The Parliamentary Pensions (Consolidation and Amendment) Regulations 1993

• (2) The Trustees shall not grant a gratuity under this regulation in respect of a person who was a participant at any time on or after 1st April 1992 if the amount of any such gratuity would be less than the amount of any lump sum or the aggregate of any lump sums payable by virtue of regulation M4(2) or regulation M7.

• (3) For the purpose of determining the amount of a gratuity which may be granted in respect of a pensioner under this regulation, there shall be calculated—

• (a) the amount of the gratuity which the Trustees could have granted to his personal representatives under regulation L1 above if he had died at a time when he was a participant; and

• (b) the aggregate amount of the payments made to him by way of pension under Part F, Part H or Part J together with any lump sum paid to him under regulation G1;

and the amount of the gratuity shall be the amount (if any) by which the amount calculated under sub-paragraph (a) exceeds the amount calculated under sub-paragraph (b) of this paragraph.

PART M — FIVE YEAR GUARANTEE

Entitlement

M1

• (1) Regulations M2, M3, M4, M5 and M6 shall apply in respect of a deceased pensioner Member whose actual period of reckonable service as a participating Member includes service at any time on or after 1st April 1992.

• (2) Regulation M7 shall apply in respect of—

• (a) a deceased pensioner office holder whose actual period of reckonable service as an office holder includes service at any time on or after 1st April 1992; and

• (b) a deceased pensioner to whom paragraph (1) applies whose actual period of reckonable service as a participant includes service as a participating office holder at any time.

• (3) Part M shall be deemed to have come into force on 1st April 1992.

Guarantees for widows and widowers

M2

• (1) Where a pensioner Member dies during the pensioner Member’s five year period and is survived by a widow or widower, paragraphs (2) to (6) of this regulation shall apply.

• (2) If for any part of the pensioner Member’s five year period, the aggregate of the following amounts namely—

• (a) the amount payable to the widow or widower by way of pension under regulation K2 apart from this paragraph (including any enhancement payable under regulation K5); and

• (b) any amount which (by direction of the Trustees under regulation K3(4)) is payable by way of pension under regulation K3 for the benefit of any relevant child or children of the deceased pensioner Member,

is less than the amount mentioned in paragraph (3) of this regulation, then for that part of that period the difference shall be payable to the widow or widower.

• (3) The said amount is the amount which, if the deceased pensioner Member had lived, would have been payable to him for the part of the pensioner Member’s five year period in question by way of pension under regulation F1 (including an early retirement pension or an ill-health pension payable by virtue of regulation H1, J1 or J3).

• (4) If the widow or widower of the deceased pensioner Member dies during the pensioner Member’s five year period, there shall be paid to the personal representatives of the widow or widower a lump sum which shall be calculated by deducting the amount mentioned in sub-paragraph (a) below from the amount mentioned in sub-paragraph (b) below—

• (a) the total of any pensions which (by direction of the Trustees under regulation K3(4)) would have been payable under regulation K3 for the benefit of any relevant child or children of the deceased pensioner Member if the annual sum payable under regulation K3(2) (after the death of the widow or widower of the deceased pensioner Member) in respect of each relevant child had continued during the period ending on the pensioner Member’s children’s prospective pension end date for that child;

• (b) the amount which would have been payable to the deceased pensioner Member if the annual amount of the pension to which he was entitled under regulation F1 (including an early retirement pension or an ill health pension payable by virtue of regulation H1, J1 or J3) were to have been paid to him during the remainder of the pensioner Member’s five year period.

• (5) In this Part, “the pensioner Member’s five year period” means the period of five years beginning with the day on which he became entitled to receive a pension or pensions under regulation F1 (including an early retirement pension or an ill health pension payable by virtue of regulation H1, J1 or J3).

• (6) In this Part, “the pensioner Member’s children’s prospective pension end date” means, in respect of any relevant child of a deceased pensioner Member the sooner of,

• (a) and

• (i) the date before that on which that child reaches seventeen years of age; or

• (ii) if the child is within his period of full time education as defined by Schedule 6, such later date as the Trustees may determine being no later than the date before that on which the child reaches twenty two years of age;

• (b) the end of the pensioner Member’s five year period.

Guarantees where children but no spouse survive

M3

• (1) Where a pensioner Member dies during the pensioner Member’s five year period and is survived by a relevant child or children, but no spouse, paragraph (2) of this regulation shall apply.

• (2) There shall be paid to the personal representatives of the deceased pensioner Member a lump sum which shall be calculated by deducting the amount mentioned in subparagraph (a) below from the amount mentioned in subparagraph (b) below—

• (a) the total of any pensions payable under regulation K3 (by direction of the Trustees under regulation K3(4)) for the benefit of any relevant child or children of the deceased pensioner Member, if the annual sum payable under regulation K3(2) (after the death of the pensioner Member) in respect of each relevant child were to continue during the period ending on the pensioner Member’s children’s prospective pension end date for that child;

• (b) the amount which would have been payable to the deceased pensioner Member if the annual amount of the pension to which he was entitled under regulation F1 (including an early retirement pension or an ill health pension payable by virtue of regulation H1, J1 or J3) were to have been paid to him during the remainder of the pensioner Member’s five year period after his death.

Guarantees where no survivors

M4

• (1) Where a pensioner Member dies within the pensioner Member’s five year period and is not survived by his spouse nor by any relevant child or children, paragraph (2) of this Regulation shall apply.

• (2) There shall be paid to the personal representatives of the deceased pensioner Member a lump sum calculated as if the annual amount of the pension to which he was entitled under regulation F1 (including an early retirement pension or an ill health pension payable by virtue of regulation H1, J1 or J3) were to be paid to him during the remainder of the pensioner Member’s five year period after his death.

• (3) This regulation shall not apply if a gratuity is granted under regulation L2.

Remarriage or cohabitation of surviving spouse

M5

• (1) If during a deceased pensioner Member’s five year period—

• (a) the widow or widower of that deceased pensioner Member remarries or cohabits with another person; and

• (b) the Trustees direct that the widow’s or widower’s pension be paid or restored under regulation K2(3) or (4);

the Trustees may direct that payments under regulation M2(2) shall continue until the end of the pensioner Member’s five year period or until such earlier date as the Trustees may in their discretion think fit.

• (2) If, during a deceased pensioner Member’s five year period

• (a) the widow or widower of that deceased pensioner Member remarries or cohabits with another person; and

• (b) the Trustees direct that only the guaranteed minimum pension to which the widow or widower is entitled to be paid;

the Trustees may direct that a lump sum be paid to the personal representatives of the deceased calculated as follows:

• (i) if the Trustees direct under regulation K3(3) that the pensions payable to any relevant child or children of the deceased shall for exceptional reasons be payable, by deducting the total of the guaranteed minimum pension payable to the widow or widower during the remainder of the pensioner Member’s five year period from the amount calculated in accordance with regulation M3(2); or

• (ii) otherwise, by deducting the total of the guaranteed minimum pension payable to the widow or widower during the remainder of the pensioner Member’s five year period from the amount calculated in accordance with regulation M4(2);

or, in either case, any such lesser sum as the Trustees may in their discretion think fit.

