The Parliamentary Pensions (Consolidation and Amendment) Regulations 1993

$$A×BC$ where— A is the number of added years he applied to purchase by periodical contributions; B is the period (expressed to the nearest day) during which periodical contributions have been paid; C is the total period during which periodical contributions would have been payable in accordance with paragraph 4(1) above.$

• (3) If a Member to whom sub-paragraph (2) of this paragraph has applied subsequently commences a further period of service as a participating Member before he has attained the age of 65 years, in circumstances in which the periods together constitute an aggregate period of reckonable service as a participating Member, then subject to subparagraphs (4) and (6) of this paragraph, he may give notice to the Trustees in writing within the period of three months beginning with the date upon which he commenced the further period of service that he intends to resume payment of his periodical contributions in respect of the added years for which he was making periodical contributions in his immediately preceding period of service and such periodical contributions shall then be payable from the date when he commenced the further period of service as a participating Member and shall continue until he attains the age of 65 years at the rate or rates applicable during that immediately preceding period.

• (4) Where a participating Member who ceased to pay periodical contributions by reason only of his ceasing to serve as a Member of the House of Commons for a period but subsequently became a Member of the House of Commons again and resumed the purchase of added years by periodical contributions in accordance with sub-paragraph (3) of this paragraph thereafter becomes entitled to a pension under regulation F1, his reckonable service as a participating Member shall be increased in accordance with sub-paragraph (2) of this paragraph except that C shall be read as the total period during which he would have paid periodical contributions for those added years if his service as a participating Member had been continuous.

• (5) If a participating Member to whom sub-paragraph (2) of this paragraph has applied, subsequently commences a further period of service as a participating Member before he has attained the age of 65 years, in circumstances in which the periods together constitute an aggregate period of reckonable service as a participating Member, then subject to sub-paragraphs (4) and (6) of this paragraph, he may, if, in consequence of his break in service as a participating Member, there has been a reduction in the number of added years which he is able to purchase in full, with the agreement of the Trustees and, subject to the provisions of paragraphs 2(1)(ii) and 8(1) of this Schedule, apply to purchase by periodical contributions payable until he attains the age of 65 years some or all of the number of added years comprised in that reduction at the rate applicable to the participating Member’s birthday next following the receipt by the Trustees of his application.

• (6) Sub-paragraphs (3), (4) and (5) of this paragraph shall not apply where the application to purchase added years before the participating Member ceased to be a Member of the House of Commons was made under paragraph 2(2) above.

• (7) Subject to sub-paragraph (8) below, in respect of a participating Member who—

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

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

• (c) who is appointed or elected Prime Minister and First Lord of the Treasury or Speaker of the House of Commons,

sub-paragraph (2) of this paragraph shall apply from the day after the date of his appointment or election as such as if he were a person who ceases to be a participating Member in circumstances to which regulation J1 does not apply, but the other provisions of this paragraph and paragraph 6(3) shall not apply to him.

• (8) If a person to whom sub-paragraph (7) applies, during the period of three months after his appointment or election as Prime Minister and First Lord of the Treasury or Speaker of the House of Commons, exercises the option in regulation C2—

• (a) any sum paid by the Trustees to the Consolidated Fund under regulation N3(1) shall include the value of any added years purchased by him by way of periodical contributions paid before 28th February 1991; and the number of added years so purchased shall in respect of each application to purchase added years be

$$A×BC$ where A and C have the meanings set out in paragraph (2) above, and B is the period (expressed to the nearest day) during which periodical contributions were paid before 28th February 1991; and$

• (b) any sum refunded to him under regulation N3(4)(a) shall include the periodical contributions paid by him before 28th February 1991; and

• (c) he shall resume the making of periodical contributions, (including any periodical contributions due between the date of his appointment or election and the date of his exercise of the option); and

• (d) if (a) and (b) apply, his reckonable service as a participating Member shall in respect of each application to purchase added years be increased by

$$A×BC$ where A and C have the meanings set out in paragraph (2) above, and B is the period (expressed to the nearest day) during which periodical contributions are paid and not refunded, including any period during which contributions are credited in full under sub-paragraph (1) above.$

Purchase of added years by lump sum

6

• (1) Subject to the provisions of sub-paragraph (2) of this paragraph, a participating Member may apply in writing to the Trustees to purchase added years by a lump sum payment.

• (2) The Trustees shall accept an application to purchase added years under this paragraph if all the following conditions in respect of that application are satisfied—

• (i) the participating Member has not reached the age of 65;

• (ii) the participating Member applies to the Trustees within the period of twelve months immediately following the date when he commenced a period of service as a participating Member or within such longer period as the Trustees may in special circumstances and at their discretion allow;

• (iii) the participating Member has not applied to the Trustees under the provisions of regulation J1 for an early pension because of ill-health;

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

• (v) the participating Member has supplied to the Trustees such information and evidence as they may require.

• (3) A participating Member who has applied to purchase added years under the provisions of paragraph 2(2) and to whom paragraph 5(2) applies may, in respect of any such application if—

• (a) in consequence of his ceasing to be a participating Member, there has been a reduction in the number of added years which he is able to purchase in full;

• (b) the conditions of paragraphs (iii), (iv) and (v) of sub-paragraph (2) of this paragraph are satisfied in respect of the application made under this sub-paragraph; and

• (c) the application under this sub-paragraph is made within three months of his ceasing to be a participating Member,

apply in writing to the Trustees to purchase by a lump sum payment some or all of the number of added years comprised in that reduction at the rate applicable at the participating Member’s birthday next following the receipt by the Trustees of the application.

