4

Subject to paragraph (5), where a member leaves superannuable employment on or after the 1st April 2008 becomes entitled to a pension under this regulation, the Department may discharge its liability for that pension by payment of a lump sum of an amount consistent—

a

with the contracting-out preservation requirements of the 1993 Act;

b

the lump sum rule.

5

A lump sum payment under paragraph (4) may be made only if the Department is satisfied that it is appropriate in all the circumstances having regard to the life expectancy of the member.

6

For the purposes of paragraph (5), the Department may require whatever medical evidence that it considers necessary.

7

The amount of the lump sum payable under paragraph (4)—

a

will be equal to 5 times the yearly rate of the member’s pension (calculated in accordance with this regulation); and

b

shall be payable in addition to the lump sum on retirement payable under regulation 17 (which shall not be subject to any reduction under regulation 17(3)) and the lump sum in place of part of a pension payable under regulation 17A.

8

For the purposes of calculating the amount of lump sum payable under paragraph (7), the member will be treated as if he had made an election under regulation 17A to receive the maximum amount of a further lump sum payable under that regulation.