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10. After paragraph (2) of regulation F2 of the Pension Scheme Regulations (member dies after pension becomes payable), add—
“(3) A person who retires from pensionable employment on, or after, 6th April 2006 may give notice to the scheme administrator in accordance with paragraph (3A) below that any lump sum payable under this regulation is to be treated as a pension protection lump sum death benefit in accordance with paragraph 14 of Part 2 of Schedule 29 to the 2004 Act.
(4) Such a notice—
(a)shall be given in writing; and
(b)may be revoked in writing at any time.
(5) A lump sum paid under this regulation in respect of a member who became entitled to a pension under regulations E1 to E5 or L1 before 6th April 2006, shall be treated as a pension protection lump sum death benefit but regulation T2A (11) shall not apply.”.
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