The Public Service Pension Schemes (Rectification of Unlawful Discrimination) (Tax) (No. 2) Regulations 2023
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Change 1
8 Commutation payment: lump sum already paid
(1) Paragraph (2) applies where— (a) an individual has been paid a lump sum that, disregarding the operation of the relevant rectification provisions, is a small pot lump sum, and (b) as a result of the operation of a relevant rectification provision, the condition in regulation 11(1)(e) or 12(1)(f) of RPS(AP)R 2009 (payment extinguishes the member’s entitlement to benefits), as the case may be, has ceased to be met in relation to the lump sum. (2) The lump sum is treated as, and is treated as always having been, a small pot lump sum. (3) In this regulation, “small pot lump sum” means a payment made in accordance with regulation 11 or 12 of RPS(AP)R 2009, as the case may be.
8 Commutation payment: lump sum already paid
(1) Paragraph (2) applies where— (a) an individual has been paid a lump sum that, disregarding the operation of the relevant rectification provisions, is a small pot lump sum, and (b) as a result of the operation of a relevant rectification provision, the condition in regulation 11(1)(e) or 12(1)(f) of RPS(AP)R 2009 (payment extinguishes the member’s entitlement to benefits), as the case may be, has ceased to be met in relation to the lump sum. (2) The lump sum is treated as, and is treated as always having been, a small pot lump sum. (3) In this regulation, “small pot lump sum” means a payment made in accordance with regulation 11 or 12 of RPS(AP)R 2009, as the case may be.
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