Lump sum payments

7

• (1) Any participating Member who has applied to the Trustees to purchase added years by a lump sum payment shall, within the period of six months commencing on the date when his application, is accepted by the Trustees, make the lump sum payment which shall be calculated by reference to a Member’s ordinary salary at the time when his application was received by the Trustees and in accordance with tables to be prepared from time to time by the Government Actuary and the amount of his reckonable service as a participating Member shall be increased accordingly with effect from the date that the lump sum payment is received by the Trustees.

• (2) If, after an application to purchase added years by lump sum payment has been made by a participating Member and accepted by the Trustees, the payment is not received by the Trustees within the period of six months commencing on the date when his application is accepted by the Trustees, the application to purchase shall cease to be valid.

Limits on purchase of added years

8

• (1) Subject to sub-paragraph (2) below, the amount of a participating Member’s periodical contributions for the purchase of added years, when aggregated with his contributions under regulation D1 and any other additional voluntary contributions, shall not in any tax year exceed—

• (a) in the case of a participating Member who holds or has held the office of Prime Minister and First Lord of the Treasury or Speaker of the House of Commons, 15 per cent of his salary as a Member of the House of Commons or, if that salary exceeds the permitted maximum, 15 per cent of the permitted maximum; or

• (b) in the case of any other participating Member, 15 per cent of a Member’s ordinary salary or, if he joined the principal scheme on or after 1st June 1989 and that salary exceeds the permitted maximum, 15 per cent of the permitted maximum.

• (2) Sub-paragraph (1) above shall not apply to the purchase of added years by periodical contributions payable for a period of four years in accordance with paragraph 4(1)(b), and for the purpose of the calculation referred to in sub-paragraph (1) such periodical contributions shall be disregarded.

• (3) Subject to sub-paragraph (4) below, sub-paragraph (1) above shall not apply to a participating Member’s periodical contributions which on 31st July 1984 were payable in accordance with paragraph 4(1)(a).

• (4) If, after 31st December 1984 a participating Member applies to the Trustees to purchase added years by periodical contributions, the annual amount of periodical contributions payable by him in accordance with paragraph 4(1)(a), or for a period of five years in accordance with paragraphs 2(2) and 4(1)(b), shall not be such as to exceed, at any time during the period such periodical contributions would be so payable, the amount (if any) by which for the time being—

• (i) the annual amount of his periodical contributions referred to in sub-paragraph (3) of this paragraph (if any) aggregated with the annual amount of his contributions under regulation D1 and any other additional voluntary contributions,

is less than—

• (ii) the limit under sub-paragraph (1) of this paragraph.

• (5) Subject to sub-paragraph (1) above, the maximum added years that a participating Member may purchase both by lump sum payment and by periodical contributions shall be calculated, so that his pension under regulation F1, or under regulation F3 when aggregated with the pension equivalent of any lump sum under regulation G1 and any pension under any additional voluntary contributions scheme shall not exceed whichever may be appropriate of the limits set out in Schedule 2.

Further applications to purchase added years

9

Subject to the provisions of this Schedule, the Trustees may accept more than one application from a participating Member to purchase added years by the payment of periodical contributions or lump sum payments.

General

10

The provisions of this Schedule are without prejudice to any maximum pension imposed in relation to a participating Member by regulation F5 or F6 and Schedule 2 (maximum pensions payable).

SCHEDULE 7 — Revocations

Part I — Enactments having effect as regulations under section 2 of the Parliamentary and other Pensions Act 1987

(1)	(2)	(3)
Enactments revoked	References	Extent of revocation
The Parliamentary and other Pensions Act 1972	1972 c. 48	Part I (including Schedules 1 and 2) other than sections 1(1) to (4) and (7), 5, 23 and 24(4); sections 30, 33 and 35.
The Parliamentary Pensions Act 1978	1978 c. 56	Sections 2 to 5, 6(2), 7, 11, 12(8) and 18(2) and (3).
The Parliamentary Pensions etc Act 1984	1984 c. 52	Sections 3(4) to (6), 4(3) to (6), 5(1) and (2) and 6.

Part II — Other Instruments

(1)	(2)	(3)
Instruments revoked	References	Extent of revocation
The Parliamentary and other Pensions (Contracted-Out Provisions) Order 1978	SI 1978/891	The whole instrument
The Parliamentary Pensions (Purchase of Added Years) Order 1978	SI 1978/1837	The whole instrument
The Parliamentary Pensions (Purchase of Added Years) (Amendment) Order 1981	SI 1981/800	The whole instrument
The Parliamentary Pensions (Purchase of Added Years) (Amendment) Order 1984	SI 1984/1907	The whole instrument
The Parliamentary Pensions (Added Years and Rates of Accrual) (Further Provisions) Order 1984	SI 1984/1908	The whole instrument
The Parliamentary Pensions (Maximum and Abated Pensions and Pension Commutation) Order 1984	SI 1984/1909	The whole instrument
The Parliamentary Pensions (Amendment) Regulations 1991	SI 1991/609	The whole instrument
The Parliamentary Pensions (Amendment) Regulations 1992	SI 1992/599	Regulations 3, 4, 5 and 7.

Part III — Savings

1

The revocation by these Regulations of a transitional provision relating to the coming into force of a provision re-enacted in these Regulations does not affect the operation of that transitional provision, so far as it remains capable of having effect, in relation to the provision as re-enacted.

2

• (1) The revocation by these Regulations of a provision previously repealed or revoked subject to savings does not affect the previous operation of those savings.

• (2) The revocation by these regulations of a saving made on the previous repeal or revocation of a provision does not affect the operation of the saving in so far as it remains capable of having effect.

Part IV — Transitional Provisions

1

• (1) The re-enactment of provisions in these Regulations, and the consequent revocation of those provisions by these Regulations, does not affect the continuity of the law.

