to the deceased’s spouse [F6, nominated partner] [F7or civil partner]; or

(b)to the deceased’s personal representatives if—

(i)there is no spouse [F8, nominated partner] [F7or civil partner]; or

[F9(ii)a notice has been given in accordance with—

(aa)regulation F5 of the 1995 Regulations (payment of lump sum); or

(bb)regulation 2.E.21 or 3.E.21 of the 2008 Regulations (payment of lump sum on death); or

(cc)paragraph 11 of Schedule 2,

that the spouse is not to receive the payment.]

(4) Lump sums payable under regulation [F1011(1B), 11(1C),] 11(8) or 14(1) shall be paid to the participator.

F11(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) Subject to paragraph (11) below, in the case of a participator to whom any of regulations E1 to E5 or L1 [F12of the 1995 Regulations (benefits for members, or preserved pension) or regulation 2.D.1, 2.D.4, 2.D.5, 2.D.8, 2.D.10, 2.D.11, 3.D.1, 3.D.4, 3.D.5, 3.D.7 or 3.D.9 of the 2008 Regulations (normal retirement pensions, actuarially reduced pensions, ill health and early retirement pensions) applies], the Secretary of State may realise such part of the investments made under these Regulations as is derived from an contributions made by the participator’s employer without purchasing an annuity and, in that event, the amount shall be payable to the participator as a lump sum.

[F13(11) In the case of a participator to whom any of the following provisions apply—

(a)regulation E2(7), E2A(7) or L1(5) of the 1995 Regulations (ill health pensions and preserved pension);

(b)regulation 2.D.15 or 3.D.11 of the 2008 Regulations (option for members in serious ill health to exchange whole pension for lump sum),

the Secretary of State may realise the investments made under these Regulations without purchasing an annuity and, in that event, the proceeds shall be payable to the participator as a lump sum.]

Textual Amendments

Commencement Information

I1Reg. 15 in force at 10.4.2000, see reg. 1(2)