Early termination of child’s period of full time education

M6

If

• (a) a sum has been paid to the personal representatives of the widow or widower of a deceased pensioner Member under regulation M2(4) or to the personal representatives of a deceased pensioner Member under regulation M3(2); and

• (b) the period of full time education of any relevant child of the deceased pensioner Member has come to end on a date earlier than the pensioner Member’s children’s prospective pension end date for that child used in the calculation of that sum;

the Trustees may pay a further sum to the said personal representatives calculated by deducting the amount mentioned in sub-paragraph (ii) below from the amount mentioned in sub-paragraph (i) below—

• (i) the total of any pensions which would have been payable for the benefit of that child if the payments had continued until his pensioner Member’s children’s prospective pension end date;

• (ii) the total of the pensions which have been paid for his benefit.

Deceased pensioner office holders

M7

• (1) Regulations M2, M3, M4, M5 and M6 shall apply in relation to a deceased pensioner office holder and his or her widow or widower and any relevant child or children as they apply in relation to a deceased pensioner member and his or her widow or widower and relevant child or children but where those Regulations apply in relation to a deceased pensioner office holder—

• (a) any reference to “pensioner Member” shall be construed as a reference to “pensioner office holder”; and

• (b) any reference to “the pensioner member’s children’s prospective pension end date” shall be construed as a reference to “the pensioner office holder’s children’s prospective pension end date”; and

• (c) any reference to “the pensioner member’s five year period” shall be construed as a reference to “the pensioner office holder’s five year period”; and

• (d) any reference to regulation F1 shall be construed as a reference to regulation F3; and

• (e) any reference to regulation H1 shall be construed as a reference to regulation H2; and

• (f) any reference to regulation J1 shall be construed as a reference to regulation J2; and

• (g) any reference to regulation J3 shall be construed as a reference to regulation J4.

• (2) In this Part—

• “the pensioner office holder’s children’s prospective pension end date” means, in respect of any relevant child of a deceased pensioner office holder, the sooner of— the date before that on which the child reaches seventeen years of age; or if the child is within his period of full time education as defined by Schedule 6, such later date as the Trustees may determine being no later than the date before that on which the child reaches twenty-two years of age; and the end of the pensioner office holder’s five year period;

• “the pensioner office holder’s five year period” means the period of five years beginning with the day on which he became entitled to receive a pension under regulation F3 (including an early retirement pension or an ill health pension payable by virtue of regulation H2, J2 or J4).

PART N — Refunds

Refund to contributor

N1

• (1) Subject to paragraphs (3) and (6) below contributions paid by a person and not previously refunded to him, shall be refunded to him by the Trustees, with interest from the dates on which the contributions were paid respectively, if he requests the Trustees to refund the contributions to him and, on the date of that request, the conditions specified in the next following paragraph are fulfilled in relation to him.

• (2) The conditions referred to in paragraph (1) of this regulation are that—

• (a) the person has ceased to be a participant on or after 1st January 1972;

• (b) his aggregate period of reckonable service as a participant is less than two years;

• (c) he has not become Prime Minister and First Lord of the Treasury, Speaker of the House of Commons or Lord Chancellor; and

• (d) he has not become entitled to a pension under these Regulations.

• (3) A person shall not be entitled to a refund of the contributions paid by him, if that person is a person who in the case of a man had ceased to be a participant during or on a date after the end of the tax year in which he attains the age of sixty-five years or in the case of a woman had ceased to be a participant during or on a date after the end of the tax year in which she attained the age of sixty years.

• (4) If, after the refund of contributions to him under this regulation, the person becomes entitled to pay and pays contributions under regulation D1 or regulation D2, he may—

• (a) if he so desires, and makes the repayment before the end of the period of three months beginning with the date on which he becomes so entitled, or

• (b) after the end of that period, if the Trustees so allow,

repay to the Trustees the sum so paid to him, with interest from the date on which it was paid to him provided that in any tax year the amount of the repayment together with—

• (i) the contributions made by him under regulation D1 or regulation D2; and

• (ii) any contributions made by him under regulation Q1; and

• (iii) any other additional voluntary contributions

shall not exceed 15 per cent of his salary as a Member of the House of Commons or as an office holder or both or, in the case of a person who became a participant on or after 1st June 1989, the smaller of 15 per cent of that salary or salaries and 15 per cent of the permitted maximum; and any sum to be paid to the trustees under this paragraph may, if the Trustees so allow, be paid by instalments over such period, not exceeding three years, as the Trustees think fit.

• (5) Any amount (whether of principal or interest) paid by the participant to the Trustees under paragraph (4) of this regulation shall be treated for the purposes of this regulation as if it were a contribution paid by him at the time when he makes that payment.

• (6) The Trustees shall deduct from the amount of any contributions which may be repaid to a person in accordance with the provisions of this regulation the amount certified by the Secretary of State in accordance with Section 47(2) of the Pensions Act 1975 in respect of that person.

• (7) For the purpose of calculating a person’s actual period of reckonable service as a participant, no account shall be taken of any period in respect of which contributions paid by that person have been—

• (a) refunded to him under this regulation; and

• (b) not subsequently repaid by him to the Trustees.

Refund after death

N2

Where a person has died on or after 1st January 1972—

• (a) without leaving a widow, widower or relevant child who is, or may become, entitled in respect of that person to receive a pension under regulations K2 or K3; and

• (b) in circumstances where the conditions specified in sub-paragraphs (a), (c) and (d) of paragraph (3) of regulation N1 were fulfilled in relation to him, but where he had not made a request for a refund of contributions under that section,

the Trustees shall refund to his personal representatives the contributions paid by the participant and not previously refunded to him, with interest from the dates on which the contributions were paid respectively.

Refund of Prime Ministers' and Speakers' contributions

N3

• (1) In respect of any person who has paid contributions and who at any time after these Regulations come into force has been appointed or elected Prime Minister and First Lord of the Treasury or Speaker of the House of Commons, the Trustees shall pay into the Consolidated Fund not less than three months after the date of his appointment or election to that office the sum specified in paragraph (2) below.

• (2) The sum referred to in paragraph (1) above—

• (a) in the case of a person who has exercised the option in regulation C2, shall be such sum as represents the value, as at the effective date of the option, of his pension rights (if any) accrued under Part I of the 1972 Act in respect of his participation in the Parliamentary pension scheme on or before 27th February 1991; or

• (b) in the case of a person who has not exercised the option in regulation C2, shall be such sum as represents the value of his accrued pension rights under Part I of the 1972 Act or under these Regulations.

• (3) For the purposes of paragraph (2) above, the value of a person’s accrued pension rights under Part I of the 1972 Act or under these Regulations shall be taken to be such sum as for those purposes may be certified by, or calculated in accordance with tables prepared by, the Government Actuary.