• (2) The general rule is that the provisions of these Regulations apply, in accordance with sub-paragraph (1), to matters arising before the commencement of these Regulations as to matters arising after that commencement.

• (3) The general rule has effect subject to any express provision to the contrary, and to Regulation R3.

• (4) The general rule does not mean that the provisions of these Regulations apply to cases to which the corresponding revoked provisions did not apply by virtue of transitional provisions made in connection with the commencement of the revoked provisions (such transitional provisions are saved by paragraph 1 of Part II).

2

Where a period of time specified in a provision of any Regulations revoked and reenacted by these Regulations is current at the commencement of these Regulations, these Regulations have effect as if the corresponding provision of these Regulations had been in force when that period began to run.

SCHEDULE 8 — Reckonable Service

Participants with service between 1st January 1972 and 1st August 1978.

1

• (1) This paragraph applies to—

• (a) any person who served as a participating Member at any time on or after 1st January 1972 and who has not served as a participating Member at any time after 1st August 1978; or

• (b) any person who served as a participating office holder at any time on or after 1st April 1972 and who had not served as a participating office holder at any time after 1st August 1978; or

• (c) any person to whom both (a) or (b) above apply.

• (2) Subject to the next following sub-paragraph and to regulation N2 (refunds), regulation P3 (transfers out) and regulation P5 (transfers in), for the purposes of these Regulations—

• (a) any period or periods not exceeding 10 years before 16th October 1964 during which a person was a Member of the House of Commons, and

• (b) any period beginning on or after 16th October 1964 during which a person was such a participating Member,

is a period of reckonable service as a participating Member; and in these Regulations “aggregate period of reckonable service as a participating Member”, in relation to a person, means the period, falling within either of the preceding paragraphs, during which he was such a participating Member or (if more than one) the aggregate of such periods.

• (3) Subject to regulation N1 (refunds), regulation P4 (transfers out) and regulation P6 (transfers in), for the purposes of these Regulations any period during which a person has been a participating office holder is a period of reckonable service as a participating office holder; and in these Regulations “aggregate period of reckonable service as a participating office holder”, in relation to a person, means his period (or, if more than one, the aggregate of his periods) of reckonable service as a participating office holder.

• (4) In these Regulations “aggregate period of reckonable service as a participant”, in relation to a person, means the total of whichever of the following apply to him, namely—

• (a) his aggregate period of reckonable service as a participating Member; or

• (b) his aggregate period of reckonable service as a participating office holder; or

• (c) if (a) and (b) both apply, his aggregate period of reckonable service as a participating Member together with such part if any of his aggregate period of reckonable service as a participating office holder when he was not also a participating Member.

Participants with service between 2nd August 1978 and 19th July 1983

2

• (1) This paragraph applies to—

• (a) any person who was a participating Member at any time on or after 2nd August 1978 and who has not been a participating Member at any time after 19th July 1983; or

• (b) any person who was a participating office holder at any time on or after 2nd August 1978 and who has not been a participating office holder at any time after 19th July 1983; or

• (c) any person to whom (a) and (b) above both apply.

• (2) In relation to a person who satisfies one or more of the conditions in sub-paragraph (1) above, paragraph 1 of this Schedule shall have effect with the following modifications:

• (i) In sub-paragraph (2) after the words “ten years” there shall be inserted the words “or, in the case of a person who was a participating Member on or after 2nd August 1978, fifteen years”.

• (ii) In sub-paragraph (2) after the word “means” there shall be inserted the words “(subject to sub-paragraph 2A of this paragraph)”.

• (iii) After sub-paragraph (2) there shall be inserted as sub-paragraph (2A)—

(2A) In calculating for the purposes of these Regulations a person’s aggregate period of reckonable service as a participating Member, a period during which he was a participating Member shall be disregarded— (a) in so far as it fell after the time when his aggregate period of reckonable service as a participating Member reached forty years and before the time when he attains or attained the age of sixty-five years; and (b) in so far as it fell after the time when he attained that age and would, apart from this paragraph, cause his aggregate period of reckonable service as a participating Member to exceed forty-five years.

• (iv) In sub-paragraph (3) after the word “means” there shall be inserted the words “(subject to sub-paragraph (3A) of this paragraph)”.

• (v) After sub-paragraph (3), there shall be inserted as sub-paragraph (3A)—

(3A) In calculating for the purposes of these Regulations a person’s aggregate period of reckonable service as a participating office holder, his period or periods of reckonable service as a participating office holder shall be disregarded— (a) in so far as may be necessary to prevent his aggregate period of reckonable service as a participating office holder from exceeding forty years at or before the time when he attains or attained the age of sixty-five years; and (b) so far as may be necessary to prevent his aggregate period of reckonable service as a participating office holder from exceeding forty-five years at any time; and, in the case of any person, the particular part or parts of his period of reckonable service as an office holder to be disregarded in pursuance of this sub-paragraph or, if there are two or more such periods, the particular periods or parts of periods (or both) to be so disregarded shall be that or those which, being disregarded, will make the aggregate of the contribution credits calculated in his case under paragraph 4 of Schedule 9 (as modified by paragraph 5 of that Schedule) as large as possible consistently with this sub-paragraph.

SCHEDULE 9 — Pension Entitlement

Members with service between 1st January 1972 and 19th July 1983

1

• (1) A person who was a participating Member on or after 1st January 1972 but has not been a participating Member at any time after 19th July 1983 shall be entitled to receive a pension under this paragraph as from the time when the following conditions are or were fulfilled in respect of him—

• (a) he is or was neither a Member of that House nor a candidate for election to it;

• (b) he is not or was not the holder of a qualifying office;

• (c) his aggregate period of reckonable service as a participant is not or was not less than four years; and

• (d) he has or had attained the age of sixty-five years.

