Other miscellaneous discretions

Ref	Regulation	Description	Avon Pension Fund Policy
48	L106A(5) A68(5)	Date to which benefits shown on annual deferred benefit statement are calculated.	APF will decide the date to which benefits shown on the annual benefit statement are calculated. The date will be selected in line with regulatory requirement and best practice.
49	TP3(13), A70(1) & A71(4)(c)	Abatement of pensions following re-employment.	The Fund resolves to abate the pre-1 April 2014 element of pensions in payment following re-employment in accordance with the regulations.
50	R22(3)(c)	The pension account may be kept in such form as is considered appropriate.	Pension accounts are maintained electronically on APF’s pension administration system. Appropriate measures are in place to ensure the administration system meets the requirements of the regulations. This is determined by the Pensions Operations Manager.
51	R83 A52A	To determine where to pay benefits when a person is incapable of managing their affairs (other than an eligible child) whether in whole or part of that person’s pension benefits to another person for their benefit.	APF will pay benefits to a person managing the affairs in accordance with an enduring Power of Attorney. Where there is no Power of Attorney the Fund reserves the right to accept a signed declaration confirming that the pension will be applied for the benefit of the member, in exceptional circumstances.
52	R16(1) R16(4A)	Whether to turn down a request to pay an APC, SCAPC or QAPA by regular contributions over a period of time where it would be impractical to allow such a request (e.g. where the sum being paid is very small and could be paid as a single payment).	APF will turn down a request to pay an APC, SCAPC or QAPA over a period of time where the monthly contribution is less than £10.
53	R16(10)	Whether to require a satisfactory medical before agreeing to an application to pay an APC or SCAPC.	APF will require a member to obtain a medical certificate completed by their doctor, at their own cost, confirming they are in reasonably good health before allowing them to take out a contract to purchase any amount of additional pension by either lump sum or regular monthly deduction.
54	R16(10)	Whether to turn down an application to pay an APC or SCAPC if not satisfied that the member is in reasonably good health.	APF will assess each case on an individual basis. This will be considered by the Pensions Operations Manager.
55	R32(7)	Whether to extend the time limits within which a member must give notice to draw benefits before normal pension age or upon flexible retirement.	APF will extend the time limit that a member must advise of their intention to receive their benefits.
56	R34(1)(a) L49(1) & T14(3)	Decide whether to trivially commute a member’s pension under section 166 of the Finance Act 2004.	APF will allow commutation of a member’s pension on receipt of a signed declaration confirming details of all pension rights held in a HMRC tax-approved pension arrangement and providing the capital value of all benefits do not exceed HMRC limits and subject to all other rules.
57	R34(1)(b) R39(1)(b) L49 & 156 B39 T14(3)	Decide whether to trivially commute a lump sum death benefit under section 168 of the Finance Act 2004.	APF will allow commutation of a survivor’s pension where the total value of the trivial commutation death benefit due under the LGPS does not exceed HMRC limits and subject to all other rules.
58	R34(1)(c) R39(1)(c)	Decide whether to pay a commutation payment under regulations 6 (payment after relevant accretion), 11 (de minimis rule for pension schemes) or 12 (payments by larger pension schemes) of the Registered Pension Schemes (Authorised Payments) Regulations 2009 (excludes survivor pensions and includes pension credit members where the effective date of the Pension Sharing Order is after 31 March 2014 and the debited member had some post 31 March 2014 membership of the 2014 Scheme). (excludes survivor pensions and pension credit members).	APF will allow commutation of a member’s pension where the total value of the commutation payment from trivialising all benefits held in the LGPS does not exceed HMRC limits and subject to all other rules.
59	R49(1)(c) B42(1)(c)	Decide, in the absence of an election from the member, which benefit is to be paid where the member would be entitled to a benefit under two or more regulations in respect of the same period of Scheme membership.	APF will proceed with what it considers to be the most advantageous decision to the member.
60	L50 &L157	Decide whether to commute benefits due to exceptional ill-health (including Pension Credit members where the effective date of the Pension Sharing Order was pre 1 April 2014 or where the effective date of the Pension Sharing Order is after 31 March 2014 but the debited member had no post 31 March 2014 membership of the 2014 Scheme).	APF will provide a member with the option to commute to a lump sum payment in lieu of a pension where the member has a serious life limiting condition.
61	L147	Discharge Pension Credit liability.	APF will discharge pension credit liabilities by conferring appropriate rights under the scheme on the ex-spouse or ex-civil partner. Alternatively, the ex-spouse or ex-civil partner may request a transfer of those rights to a HMRC tax-approved pension arrangement.