• (4) In the case of a person who, after these Regulations come into force, is appointed or elected to the office of Prime Minister and First Lord of the Treasury or Speaker of the House of Commons, there shall be refunded to him out of the Consolidated Fund (or, if he has died, to his personal representative), not less than three months after the date of his appointment or election to that office—

• (a) if he has exercised the option in regulation C2, that part (if any) of the sum paid into the Consolidated Fund under paragraph (1) above which represents the aggregate of the contributions paid by him into the Fund before 28th February 1991; or

• (b) if he has not exercised the option in regulation C2, the aggregate of the contributions paid by him into the Fund at any time and not previously refunded.

• (5) Within three months of the date when these Regulations come into force, there shall be refunded from the Consolidated Fund to each of the persons who on 1st December 1993 held the offices of Prime Minister and First Lord of the Treasury and Speaker of the House of Commons (or, if either of them has died, to his personal representative) the sum which represents the aggregate of the contributions paid by him into the Fund.

• (6) Any refund under paragraph (4) or (5) above shall be paid with interest from the dates on which the contributions were paid respectively.

Refund of Lord Chancellors' contributions

N4

• (1) In respect of any person who has paid contributions and who at any time has become Lord Chancellor, the Trustees shall pay into the Consolidated Fund such sum as represents the value of his pension rights accrued under these Regulations or under Part I of the 1972 Act.

• (2) For the purposes of paragraph (1) above the value of a person’s accrued pension rights shall be taken to be such sum as for those purposes may be certified by, or calculated in accordance with tables prepared by, the Government Actuary.

• (3) In the case of a person who has ceased to hold office as Lord Chancellor or has died while holding that office, there shall be refunded to him, or (as the case may be) to his personal representative, out of the Consolidated Fund the aggregate of the contributions paid by him and not previously refunded, with interest from the dates on which the contributions were paid respectively.

Deduction of tax from refunds of contributions

N5

• (1) On making any repayment of contributions (including interest on contributions) under regulation N1, the Trustees shall be entitled to deduct from the repayment any tax to which they may become chargeable under subsection 2 of section 598 of the Taxes Act 1988 [^f00014] (charge to tax: repayment of employee’s contributions).

• (2) In the case of any person entitled to a refund of contributions (including interest on contributions) under regulation N3 or regulation N4 there shall be deducted from the payment the amount of tax payable under subsection 2 of section 598 of the Taxes Act 1988 and where

• (a) any part of an amount falling to be reduced under this paragraph represents a sum paid for the purchase of added years; and

• (b) that sum was so paid otherwise than in respect of an obligation that required the making of periodical payments (whether by way of deduction from salary or otherwise) over a period of five years or more,

there shall be disregarded, for the purposes of calculating the amount of the reduction to be made under this paragraph, so much of that part of the amount falling to be reduced as does not represent interest on that sum.

Deemed contributions

N6

For the purposes of regulations N3(4) and N4(3) any payments made by a person for the purchase of added years shall be treated as contributions.

PART P — Transfers

Transfers to other pension schemes

P1

• (1) At the request of any person who has been a participant but who has ceased to be either—

• (a) a Member of the House of Commons, or

• (b) an officer holder

and who (in either case) has not become entitled to a pension under these Regulations or under the 1972 Act or under Part II 1965 Act other than a guaranteed minimum pension, the Trustees shall pay into or for the purposes of any one, or more than one, scheme or annuity to which this regulation applies, a sum or sums representing the transfer value of that person’s accrued pension rights in the Fund.

• (2) This regulation applies to any scheme or annuity which satisfies the requirements prescribed by regulations made under paragraph 13(2) of Schedule 1A to the Pensions Act 1975[^f00015].

• (3) Where a person has required the Trustees to pay a transfer value to or for the purposes of any one or more than one scheme or annuity which does not include—

• (a) a contracted-out scheme; or

• (b) an appropriate personal pension scheme; or

• (c) a self-employed arrangement within the meaning of regulation 2D of the Occupational Pension Schemes (Transfer Values) Regulations 1985[^f00016] or regulation 2A of the Personal Pension Schemes (Transfer Values) Regulations 1987[^f00017],

the Trustees shall pay a state scheme premium in respect of that person and sub-paragraphs (5) and (6) of paragraph 13 of Schedule 1A to the Pensions Act 1975 shall apply to the calculation of the transfer value payable.

• (4) The state scheme premium referred to in paragraph (3) above shall be either—

• (a) a transfer premium (within the meaning of section 44A of the Pensions Act 1975[^f00018]); or

• (b) if the person’s aggregate period of reckonable service as a participant is less than two years, a contributions equivalent premium.

• (5) A person may require the Trustees to pay a transfer value in respect of him at any time before a date

• (a) not more than one year before the date on which he attains the age of sixty-five years; or

• (b) not more than six months after the date on which he ceases to be a participant, whichever is the later.

Transfers to other pension schemes after opt out

P2

• (1) At the request on or after 6th April 1988 of any person who—

• (a) is an opted out Member; or

• (b) is an opted out office holder who is not a Member of the House of Commons; and

• (c) has not become entitled to a pension under these Regulations other than a guaranteed minimum pension arising under regulation F7,

the Trustees shall pay into or for the purpose of any one or more than one scheme or annuity to which this regulation applies the transfer value calculated in accordance with paragraph (3) below.

• (2) This regulation applies to any fund or scheme specified in regulation P1(2) above.

• (3) For the purposes of this regulation and subject to paragraph (4) below the transfer value payable will be the value of the person’s accrued pension rights as follows—

• (a) where they have accrued to or in respect of his period of actual reckonable service as a participating Member or as a participating office holder, that part which relates to his actual reckonable service after 5th April 1988, or

• (b) where they have accrued to or in respect of service notionally attributed to him as a participating Member or as a participating office holder as a result of a transfer from another pension scheme under regulation P6 or the purchase of added years under regulation Q1, that part of such rights as was credited to him after 5th April 1988, or

• (c) where (a) and (b) both apply, the aggregate of the rights derived separately under each head.

• (4) Where on 5th April 1988 the person had an aggregate period of reckonable service as a participant of less than two years, the pension rights which have accrued by virtue of such service may, at his option, be included for the purposes of calculating a transfer value in accordance with paragraph (3) above.

• (5) Where a transfer value has been paid under this regulation in respect of a person who is an opted out Member or an opted out office holder and that person subsequently ceases to be a Member of the House of Commons or an office holder, a transfer value may be paid under regulation P1 in respect of any pension rights accrued to or in respect of him which are preserved in the principal scheme.

• (6) Paragraphs (3), (4) and (5) of regulation P1 shall apply for the purposes of this regulation.

Transfer to overseas pension schemes

P3

• (1) At the request of any person who has been a participant but who has ceased to be either

• (a) a Member of the House of Commons; or

• (b) an officer holder

and who (in either case) has not become entitled to a pension under these Regulations or under the 1972 Act or under Part II of the 1965 Act other than a guaranteed minimum pension, the Trustees shall pay into or for the purposes of any one, or more than one, fund or scheme to which this regulation applies a sum or sums representing the transfer value of that person’s accrued pension rights in the Fund.