• (2) No pension shall be payable under this paragraph to a person who has been Prime Minister and First Lord of the Treasury or Speaker of the House of Commons or who is or has been Lord Chancellor.

• (3) Subject to paragraph 1 of Schedule 11, to regulation G1 (Commutation) and, in the case of a person who has a guaranteed minimum pension, to regulation F7, the annual amount of the pension payable to a person under this paragraph shall be a sum equal to the aggregate of the following amounts—

• (a) an amount equal to one-sixtieth of the relevant terminal salary multiplied by the number of complete years comprised in his aggregate period of reckonable service as a participating Member, and

• (b) an amount bearing the same proportion to one-sixtieth of the relevant terminal salary as the number of days comprised in that period after the end of the last complete year comprised in it bears to three hundred and sixty-five.

• (4) In this paragraph “the relevant terminal salary”—

• (a) in relation to a person who has been a Member of the House of Commons for a period of more than twelve months, or for two or more periods amounting in the aggregate to more than twelve months, means the amount of a Member’s pensionable salary for the last twelve months (whether continuous or discontinuous) during which that person was a Member of that House, and

• (b) in relation to a person who has been a Member of that House, but whose actual period of service as such a Member was less than twelve months, means an amount calculated by taking the aggregate amount of a Member’s pensionable salary for the period (whether continuous or discontinuous) for which he was such a Member and multiplying it by the appropriate figure;

and in paragraph (b) of this sub-paragraph “the appropriate figure” in relation to a person, means the figure (whether being a whole number or not) by which the number of days comprised in his period of service as a Member of the House of Commons must be multiplied in order to be equal to twelve months.

• (5) In this Schedule “a Member’s pensionable salary” in relation to a resolution of the House of Commons relating to the remuneration of Members, means a Member’s ordinary salary, or, if the resolution provides for a Member’s ordinary salary to be regarded for pension purposes as being at a higher rate, a notional yearly salary at that higher rate.

Members whose service ended between 20th July 1983 and 31st July 1984

2

• (1) This paragraph applies to a person who—

• (a) was a participating Member on or after 20th July 1983; and

• (b) has not been a participating Member at any time after 30th July 1984; and

• (c) fulfils conditions (a) to (d) in sub-paragraph 1(1) of this Schedule.

• (2) In relation to a person to whom this paragraph applies paragraph 1 of this Schedule shall have effect with the following modifications, that is to say—

• (a) For sub-paragraph (3) of paragraph 1 there shall be substituted the following sub-paragraphs—

(3) Subject to sub-paragraph (3A) of this paragraph, to paragraph 2 of Schedule 10, to regulations G1 (commutation) and, in the case of a person who has a guaranteed minimum pension, to regulation F7, the annual amount of the pension payable to a person under this paragraph shall be a sum equal to the aggregate of the amounts produced, in relation to each year or part of a year comprised in his aggregate period of reckonable service as a participating Member, by multiplying the relevant terminal salary by the appropriate fraction. (3A) The annual amount of the pension payable to a person under this paragraph shall not exceed the amount equal to two-thirds of the relevant terminal salary except to the extent that it is calculated by reference to so much (if any) of that person’s aggregate period of reckonable service as a participating Member as fell after he attained the age of sixty-five years; and the said annual amount shall not, in any event, exceed such maximum pension as may for the time being be imposed in relation to that person by regulation F5 and Schedule 2.

• (b) After sub-paragraph (4) of paragraph 1 there shall be inserted the following sub-paragraphs—

(4A) In sub-paragraph (3) of this paragraph “the appropriate fraction”, in relation to a year or part of a year comprised in a person’s aggregate period of reckonable service as a participating Member, means— (a) in the case of a year or part of a year ending before 20th July 1983, one-sixtieth or, as the case may be, the fraction which bears to one-sixtieth the same proportion as the number of days in that part of a year bears to three hundred and sixty-five; and (b) in the case of a year or part of a year beginning on or after 20th July 1983, one-fiftieth or, as the case may be, the fraction which bears to one-fiftieth the same proportion as the number of days in that part of a year bears to three hundred and sixty-five. (4B) For the purposes of sub-paragraph (4A) of this paragraph where a year or part of a year comprised in a person’s aggregate period of reckonable service as a Member began before, but ended on or after, 20th July 1983— (a) so much of that year or part of a year as ended with 19th July 1983 shall be treated as a part of a year in relation to which paragraph (a) of that sub-paragraph applies; and (b) the remainder of that year or part of a year shall be treated as a part of a year in relation to which paragraph (b) of that sub-paragraph applies.

Office holders whose service ended between 1st April 1972 and 1st August 1978

3

• (1) Subject to the next following sub-paragraph, this paragraph applies to a person who—

• (a) was a participating office holder on or after 1st January 1972; and

• (b) has not been a participating office holder at any time after 1st August 1978; and

• (c) fulfils conditions (a) to (d) in subparagraph 1(1) of this Schedule.

• (2) No pension shall be payable under this paragraph to a person who is or has been Prime Minister and First Lord of the Treasury or Speaker of the House of Commons or Lord Chancellor.

• (3) The same person may be entitled to a pension under paragraph 1 of this Schedule and to a pension under this paragraph, and the amounts of the two pensions shall be cumulative.

4

• (1) Subject to paragraph 4 of Schedule 10 and to regulation G1 (Commutation) and, in the case of a person who has a guaranteed minimum pension, to regulation F7, the provisions of this paragraph shall have effect for the purpose of calculating the annual amount of a pension payable to a person under paragraph 3 above.

