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Public Sector Superannuation Reform (Parliamentary Superannuation) Regulations 2016
41Reduction of pension or other benefit
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### 41 Reduction of pension or other benefit
> > (1) A pension or other benefit payable under this Part is to be reduced, at the time of payment by the Commission, to the extent of the balance of the surchargeable contributions debt account of the relevant member but the pension or other benefit is not reduced for the purposes of [regulation 11](#GS11@EN) .
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> > (2) For the purposes of [subregulation (1)](#GS41@Gs1@EN) , if a person elects to commute all or part of his or her pension entitlement to a lump sum under this Part, that entitlement is to be reduced in accordance with the following formula, before any commutation to a lump sum:
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> > [](/image/prscdacf.gif)
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> > where –
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> > > ***PR*** is the amount by which the pension is to be reduced;
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> > > ***SCDA*** is the balance of the surchargeable contributions debt account attributable to the pension at the time the surcharge liability is payable;
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> > > ***CF*** is the appropriate age, marital and gender factor specified for a pension in force under the [Retirement Benefits Regulations 2005](/view/html/inforce/2026-04-12/sr-2005-077) .
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> > (3) A person who receives an assessment notice in respect of a pension payable under this Part may elect in writing to the Commission to commute sufficient of the person's pension to a lump sum to discharge the balance of his or her surchargeable contributions debt account.
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> > (4) On receipt of an election under [subregulation (3)](#GS41@Gs3@EN) , the Commission must reduce the pension as provided by [subregulation (2)](#GS41@Gs2@EN) and must pay the lump sum to that person to enable that person to discharge the balance of his or her surchargeable contributions debt account.