• (2) This regulation applies to any overseas fund or scheme which is approved by the Trustees, provided that the Trustees shall before giving such approval consult and have regard to the views of the Board of Inland Revenue and the Occupational Pensions Board as to the suitability of the fund or scheme for the purposes of this regulation.

• (3) At the request of any person—

• (a) in respect of whom any sum has been paid under this regulation into or for the purposes of an overseas fund or scheme; and

• (b) who is not at the time the request is made a Member of the House of Commons or the holder of a qualifying office, the Trustees may receive a sum, out of, or out of monies held for the purposes of, that fund or scheme, equal to the sum paid under this regulation together with interest thereon from the date of that payment at such a rate as may be agreed by the Trustees.

Effect of transfers out on reckonable service

P4

• (1) Subject to paragraph (2) below, where any sums are paid by the Trustees under regulation P1, P2 or P3 in respect of any person, then—

• (a) for the purpose of calculating that person’s aggregate period of reckonable service as a participating Member, or his aggregate period of reckonable service as a participating office holder, no account shall be taken of any period before the date of that payment; and

• (b) for the purposes of regulations N1 and N2 any contributions paid by him before that date shall be treated as not having been paid.

• (2) Where, in the case of an opted-out participant, the value of accrued pension benefits relating to service before 6th April 1988 remains in the Fund, paragraph (1) above shall be disregarded in respect of—

• (a) his aggregate period of reckonable service before 6th April 1988; and

• (b) his contributions paid before that date.

Certification by Government Actuary

P5

For the purposes of regulations P1, P2 and P3, any transfer value of the whole or part of a person’s accrued pension rights under these Regulations or under Part II of the 1965 Act shall be such sum as shall satisfy the requirements prescribed under Schedule 1A to the Pensions Act 1975 and shall be certified by, or calculated in accordance with tables prepared by, the Government Actuary.

Transfers from other pension schemes

P6

• (1) At the request of any person who—

• (a) is a participating Member; or

• (b) is an opted-out Member who applies to rejoin the principal scheme under regulation C6; or

• (c) is not a Member of the House of Commons, but is a participating office holder; or

• (d) is not a Member of the House of Commons, but is an opted-out office holder who applies to rejoin the principal scheme under regulation C7,

the Trustees shall receive any sums payable by way of transfer value in respect of him out of, or out of moneys held for the purposes of, any scheme or annuity to which regulation P1 applies, or under any enactment for the time being in force which authorises the transfer of pension rights.

• (2) Where any sums are received by the Trustees under paragraph (1) above at the request of a person who is a participating Member at the time when the request is made—

• (a) his aggregate period of reckonable service as a participating Member shall be treated as increased by the addition of such period as may be determined by the Trustees; and

• (b) for the purposes of regulations N1, N2, N3 and N4, the sums so received by the Trustees, so far as in the opinion of the Trustees they represent his own contributory payments, shall be treated as if they were contributions paid by him, at the same times as those contributory payments were made, by deduction from his salary under regulation D1 or under section 3 of the 1972 Act, or under Part II of the Act of 1965, as the case may be.

• (3) Where any sums are received by the Trustees under paragraph (1) above at the request of a person who is not a Member of the House of Commons at the time when the request is made—

• (a) the calculation under regulation F4 of the annual amount of any pension shall be made in respect of that person as if—

• (i) the number of years for which a contribution credit falls to be calculated under paragraph (4) of that regulation were increased by such number of additional years as may have been determined in relation to those sums by the Trustees; and

• (ii) the contribution factor for each of those additional years were such amount as may have been so determined; and

• (b) for the purposes of regulations N1, N2, N3 and N4 the sums so received by the Trustees, so far as in the opinion of the Trustees they represent his own contributory payments, shall be treated as if they had been contributions paid by him, at the same times as those contributory payments were made, by deduction from his salary under regulation D2 or under section 4 of the 1972 Act, as the case may be.

• (4) Any period determined by the Trustees under paragraph (2)(a) or paragraph (3)(a) above shall be a period or number of years either certified by the Government Actuary as being appropriate in relation to the sums received by the Trustees at the request of the person in question or a period or number of years calculated, in accordance with tables prepared by the Government Actuary, as being appropriate in relation to those sums.

PART Q — Added Years

Purchase of added years by participating Members

Q1

Schedule 6 shall have effect with respect to the purchase of added years by a participating Member, and subject to the provisions of that Schedule, his aggregate period of reckonable service of a participating Member shall be treated as increased by the period of added years so purchased.

PART R — Miscellaneous and Supplemental

Application of pensions

R1

• (1) A pension under these Regulations or under Part I of the 1972 Act or under Part II of the 1965 Act shall not be assignable or chargeable with debts or other liabilities.

• (2) Section 142 of the Mental Health Act 1983[^f00019] (which enables pay or pension of a person who is incapacitated by mental disorder from managing his affairs to be applied for the benefit of himself or his dependants instead of being paid to him) shall have effect in relation to any such pension as if it were payable directly out of moneys provided by Parliament.

Payments due to deceased persons

R2

• (1) Where on the death of any person there is due to the deceased or his personal representatives from the Trustees a sum which (if any part of it due by way of interest is disregarded) does not exceed the amount of the limit for the time being specified by virtue of orders made from time to time under section 6 of the Administration of Estates (Small Payments) Act 1965,[^f00020] probate or other proof of the title of the personal representatives of the deceased may be dispensed with, and the Trustees may pay the whole or any part of that sum to those representatives or to the person, or to or among any one or more of any persons, appearing to the Trustees to be beneficially entitled to the personal or movable estate of the deceased.

• (2) Any person to whom a payment is made under the preceding paragraph, and not the Trustees, shall thereafter be liable to account for the amount paid to him under that paragraph.

• (3) If the Trustees receive notice in writing of any claim against the estate of the deceased at any time before they have made a full payment under paragraph (1) above, then, except where the sum to be paid appears to them to be bona vacantia, they shall not make any, or (as the case may be) any further, payment under that paragraph to any person other than the personal representatives of the deceased until the claim is satisfied or withdrawn.

Deferred Rights

R3

• (1) Subject to regulation R4, in the case of any person who has accrued pension rights in the Fund which are not attributable to or derived from the reckonable service of a person who has made contributions to the Fund after the coming into force of these Regulations, these Regulations shall apply in relation to any such benefit as is specified by paragraph (2), subject also, however, to the modifications and supplementary provisions contained in Schedules 8 to 14.

• (2) The specified benefits referred to in paragraph (1) are those pensions and other benefits which have not come into payment before the coming into force of these Regulations.