• (2) For each year of which the whole or any part was comprised in the pensioner’s aggregate period of reckonable service as a participating office holder the following amounts shall be calculated—

• (a) an amount equal to the sums deducted under regulation D2 in respect of that year from the person’s salary (within the meaning of that regulation), and

• (b) an amount equal to five per cent of the aggregate amount which (in accordance with such one or more resolutions of the House of Commons relating to the remuneration of Members as were in force during the whole or any part of that year) constituted a Member’s ordinary salary in respect of that year;

and for each such year there shall be calculated the amount (in these Regulations referred to, in relation to any such year, as “the contribution factor” (for that year)) which is equal to the amount calculated under paragraph (a) divided by the amount calculated under paragraph (b) of this sub-paragraph.

• (3) For each such year as is mentioned in sub-paragraph (2) of this paragraph a contribution credit shall be calculated by multiplying one-sixtieth of the relevant terminal salary by the amount of the contribution factor for that year; and, subject to the next following sub-paragraph and to regulation G1 the annual amount of the pension payable to the person under paragraph 3 shall be an amount equal to the aggregate of the contribution credits calculated under this sub-paragraph.

• (4) In sub-paragraphs (2) and (3) of this paragraph “year” means a period of twelve months beginning with 1st April.

• (5) In this paragraph “the relevant terminal salary”:

• (a) if the person’s actual period of reckonable service as a participating office holder was more than twelve months, means the amount of a Members pensionable salary for the last twelve months (whether continuous or discontinuous) comprised in that aggregate period of reckonable service, and

• (b) if the person’s actual period of reckonable service as a participating office holder was less than twelve months, means an amount calculated by taking the amount of a Member’s pensionable salary for the period (whether continuous or discontinuous) which constituted the aggregate period of reckonable service as a participating office holder and multiplying it by the appropriate figure;

and in paragraph (b) of this sub-paragraph “the appropriate figure” means the figure (whether being a whole number or not) by which the number of days comprised in the person’s aggregate period of reckonable service as a participating office holder must be multiplied in order to be equal to twelve months.

Office holders whose service ended between 2nd August 1978 and 19th July 1983

5

• (1) This paragraph applies to a person who:

• (a) was a participating office holder on or after 2nd August 1978; and

• (b) has not been a participating office holder at any time after 19th July 1983; and

• (c) fulfils conditions (a), (b) and (d) in sub-paragraph 1(1) of this Schedule.

• (2) A person who satisfies the conditions in sub-paragraph (1) above shall be entitled to receive a pension under paragraph 3 of this Schedule calculated in accordance with the provisions of paragraph 4 provided that his aggregate period of reckonable service as a participant is not or was not less than three years.

Office holders whose service ended between 20th July 1983 and 31st July 1984

6

• (1) This paragraph applies to a person who:

• (a) was a participating office holder on or after 20th July 1983; and

• (b) has not been a participating office holder at any time after 30th July 1984; and

• (c) fulfils conditions (a) to (d) in paragraph 1(1) of this Schedule, subject to the modification that his aggregate period of reckonable service as a participant is not or was not less than three years.

• (2) In relation to a person to whom this paragraph applies paragraphs 3 and 4 of this Schedule shall have effect with the following modifications—

• (a) for the reference to paragraph 4 of Schedule 10 in paragraph 4(1), there shall be substituted a reference to paragraph 5 of Schedule 10.

• (b) for paragraph 4(2)(b) (calculation of contribution factor by reference to five per cent of a Member’s pensionable salary for particular years), there shall be substituted the following paragraph

(b) an amount equal to the aggregate amount which fell to be deducted under regulation D1 from the payments of salary made in respect of that year to any person who was a Member of the House of Commons throughout that year

• (3) In paragraph 4(3) (contribution credit calculated by reference to one-sixtieth of the relevant terminal salary):

• (a) for the words “one-sixtieth” there shall be substituted the words “the appropriate fraction”; and

• (b) for the words “the next following sub-paragraph” there shall be substituted the words “sub-paragraph (3B) of this paragraph and paragraph 5 of Schedule 9”.

• (4) After paragraph 4(3) there shall be inserted the following sub-paragraphs:

(3A) In sub-paragraph (3) of this paragraph “the appropriate fraction” means— (a) in relation to the year beginning with 1st April 1984 and subsequent years, one-fiftieth; (b) in relation to the year beginning with 1st April 1982 and previous years, one-sixtieth; and (c) in relation to the year beginning with 1st April 1983— (i) in the case of a person who held a qualifying office at some time in the period beginning with 1st April 1983 and ending with 19th July 1983 but did not hold such an office at any time in the period beginning with 20th July and ending with 31st March 1984, one-sixtieth; (ii) in the case of a person who did not hold such an office at any time in the first of those periods but did hold such an office at some time in the second of those periods, one-fiftieth; and (iii) in the case of a person who held such an office at some time in each of those periods, nineteen-thousandths. (3B) The annual amount of the pension payable to a person under paragraph 4 shall not exceed the amount equal to two-thirds of the product of— (a) the relevant terminal salary, and (b) the average of all the contribution factors calculated in relation to that person under sub-paragraph (2) of this paragraph, except to the extent that the said annual amount is calculated by reference to any years beginning after that person attained the age of sixty-five years; and the said annual amount shall not, in any event, exceed such maximum pension as may for the time being be imposed in relation to that person by regulation F5 and Schedule 2.

SCHEDULE 10 — Early retirement and early abated pensions

Members with service between 1st January 1972 and 19th July 1983

1

• (a) Where on or after 1st January 1972 a person has ceased to be a Member of the House of Commons and before 20th July 1983 the conditions specified in paragraphs (a) to (c) of paragraph 1(1) of Schedule 9 were fulfilled in relation to him, and he has attained the age of sixty years but has not attained the age of sixty-five years, then if—

• (i) he applies to the Trustees for an immediate pension under this paragraph, and

• (ii) the Trustees are satisfied that he does not intend to stand for re-election to the House of Commons, he shall be entitled to receive a pension under this paragraph as if he had attained the age of sixty-five years on the date of his application, or, if later, such other date as may be there specified; but the annual amount of the pension to which he is so entitled, both before and after he attains the age of sixty-five years, shall (subject to regulation G1 (commutation)) be an amount calculated in accordance with paragraph 1(3) of Schedule 9, reduced by such amount as the Government Actuary determines to be appropriate, having regard to the length of the period beginning with the date of his application, or, if later, such other date as may be there specified and ending with the date on which he would attain the age of sixty-five years.

