SCHEDULES

SCHEDULE 29Registered pension schemes: authorised lump sums—supplementary

Part 2Lump sum death benefit rule

Defined benefits and money purchase arrangements

Trivial commutation lump sum death benefit

20

(1)

A lump sum death benefit is a trivial commutation lump sum death benefit F1if condition A or B is met.

F2(1A)

Condition A is that the lump sum—

(a)

is paid to a dependant entitled under the pension scheme to pension death benefit in respect of the member, and

(b)

extinguishes the dependant's entitlement under the pension scheme to pension death benefit and lump sum death benefit in respect of the member.

(1B)

Condition B is that—

(a)

the lump sum is paid after the member's death to an individual entitled to be paid a pension under the scheme—

(i)

which the member was entitled to be paid immediately before the member's death, and

(ii)

which is payable to the individual under pension rule 2 (see section 165),

(b)

if the pension is an annuity or scheme pension payable by an insurance company, the lump sum extinguishes all entitlements in respect of the member under the contract concerned, and

(c)

if the pension is a scheme pension payable by the scheme administrator, the lump sum extinguishes all entitlements to receive a scheme pension in respect of the member from the scheme administrator under pension rule 2.

(2)

But if the amount of a lump sum falling within sub-paragraph (1) exceeds F3£30,000, the excess is not a trivial commutation lump sum death benefit.

F4(3)

The Treasury may by order substitute for the amount for the time being specified in sub-paragraph (2) such larger amount as is specified in the order.

F521

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