Protection against adverse alterations

R4

• (1) Without prejudice to paragraph (2), where the Trustees are of the opinion that, in relation to such a benefit as is specified by paragraph (2) of regulation R3, the provisions of these Regulations (as modified and supplemented in pursuance of that regulation) are materially different from the corresponding provisions of the enactments and regulations revoked by regulation R5(1), the Trustees may, if satisfied that it would be just to do so, determine that regulation R3 shall not apply in relation to that benefit, and in any such case the said enactments and regulations shall have effect in relation thereto as though they had not been so revoked.

• (2) Where a person has ceased to be a Member of the House of Commons or to hold a qualifying office before these Regulations come into force and these Regulations put him in a worse position in relation to an accrued right than he would have been in apart from the Regulations, he or (where he has died) persons who are or may become entitled by virtue of that right to or to the benefit of any pension, or a person acting on behalf of that person or those persons, may opt for the accrued rights to remain unaffected by these Regulations.

Revocations, savings and transitional provisions

R5

• (1) Subject as hereinafter provided, the enactments and regulations specified in column (1) of Part I and Part II of Schedule 7 are revoked to the extent mentioned in column (3).

• (2) The enactments and regulations so specified shall continue to have effect in relation to any pension or other benefit which has come into payment thereunder before the coming into force of these Regulations.

• (3) The revocations have effect subject to the savings in Part III of Schedule 7.

• (4) The provisions of Part III of Schedule 7 do not affect the general operation of section 16 of the Interpretation Act 1978[^f00021] (general savings to be implied on a revocation).

• (5) Part IV of Schedule 7 has effect with respect to transitional matters in connection with the coming into force of these Regulations.

SCHEDULE 1 — Parliamentary Contributory Pension Fund

General provisions as to Trustees

1

The Trustees shall be not more than nine in number, of whom one (being the Public Trustee or a body corporate entitled by rules made under section 4(3) of the Public Trustee Act 1906 [^f00022] to act as custodian trustee) shall be the Custodian Trustee of the Fund and the remainder shall be the Managing Trustees.

2

No person shall be appointed to be a Managing Trustee unless he is a Member of the House of Commons, and, on ceasing to be a Member of the House of Commons, a Managing Trustee shall vacate his office.

3

The Managing Trustees may act by a majority of those present at any meeting of the Managing Trustees at which a quorum is present.

4

The procedure of the Trustees shall, subject to the provisions of these Regulations, be such as the Trustees may determine; and the quorum for any meeting of the Managing Trustees shall be three.

5

A direction of the Managing Trustees shall continue in force until revoked by a subsequent direction of the Managing Trustees, notwithstanding any changes in the persons who are Managing Trustees and notwithstanding that, by reason of a dissolution of Parliament or for any other reason, there are for the time being no Managing Trustees.

Distribution of functions between Custodian Trustee and Managing Trustees

6

All sums payable to or out of the income or capital of the Fund shall be paid to or by the Custodian Trustee, and the assets of the Fund shall be vested in him as if he were sole Trustee.

7

The management of the Fund and the exercise of any power or discretion exercisable in relation to it shall be vested in the Managing Trustees.

8

As between the Custodian Trustee and the Managing Trustees, the Custodian Trustee shall have the custody of all securities and documents of title relating to the property of the Fund; but the Managing Trustees shall have free access to those securities and documents and be entitled to take copies of them or extracts from them.

9

The Custodian Trustee shall concur in and perform all acts necessary to enable the Trustees to exercise their powers of management or any other power or discretion vested in them, unless the matter in which he is requested to concur is a breach of trust or involves a personal liability upon him in respect of calls or otherwise; but unless he so concurs the Custodian Trustee shall not be liable for any act or default on the part of the Managing Trustees or any of them.

10

The Custodian Trustee, if he acts in good faith, shall not be liable for accepting as correct, and acting upon the faith of, any statement of the Managing Trustees as to any matter of fact, nor for acting upon any legal advice obtained by the Managing Trustees independently of the Custodian Trustee, nor for acting in accordance with any directions given to him in writing and purporting to be signed by or on behalf of the Managing Trustees.

Administrative provisions

11

The Trustees may employ such officers and servants (if any) as they think necessary in connection with the management of the Fund; and the expenses of managing it, including the fees of the Custodian Trustee, any fee payable to the Comptroller and Auditor General and the remuneration and pensions, or contributions towards the pensions, payable to or in respect of officers and servants employed by the Trustees, shall be defrayed out of the Fund.

12

The Trustees of the Fund may appoint such person as they think fit to acquire assets for and dispose of assets of the Fund on their behalf and in accordance only with such instructions as to investment policy, as the Trustees shall from time to time determine and lay down.

13

The Trustees of the Fund shall review any acquisition or disposal of the assets of the Fund by such person as may be appointed under paragraph 12 and shall do so within six months of the date of any such acquisition or disposal.

14

Upon a review pursuant to paragraph 13, the Trustees may ratify the acquisition or disposal, or may take such other action in respect of it as they think fit.

15

The Custodian Trustee may charge such fees as he is authorised to charge under the Public Trustee Act 1906.

16

The Trustees shall keep proper accounts and shall prepare in respect of each financial year of the Fund statements of account in such form and in such manner as the Comptroller and Auditor General may direct.

17

The Comptroller and Auditor General shall examine and certify every statement of account prepared under paragraph 16 of this Schedule and shall lay a copy of every such statement, together with his report on it, before the House of Commons.

SCHEDULE 2 — Maximum Pensions

1

In this Schedule, unless the context otherwise requires:

• “Class A participant” means any participant who joined the principal scheme on or after 1st June 1989 or any other participant who has elected to become a Class A participant (however termed) under the rules of the principal scheme;

• “Class B participant” means any participant who joined the principal scheme on or after 17th March 1987 and before 1st June 1989 and has not elected to become a Class A participant;

• “Class C participant” means any participant who joined the principal scheme before 17th March 1987 and has not elected to become a Class A participant;

• “index” at any time, means the index of retail prices published by the Central Statistical Office of the Chancellor of the Exchequer, or any successor agreed as appropriate by the Board of Inland Revenue, for the calendar month three months prior to that time;

• “pensionable service” means actual service as a participant;

• “retained benefits” means benefits for a participant derived from— retirement benefits schemes approved or seeking approval under Chapter I Part XIV or relevant statutory schemes as defined in section 611A of the Taxes Act 1988[^f00023], excluding benefits in respect of service; funds to which section 608 of the Taxes Act 1988 applies, excluding benefits in respect of service; retirement benefit schemes which have been accepted by the Board of Inland Revenue as “corresponding” for the purposes of section 596(2)(b)[^f00024] of the Taxes Act 1988, excluding benefits in respect of service; retirement annuity contracts or trust schemes approved under section 620 of the Taxes Act 1988, or personal pension schemes (other than arrangements to which only minimum contributions are paid) which related to relevant earnings from the current employment, or previous employments (including periods of self employment whether alone or in partnership); transfer payments from overseas schemes held in a type of arrangement defined in (a) or (d) above excluding those in respect of service, including such benefits which have been transferred to another scheme, whether or not in the United Kingdom, but excluding such benefits which relate to service with an unassociated employer which is concurrent with service; provided that: if the total of the retained benefits is less than a pension of £260 those retained benefits may be disregarded; and if the participant’s earnings in the 12 months after entry to the principal scheme do not exceed one quarter of the permitted maximum, benefits from those sources, other than those transferred into the principal scheme, shall not be classed as retained benefits.