• (b) In the case of a person who was a participating Member on or after 6th April 1978 and who is entitled to a guaranteed minimum penson, the amount calculated by virtue of sub-paragraph (a) above shall not be reduced below the rate of the guaranteed minimum pension, as provided for by regulation F7.

Members with service between 20th July 1983 and 31st July 1984

2

In relation to a person who—

• (a) was a Member of the House of Commons on or after 20th July 1983; and

• (b) has before 31st July 1984 fulfilled the conditions specified in paragraphs (a) to (c) of paragraph 1(1) of Schedule 9; and

• (c) has attained the age of sixty years but has not attained the age of sixty-five years,

paragraphs 1(a)(i) and (ii) and 1(b) above shall have effect with the following modifications, that is to say—

• (i) for the reference to paragraph 1(3) of Schedule 9 there shall be substituted a reference to paragraph 1(3) as modified by paragraph 2(2) of that Schedule.

Members with service between 1st August 1984 and 1st April 1991

3

In relation to a person who—

• (a) was a Member of the House of Commons on or after 31st July 1984; and

• (b) has on or before 1st April 1991 fulfilled the conditions specified in paragraphs (a) and (b) of paragraph 1(1) of Schedule 9; and

• (c) has attained the age of fifty years but has not attained the age of sixty-five years,

paragraphs 1(a)(i) and (ii) and 1(b) above shall have effect with the following modifications, that is to say—

• (i) for the reference to paragraph 1(3) of Schedule 9 there shall be substituted a reference to regulation F2.

Office holders with service between 1st January 1972 and 19th July 1983

4

• (1) Where a person

• (a) was the holder of a qualifying office on or after 1st January 1972; and

• (b) has before 20th July 1983 fulfilled the conditions specified in paragraphs (a) to (c) of paragraph 1(1) of Schedule 9; and

• (c) would be entitled to a pension under paragraphs 3 and 4 or under paragraph 5 of Schedule 9 if he had attained the age of sixty-five years; and

• (d) has attained the age of sixty years;

then if—

• (i) he applies to the Trustees for an immediate pension under those paragraphs, and

• (ii) the Trustees are satisfied that he does not intend to stand for election to the House of Commons or to accept any further appointment to a qualifying office,

he shall be entitled to receive a pension under those paragraphs as if he had attained the age of sixty-five years on the date of his application or, if later, such other date as may be there specified; but the annual amount of the pension to which he is so entitled, both before and after he attains the age of sixty-five years, shall (subject to Regulation G1 (commutation)) be an amount calculated in accordance with paragraphs 3 and 4 or paragraph 5 of Schedule 9, reduced by such amount as the Government Actuary determines to be appropriate, having regard to the length of the period beginning with the date of his application or, if later, such other date as may be there specified and ending with the date on which he would attain the age of sixty-five years.

• (2) In the case of a person who was a participating officer holder on or after 6th April 1978 and who is entitled to a guaranteed minimum pension, the amount calculated by virtue of sub-paragraph (1) above shall not be reduced below the rate of the guaranteed minimum pension, as provided for by regulation F7.

Office holders with service between 20th July 1983 and 30th July 1984

5

Where a person

• (a) was the holder of a qualifying office on or after 20th July 1983; and

• (b) has before 31st July 1984 fulfilled the conditions specified in paragraphs (a) to (c) of paragraph 1(1) of Schedule 9;

paragraph (4) above shall have effect with the following modifications—

• (i) for the references to paragraphs 3 and 4 or paragraph 5 of Schedule 9 there shall be substituted references to paragraphs 3 and 4 as modified by paragraph 6 of Schedule 9.

Office holders with service between 31st July 1984 and 1st April 1991

6

A person who—

• (a) was the holder of a qualifying office on or after 31st July 1984; and

• (b) has not held a qualifying office at any time after 1st April 1991; and

• (c) is entitled to a pension under paragraph 3 of this Schedule

shall also (subject to part G (commutation)) be entitled to receive a pension under this paragraph calculated in accordance with regulation F4, reduced by such amount as the Government Actuary determines to be appropriate, having regard to the length of the period beginning with the date of his application, or, if later, such other date as may be there specified and ending with the date on which he would attain the age of sixty-five years.

SCHEDULE 11 — Ill-health pensions

Members with preserved rights from before 1972

1

in relation to a person who—

• (a) was a Member of the House of Commons at any time before 1st January 1972 but has not been a Member of that House on or after that date; and

• (b) because of ill-health ceases to hold a qualifying office before attaining the age of sixty-five years,

paragraphs (1) to (4) of regulation J1 shall have effect with the following modifications—

• (i) references to regulation F1 shall be read as references to Part II of the 1965 Act;

• (ii) references to a person’s aggregate period of reckonable service as a participating Member shall be read as references to the aggregate of his periods of reckonable service within the meaning of the said Part II; and

• (iii) in paragraph (4) the reference to regulation G1 shall be omitted and the reference to regulation F2 shall be read as a reference to section 7(3) of the 1965 Act.

