78.—(1) The first period for which any retirement pension which is payable immediately on a member leaving scheme employment, begins with the day after the date on which the employment ends where the member has made a claim for payment of that pension before that date.
(2) Where an active member has not claimed payment of the retirement pension before the date on which that member retires, the pension will be payable from a date after the claim is made as notified to the member by the scheme manager.
(3) Where the employer of an active member has determined to pay that member a retirement pension before the member reaches normal pension age in exercise of the powers in regulation 70 (employer initiated retirement), the first period for which the pension is payable begins on the day after the member’s scheme employment ends.
(4) In the case of an active member who to exercises the partial retirement option, the first period for which any retirement pension is payable begins on the date after the date on which the partial retirement option is exercised.
(5) In the case of a deferred member, the first period for which payment of a retirement pension is to be payable begins on the date on which the member attains deferred pension age where a deferred member has claimed payment of a retirement pension unless that member gives written notice to the scheme manager before the member reaches deferred pension age—
(a)requesting to defer payment by notice given to the scheme manager more than three months before the member reaches deferred pension age and any such deferral must not extend beyond the day before the member’s 75th birthday; or
(b)requesting payment of the full retirement pension before deferred pension age after the deduction of the early payment reduction; or
(c)requesting the early payment of the retirement pension under regulation 75 (early payment of retirement pension to deferred member) on grounds of incapacity to undertake regular employment.
(6) Where an active member is entitled to a lower tier ill-health pension or a higher tier ill-health pension under regulation 73 (entitlement to lower tier ill-health pension and higher tier ill-health pension) the first period for which a retirement pension is payable is the day after the date on which the member scheme employment is terminated.
(7) Where a deferred member has made a request referred to in paragraph (5)(c) and is entitled to the early payment of a retirement pension, the first period for which the pension is payable begins on the date on which the deferred member became incapable of undertaking regular employment because of infirmity of body or mind, or if that date cannot be ascertained, from the date of the member’s request to the scheme manager for early payment.
(8) Where a deferred member has made a request referred to in paragraph (5)(a) or (b), the pension will be payable from a date after the claim for it is made which is notified to the member by the scheme manager.
79.—(1) A member who becomes entitled to the immediate payment of a retirement pension may opt under this regulation to exchange part of the pension for a lump sum.
(2) The option may only be exercised—
(a)by written notice to the scheme manager which sets out the amount to be commuted; and
(b)before the first payment of the pension is made.
(3) If a member exercises the option, for every £1 by which the amount of the member’s annual rate of pension is reduced, the member must be paid a lump sum of £12.
(4) A member may not exchange more than the lesser of—
(a)25% of the pension for a lump sum under this regulation; or
(b)the proportion of the pension to the extent that it would result in a scheme chargeable payment(1) for the purposes of Part 4 of the 2004 Act.
(5) This regulation does not apply to a pension derived from pension credit rights if the pension debit member from whose rights the pension is derived has received a lump sum under this regulation before the date on which the pension sharing order takes effect.
(6) This regulation does not apply to a higher tier ill-health pension.
See section 241 of the Finance Act 2004.