• “service” means service as a Member of the House of Commons or as an office holder, and includes, where appropriate, any increase in reckonable service attributable to sums received by way of transfer value or to the purchase of added years.

2

This Schedule sets out the maximum pension payable to a person at the relevant date.

Class A Participant

3

• (1) On retirement at any time after age 50, except before normal retirement date on grounds of incapacity, a pension of 1/60th of the multiple for each year of service (not exceeding 40 years) or, if greater,

• the lesser of— 1/30th of the multiple for each year of service (not exceeding 20 years), and ⅔rds of the multiple minus the pension value of all retained benefits.

• (2) On retirement before the normal retirement date on grounds of incapacity an immediate pension in accordance with sub-paragraph (1) above on the basis of the number of years which would have counted as service had the participant remained in service to the normal retirement date.

• (3) On leaving pensionable service before the normal retirement date a deferred pension—

• (a) for participants who remain in service, of that proportion of the amount calculated in accordance with sub-paragraph (2) above that the number (not exceeding 40) of years of service completed before leaving pensionable service bears to the potential number (not exceeding 40) of years of service had the participant remained in service to the normal retirement date;

• (b) for other participants the amount calculated in accordance with sub-paragraph (1) above;

increased by up to 3 per cent for each complete year, or, if greater, in proportion to any increase in the index which has occurred during the period of deferment.

• (4) Benefits for a Class A participant are further restricted as necessary to ensure that the participant’s total retirement benefit under these Regulations, from any free standing additional voluntary contributions scheme and from any other additional voluntary contributions does not exceed 1/30th of the permitted maximum for each year of service. For the purpose of this limit service is the aggregate of service provided that the total shall not exceed 20 years. The permitted maximum in this context is that for the year of assessment in which the benefits commence to be paid or, if earlier, are transferred out under regulation P1 or P2. For the purpose of calculating the total retirement benefit the pension equivalent of benefits in any form other than pension is one twelfth of its cash value.

Class B and Class C Participants

4

• (1) On retirement at the normal retirement date a pension of 1/60th of the multiple for each year of service (not exceeding 40 years) or, if greater,

• the lesser of— for Class C participants the fraction of the multiple ascertained from the following table: Years of serviceAppropriate fraction 68/60716/60824/60932/6010 or more40/60 for Class B participants 1/30th of the multiple for each year of service (not exceeding 20 years), and ⅔rds of the multiple minus the pension value of all retained benefits.

• (2) On retirement before normal retirement date—

• (a) on grounds of incapacity, the amount calculated in accordance with sub-paragraph (1) above on the basis that service is taken as the potential number of years of service had the participant remained in service to the normal retirement date;

• (b) other than on grounds of incapacity the greater of

• (i) 1/60th of the multiple for each year of service (not exceeding 40 years), and

• (ii) that proportion of the amount calculated in accordance with paragraph (a) above that the number (not exceeding 40) of years of service completed before leaving service bears to the potential number (not exceeding 40) of years of service had the participant remained in service to normal retirement date.

• (3) On retirement after normal retirement date a pension of the greatest of:

• (a) the amount calculated in accordance with sub-paragraph (1) above at the actual date of retirement, save that, to the extent that the amount is calculated by reference to that part of the participant’s actual period of reckonable service as a participant as fell after he attained the age of sixty-five years, the overall limit of two-thirds of the multiple may be disregarded; or

• (b) the amount which could have been provided at normal retirement date in accordance with sub-paragraph (1) above increased either actuarially in respect of the period of deferment or in proportion to any increase in the Index during that period.

• (4) On leaving pensionable service before normal retirement date a deferred pension calculated in accordance with paragraph (2)(b) above but increased by up to 3 per cent for each complete year, or, if greater, in proportion to any increase in the index which has accrued during the period of deferment.

SCHEDULE 3

Part I — Commutation of Pensions

1

• (1) In this Schedule, unless the context otherwise requires—

• “Class A participant”, “Class B participant” and “Class C participant” have the meanings assigned to them in Schedule 2;

• “N” means in respect of the pension of a person, the period in years and any fraction of a year of his actual reckonable service before the relevant date or (if earlier) his sixty-fifth birthday;

• “NS” means in respect of the pension of a person, the lesser of 40 years and the period in years and any fraction of a year of his prospective actual reckonable service at the relevant date;

• “pension” means a pension, expressed as an annual amount, under Part F (pension entitlement), Part H (early retirement) or Part J (ill-health pensions) as the case may be; and “maximum pension” shall be construed accordingly;

• “prospective actual reckonable service” means in respect of a person— at a date falling before his sixty-fifth birthday, his actual reckonable service before and after that date, assuming continuous actual reckonable service by him from that date until his sixty-fifth birthday; at a date falling on or after his sixty-fifth birthday, his actual reckonable service at his sixty-fifth birthday;

• “retained benefits” has the meaning assigned to it in Schedule 2;

• “retained lump sum benefits” means retained benefits which are payable as single payments whether by way of commutation of accrued pension rights, refund of contributions or otherwise;

• (2) Any reference in this Schedule to the beginning of a period of actual reckonable service of a person means any such beginning on his becoming a participant other than after an interval in his actual reckonable service occurring on a dissolution of Parliament.

• (3) Any reference in this Schedule to a person being or no longer being a participant shall be construed as a reference to whichever of those circumstances is applicable to the calculation of his pension.

Class A Participant

Maximum commutation for Members (including those retiring on grounds of ill-health)

2

For the purposes of regulation G1(4), in the case of a Class A participant entitled to a pension under regulation F1—

• (1) who has no retained lump sum benefits and who either was a Member of the House of Commons on his sixty-fifth birthday or is so entitled by virtue of regulation J1 or J3 (ill-health pensions), the maximum commutable sum shall be the amount of—

• (i) the number of eightieths of the multiple, either specified in the table in Part II of this Schedule in relation to the number of complete years of his actual reckonable service or (if the period of that service includes a fraction of a year) calculated proportionately by reference to the numbers specified in that table; and

• (ii) the product of three-eightieths of the multiple and any period, expressed in years and any fraction of a year, determined in respect of him under regulation P6(2) (Transfers from other pension schemes),

subject to a maximum of the amount of 120/80 of the multiple;

• (2) who has retained lump sum benefits, but would otherwise be within sub-paragraph (1) above, the amount of the maximum commutable sum shall be whichever is the greater of—

• (i) the amount of 120/80 of the multiple, less the amount of his retained lump sum benefits; and

• (ii) the amount of the product of three-eightieths of the multiple and the aggregate, expressed in years and any fraction of a year subject to a maximum of forty years, of his actual reckonable service and of any period determined in respect of him under regulation P6(2) (Transfers from other pension schemes).