SCHEDULE 12 — Widows, Widowers and Children

Widows of men with service between 1st January 1972 and 1st August 1978

1

• (1) The widow of a man who was a participant on or after 1st January 1972 and who has not been a participant at any time after 1st August 1978 shall be entitled to receive a pension under this paragraph if her late husband, at the time of his death,

• (a) was entitled to receive a pension under paragraph 1 or paragraph 3 of Schedule 9, or under both those paragraphs, or

• (b) was not so entitled, but had an aggregate period of reckonable service as a participant of not less than four years, and either had been a Member of the House of Commons on or after 1st January 1972 or had elected to be a participant under section 2 of the 1972 Act in respect of one or more periods of tenure of a qualifying office.

• (2) Subject to paragraph (8) below, the annual amount of a pension payable under this paragraph to a widow whose husband died on or after 6th April 1988 shall be five-eighths of the basic or prospective pension or pensions of her late husband.

• (3) Subject to sub-paragraphs (4) and (6), a pension payable under this paragraph to a widow shall continue for her life or until her remarriage; but in the case of remarriage the Trustees may, if they think fit, at any time direct that the pension shall be restored if satisfied that the subsequent marriage has been terminated or that there are exceptional reasons for the payment of the pension notwithstanding the subsistence of that marriage.

• (4) No pension shall be payable under this paragraph to a widow who, at her husband’s death, was cohabiting with another person; and if a widow entitled to such a pension cohabits with another person, the pension shall cease to be payable:

• Provided that the Trustees may, if they think fit, direct that the pension shall be paid or restored, as the case may be, if satisfied that the cohabitation has been terminated and that there are exceptional reasons for the payment of the pension.

• (5) Where the employment of any participant to whom these Regulations apply was contracted-out under Part III of the Pensions Act 1975 and he has a guaranteed minimum pension under these Regulations his widow shall, upon his death, notwithstanding the provisions of paragraphs (3) and (4), be entitled to a pension for the remainder of her life at a rate equivalent to a weekly rate of not less than half the guaranteed minimum of that man, notwithstanding any provision of these Regulations to the contrary.

• (6) During any period specified in section 36(6) of the Pensions Act 1975 [^f00025] as being a period during which a Category B retirement pension, widowed mother’s allowance or widow’s pension is payable to her under that subsection, the widow of a participant shall, notwithstanding the provisions of sub-paragraphs (3) and (4) above, be entitled to a pension under sub-paragraphs (1) and (2) above, but if after she has attained the age of sixty years she remarries or cohabits with another person, the Trustees may direct that the pension be restricted to the guaranteed minimum pension to which she is entitled.

• (7) Where a man dies in circumstances in which, apart from this sub-paragraph, a widow’s pension calculated in accordance with sub-paragraph (2) would be payable to a woman married by him within the six months ending with his death, and it appears to the Trustees that his death within six months was to be foreseen by him at the date of the marriage, then if—

• (a) there are no children of that marriage;

• (b) the man was married to her after the termination of his service in contracted-out employment in respect of which the widow’s pension is payable; and

• (c) the rate of the widow’s pension payable to her would be in excess of the widow’s guaranteed minimum pension,

the Trustees may direct that any part of the widow’s pension which is in excess of the widow’s guaranteed minimum pension shall not be payable.

• (8) The annual amount of a pension payable to a widow whose husband died on or before 5th April 1988 shall be one-half of the basic or prospective pension or pensions of her late husband.

Widows of men with service between 2nd August 1978 and 30th July 1984.

2

• (1) In relation to a widow of a man who—

• (a) was a participant on or after 2nd August 1978; and

• (b) has not been a participant at any time after 30th July 1984—

Widowers of women with service between 1st January 1972 and 1st August 1978.

3

• (1) Subject to the provisions of this paragraph, the widower of a woman who was a participant on or after 1st January 1972 and who has not been a participant at any time after 1st August 1978 shall be entitled to receive a pension under this paragraph if, at the time of her death, he was incapable by reason of age or bodily or mental infirmity of earning his own living and was wholly or mainly dependent on her, and at that time either—

• (a) she was entitled to receive a pension under paragraph 1 or paragraph 3 of Schedule 9 or under both those paragraphs; or

• (b) she was not so entitled, but had an aggregate period of reckonable service as a participant of not less than four years.

• (2) The annual amount of a widower’s pension under this paragraph shall be one-half of the basic or prospective pension or pensions of his late wife.

• (3) A pension under this paragraph shall, subject to the following provisions of this paragraph, continue for the life of the widower, but may be terminated by direction of the Trustees in the event of his remarriage or of his ceasing to be incapable as mentioned in sub-paragraph (1) above.

• (4) A pension terminated under sub-paragraph (3) above may be restored by direction of the Trustees if at any time the marriage upon which it was terminated comes to an end or the pensioner again becomes incapable as mentioned in sub-paragraph (1) above, or if the Trustees are satisfied that for exceptional reasons it is proper to restore the pension.

• (5) Sub-paragraphs (4), (5), (6) and (7) of paragraph 1 of this Schedule shall apply for the purposes of this paragraph with the necessary modifications.

Widowers of women with service between 2nd August 1978 and 30th July 1984.

4

• (1) Subject to the provisions of this paragraph the widower of a woman who—

• (a) was a participant on or after 2nd August 1978; and

• (b) has not been a participant at any time after 30th July 1984—

shall be entitled to receive a pension under this paragraph if, at the time of her death either—

• (a) she was entitled to receive a pension under one or more than one of paragraphs 1, 5 or 6 of Schedule 9, or

• (b) she was not so entitled, but—

• (i) had been a participating Member on or after 1st January 1972 and had an aggregate period of reckonable service as a participant of not less than four years; or

• (ii) had been a participating office holder on or after 1st April 1972 and had an aggregate period of reckonable service as a participant of not less than three years.