Maximum commutation for Members on early retirement

3

For the purposes of regulation G1(4), in the case of a Class A participant entitled to a pension under regulation H1—

• (1) who has no retained lump sum benefits, was no longer a Member of the House of Commons on his sixty-fifth birthday and is not entitled to a pension by virtue of regulation J1 or J3 (ill-health pensions), the amount of the maximum commutable sum, subject to a maximum of 120/80 of the multiple, shall be whichever is the greater of—

• (i) the amount of the product of N/NS and the number of eightieths of the multiple, either specified in the table in Part II of this Schedule in relation to the number of complete years of his prospective actual reckonable service or (if the period of that service includes a fraction of a year) calculated proportionately by reference to the numbers specified in that table; and

• (ii) the amount of the product of three-eightieths of the multiple and the period, expressed in years and any fraction of a year, of his actual reckonable service,

aggregated with the amount referred to in paragraph 2(1)(ii);

• (2) who has retained lump sum benefits but would otherwise be within sub-paragraph (1) above, the amount of the maximum commutable sum shall be whichever is the greater of—

• (i) the aggregate of:

• (a) the amount referred to in sub-paragraph (1)(i) above, subject to a maximum of the product of N/NS and the amount referred to in paragraph 2(2)(i); and

• (b) the amount referred to in paragraph 2(1)(ii), subject to a maximum of the amount of 120/80 of the multiple, less his retained lump sum benefits; and

• (ii) the amount referred to in paragraph 2(2)(ii).

Maximum commutation for office holders (including those retiring on grounds of ill-health)

4

For the purposes of regulation G1(4), in the case of a Class A participant entitled to a pension under regulation F3—

• (1) who has no retained lump sum benefits and who either was an office holder on his sixty-fifth birthday or is so entitled by virtue of regulation J2 or J4 (ill-health pensions), the amount of the maximum commutable sum shall be the amount of—

• (i) the number of eightieths of the multiple, specified in the table in Part II of this Schedule in relation to the number of years, each beginning on 1st April, during which he had any actual reckonable service; and

• (ii) the product of three-eightieths of the multiple and any period, expressed in years and any fraction of a year, determined in respect of him under regulation P6(3) (Transfers from other pension schemes),

subject to a maximum of the amount of 120/80 of the multiple;

• (2) who has retained lump sum benefits, but would otherwise be within sub-paragraph (1) above, the amount of the maximum commutable sum shall be whichever is the greater of—

• (i) the amount of 120/80 of the multiple, less his retained lump sum benefits; and

• (ii) the amount of the product of three-eightieths of the multiple and, subject to a maximum of forty years, the aggregate of:

• (a) the number of years, each beginning on 1st April, during which he has any actual reckonable service; and

• (b) the number of years (if any) determined in respect of him under regulation P6(3).

Maximum commutation for office holders on early retirement

5

For the purposes of regulation G1(4), in the case of a Class A participant entitled to a pension under regulation H2—

• (1) who has no retained lump sum benefits, was no longer an office holder on his sixty-fifth birthday and is not entitled to a pension by virtue of regulation J2 or J4, the amount of the maximum commutable sum, subject to a maximum of 120/80 of the multiple, shall be whichever is the greater of:

• (i) the amount of the product of N/NS and the number of eightieths of the multiple, specified in the table in Part II of this Schedule in relation to the number of years, each beginning on 1st April, during which any part of his prospective actual reckonable service falls; and

• (ii) the amount of the product of three-eightieths of the multiple and the number of years, each beginning on 1st April, during which he has any actual reckonable service,

aggregated with the amount referred to in paragraph 4(1)(ii);

• (2) who has retained lump sum benefits but would otherwise be within sub-paragraph (1) of this paragraph, paragraph 3(2) above shall apply in respect of him, as if set out in this paragraph.

Earnings cap

6

For a Class A participant, the maximum commutable sum shall be further limited to an overall maximum of 120/80 of the permitted maximum.

Class B and Class C Participants

7

Paragraphs 2, 3, 4 and 5 of this Schedule shall apply to Class B and Class C participants save that—

• (1) in the case of a Class B or Class C participant who satisfies the conditions set out in paragraph 2 above there may be added to the maximum commutable sum calculated by virtue of that paragraph the amount of the product of three-eightieths of the multiple and the period, expressed in years and any fraction of a year and subject to a maximum of five years, being his actual reckonable service in excess of forty years and occurring after his sixty-fifth birthday, and

• (2) in the case of a Class B or Class C participant who satisfies the conditions set out in paragraph 4 above there may be added to the permitted maximum sum calculated by virtue of that paragraph the amount of the product of—

• (a) subject to a maximum of five, the number of years, each beginning on 1st April, during which he had any actual reckonable service, being years in excess of the first 40 such years and beginning after his sixty-fifth birthday; and

• (b) three-eightieths of the relevant terminal salary under regulation F4(4); and

• (c) the average of all the contribution factors under regulation F4(2) in relation to him for the years under (a) above or (where the maximum under (a) applies) the first five of those years.

Part II — Maximum Commutation of Pensions

Number of years	Number of eightieths
1	3
2	6
3	9
4	12
5	15
6	18
7	21
8	24
9	30
10	36
11	42
12	48
13	54
14	63
15	72
16	81
17	90
18	99
19	108
20 or more	120

SCHEDULE 4 — Percentage Abatement of Pension Entitlement

1

The pension to which a person is entitled by virtue of regulation H1 shall be abated, having regard to the person’s age and the length of his qualifying period at the date of his application or, if later, such other date as may be there specified, from the date from which that pension is payable by the percentage specified in the table below.

2

The pension to which a person is entitled by virtue of regulation H1 shall not be reduced below the rate of the guaranteed minimum pension, as provided for by Regulation F7.

	Qualifying period (years)	Qualifying period (years)	Qualifying period (years)	Qualifying period (years)	Qualifying period (years)	Qualifying period (years)
Age pension brought into payment	20 or more	19	18	17	16	15
Where the age or the qualifying period is not an exact number of years the percentage abatement shall be obtained by interpolating first for the required age and secondly for the required qualifying period.	Where the age or the qualifying period is not an exact number of years the percentage abatement shall be obtained by interpolating first for the required age and secondly for the required qualifying period.	Where the age or the qualifying period is not an exact number of years the percentage abatement shall be obtained by interpolating first for the required age and secondly for the required qualifying period.	Where the age or the qualifying period is not an exact number of years the percentage abatement shall be obtained by interpolating first for the required age and secondly for the required qualifying period.	Where the age or the qualifying period is not an exact number of years the percentage abatement shall be obtained by interpolating first for the required age and secondly for the required qualifying period.	Where the age or the qualifying period is not an exact number of years the percentage abatement shall be obtained by interpolating first for the required age and secondly for the required qualifying period.	Where the age or the qualifying period is not an exact number of years the percentage abatement shall be obtained by interpolating first for the required age and secondly for the required qualifying period.
65	0.0	0.0	0.0	0.0	0.0	0.0
64	0.0	0.0	0.0	0.0	0.0	7.0
63	0.0	0.0	0.0	0.0	7.0	13.7
62	0.0	0.0	0.0	7.0	13.7	19.9
61	0.0	0.0	7.0	13.7	19.9	25.6
60	0.0	7.0	13.7	19.9	25.6	30.8
59	7.0	13.7	19.9	25.6	30.8	35.6
58	13.7	19.9	25.6	30.8	35.6	39.9
57	19.9	25.6	30.8	35.6	39.9	43.7
56	25.6	30.8	35.6	39.9	43.7	47.0
55	30.8	35.6	39.9	43.7	47.0	50.0
54	35.6	39.9	43.7	47.0	50.0	52.8
53	39.9	43.7	47.0	50.0	52.8	55.4
52	43.7	47.0	50.0	52.8	55.4	57.7
51	47.0	50.0	52.8	55.4	57.7	59.7
50	50.0	52.8	55.4	57.7	59.7	61.8

SCHEDULE 5 — Persons Qualifying for Children’s Pensions

1

In this Schedule “the deceased” means the person on whose death a children’s pension is or may be payable under regulation K3, and “child” has the same meaning as in that regulation.

2

For the purposes of regulation K3 a child shall be treated as within his period of full-time education while—

• (a) he is receiving full-time instruction at any university, college, school or other educational establishment; or

• (b) he is undergoing full-time or substantially full-time training for any trade, profession or vocation; and any question arising under this paragraph shall be determined by the Trustees.

3

A child shall not be treated as a relevant child for the purposes of regulation K3—

• (a) as being an illegitimate or adopted child of the deceased; if he was born or adopted, as the case may be, after the termination of the marriage or last marriage of the deceased; or

• (b) as being the child of a wife of the deceased, if he was born or became her child after the termination of her marriage with the deceased;

unless, in the case of an adopted child falling within sub-paragraph (a) or sub-paragraph (b) of this paragraph, the Trustees, if satisfied that before the material event therein mentioned the deceased (or, as the case may be, the deceased and his wife) had already formed the intention of adopting the child, and that the child was then wholly or mainly dependent on the deceased, direct that the child shall be treated as a relevant child.

4

A child shall not be treated as a relevant child for the purposes of regulation K3 as being—

• (a) the illegitimate child of the deceased; or

• (b) a child of a wife of the deceased,

unless the child was wholly or mainly dependent on the deceased; at the time of his death.

5

A female child shall not be treated as a relevant child for the purposes of regulation K3 if, at the date of the death of the deceased, she is married to or cohabiting with another person; and a female child who thereafter marries or cohabits with another person shall thereupon cease to be a relevant child unless and until the Trustees, being satisfied that the marriage or cohabitation has been terminated and that for exceptional reasons it is proper to do so, direct that she shall be so treated.

6

Where the deceased was a woman, no child of any marriage of hers shall be a relevant child for the purposes of regulation K3 if the father of the child was living at the death of the deceased unless—

• (a) the Trustees for exceptional reasons direct that the child shall be so treated; or

• (b) the actual period of reckonable service as a participant of the deceased includes service on or after 17th May 1990,

and, if (b) applies, the pension payable to the child shall be that proportion of the pension calculated in accordance with regulation K3(2) which is attributable to that part of the aggregate period of reckonable service as a participant of the deceased which accrued on or after 17th May 1990.

SCHEDULE 6 — Purchase of Added Years

1

In this Schedule, unless the context otherwise requires—

• “payment for the purchase of added years” means such a payment whether payable periodically or by way of a single lump sum;

• “periodical contributions” means the sums payable by a participating Member whose application to purchase added years other than by a single payment has been accepted by the Trustees.

• “relevant terminal salary” has the same meaning as “the relevant terminal salary” in regulation F2(2);

Purchase of added years by periodical contributions

2

• (1) A participating Member may apply in writing to the Trustees to purchase added years by periodical contributions payable until he attains the age of 65 years and the Trustees shall accept his application if all the following conditions in respect of that application are satisfied—

• (i) the participating Member will not at his next birthday after the date of the application have attained the age of sixty-five;

• (ii) the participating Member has satisfied the Trustees, in whatever manner the Trustees shall require, that he is in good health;

• (iii) the number of added years which the participating Member has applied to purchase does not exceed the maximum permitted by paragraph 8 of this Schedule; and

• (iv) the participating Member has supplied to the Trustees such information and evidence as they may require and has indicated whether his application is made under the provisions of this sub-paragraph or under the provisions of sub-paragraph (2) below.

• (2) A participating Member may, within the period of twelve months immediately following the date when he commenced a period of service as a Member, or within such longer period as the Trustees may in special circumstances and at their discretion allow, apply in writing to the Trustees to purchase added years by the payment of periodical contributions for a period of four or five years and the Trustees shall accept his application if, at the date when the Trustees receive the application, the participating Member has not reached the age of 65 years and if the conditions of sub-paragraphs (ii), (iii) and (iv) of sub-paragraph (1) above are satisfied in respect of that application.

3

An application by a participating Member to purchase added years shall be irrevocable on and from the date when the Trustees accept his application.

4

Where an application by a participating Member to purchase added years by periodical contributions is accepted by the Trustees—

• (1) those periodical contributions shall, subject to the provisions of paragraph 5 of this Schedule, be payable—

• (a) in the case of an application under paragraph 2(1) of this Schedule, from the date of the participating Member’s birthday next following the receipt by the Trustees of his application and until the participating Member attains the age of 65 years; and

• (b) in the case of an application under paragraph 2(2) of this Schedule, for whichever of the periods of four or five years the participating Member has chosen for the payment of periodical contributions beginning on such date not later than two months from the date of acceptance of the application as the Trustees shall specify by notice in writing to the participating Member;

• (2) periodical contributions by a participating Member shall be payable by deductions from his salary or, in the case of arrears, in such manner as the Trustees shall require; and

• (3) the periodical contributions payable by a participating Member for the added years shall be calculated in accordance with tables prepared from time to time by the Government Actuary.

Interrupted Service

5

• (1) If a participating Member dies or ceases to be a Member of the House of Commons because of ill-health in circumstances to which regulation J1 applies and he—

• (a) has applied to purchase added years by periodical contributions; and

• (b) has been notified in writing by the Trustees that his application has been accepted;

no further periodical contributions will be payable from the day following the date of his death or from the day following the date he ceases to be a Member of the House of Commons, as the case may be, and any added years that he has applied to purchase by periodical contributions shall be credited in full as reckonable service as a participating Member.

• (2) If a participating Member who has applied to purchase added years by periodical contributions and whose application has been accepted by the Trustees ceases to be a Member of the House of Commons in circumstances to which regulation J1 does not apply, no such periodical contributions will be payable by him from the day following the date when he ceases to be a Member of the House of Commons but his reckonable service as a participating Member will in respect of each application be increased by