• (2) A widower shall be entitled to receive a pension under this paragraph—

• (a) as from the day following the date of his wife’s death if at the time of her death he had attained the age of sixty-five years or, before attaining that age, was incapable by reason of bodily or mental infirmity of earning his own living; or

• (b) where the preceding paragraph does not apply, as from the time he attains the age of sixty-five years or, before attaining that age, becomes incapable as mentioned in that paragraph.

• (3) The annual amount of a widower’s pension under this paragraph shall be one-half of the basic or prospective pension or pensions of his late wife.

• (4) A pension under this paragraph shall, subject to the following provisions of this paragraph, continue for the life of the widower, but may be terminated by direction of the Trustees in the event of his remarriage or of his ceasing to be incapable as mentioned in sub-paragraph (2) above before he attains the age of sixty-five years.

• (5) A pension terminated under sub-paragraph (4) above may be restored by direction of the Trustees if at any time the marriage upon which it was terminated comes to an end or the pensioner again becomes incapable as mentioned in sub-paragraph (2) above, or if the Trustees are satisfied that for exceptional reasons it is proper to restore the pension.

• (6) A pension terminated under sub-paragraph (4) above on the grounds that the widower has ceased to be incapable as mentioned in sub-paragraph (2) above shall be restored as from the time he attains the age of sixty-five years provided that he has not remarried.

• (7) Sub-paragraphs (4), (5), (6) and (7) of paragraph 1 of this Schedule shall apply for the purposes of this paragraph with the necessary modifications.

Children of persons with service between 1st January 1972 and 1st August 1978

5

• (1) A children’s pension shall be payable under and subject to the provisions of this paragraph for the benefit of any relevant child or children of a person who has been a participant on or after 1st January 1972 and who is or has been married, if at the time of his death the condition specified in paragraph 1(1)(a) or in paragraph 1(1)(b) of this Schedule is fulfilled in his case and if he has not been a Member of the House of Commons and has not held a qualifying office at any time after 1st August 1978.

• (2) Subject to the next following sub-paragraph, the annual amount of a children’s pension payable under this paragraph for the benefit of any relevant child or children of a person who has died on or after 6th April 1988 shall be:

• (a) a sum equal to one-quarter of the basic or prospective pension or pensions of the deceased if there is one child or, if there is more than one, a sum equal to three-sixteenths of the basic or prospective pension or pensions of the deceased for each relevant child not exceeding two; or

• (b) if the widow or widower is dead and subject to paragraph (4) below, a sum equal to five-sixteenths of the basic or prospective pension or pensions of the deceased for each relevant child not exceeding two.

• (3) Where the deceased left a widow or widower who was (or, apart from the provision as to cohabitation, would have been) entitled to a pension under paragraph 1 or paragraph 3 to this Schedule, and that pension—

• (a) has ceased to be payable in consequence of the remarriage of the widow or widower, or

• (b) was not payable, or has ceased to be payable, by reason of the provision as to cohabitation, any children’s pension under this section shall cease to be payable or, as the case may be, shall not be payable unless and until the Trustees for exceptional reasons direct that the children’s pension shall be payable; and if the Trustees so direct, they may, if they think fit, further direct that sub-paragraph (2)(b) of this paragraph shall apply as if the widow or widower had died.

• (4) A children’s pension under this paragraph shall be paid to or distributed between such person or persons as the Trustees may from time to time direct, and shall be applied by that person or those persons, without distinction, for the benefit of the relevant child or children of the deceased or such of them as the Trustees may from time to time direct.

• (5) In this paragraph “child”, in relation to any person, includes an illegitimate child, a stepchild or an adopted child and “relevant child” (subject to the provisions of Schedule 5) means any child of the deceased, or of any wife or husband of the deceased who—

• (a) is under sixteen years of age, or

• (b) is under twenty-two years of age and is within his period of full-time education as defined by that Schedule, or

• (c) was at the time of the death of the deceased wholly or mainly dependent on the deceased and was at that time and has at all times since been either a person falling within paragraph (a) or paragraph (b) of this sub-paragraph or incapable, and likely to remain permanently incapable, by reason of bodily or mental infirmity, of earning his own living, and is not for the time being maintained out of moneys provided by Parliament in a hospital or similar institution so maintained, and

“the provision as to cohabitation” means paragraph 1(4) of this Schedule, or that paragraph as applied by paragraph 3(5).

Children of persons with service between 2nd August 1978 and 30th July 1984

6

• (1) In relation to a child of a person who:

• (a) was a participant on or after 2nd August 1978; and who

• (b) has not been a participant at any time after 30th July 1984

paragraph 5 above and Schedule 5 shall have effect with the following modifications—

• (i) from sub-paragraph (2) there shall be deleted the words “subject to the next following sub-paragraph”;

• (ii) in sub-paragraph (3) the words from “and if” to the end of the sub-paragraph shall be deleted;

• (iii) in paragraph (a) of sub-paragraph (5) there shall be substituted for the word “sixteen” the word “seventeen”.

Meaning of “basic or prospective pension or pensions”: persons with service between 1st January 1972 and 1st August 1978.

7

• (1) In paragraphs 1, 3 and 5 of this Schedule, “basic or prospective pension or pensions”, in relation to a person who has died and who at the time of his death was entitled to receive a pension under paragraph 1 or paragraph 3 of Schedule 9, or under both those paragraphs, means the annual amount of that pension calculated in accordance with paragraph 1 or paragraph 4 of Schedule 9, or the aggregate of the annual amounts of those pensions so calculated, as the case may be; and in relation to a person who has died and who had not before his death become entitled to receive a pension under either of those paragraphs, but had at the time of his death an aggregate period of reckonable service (as a participant) of not less than four years, it means the annual amount specified in whichever of the following sub-paragraphs is applicable in his case, or, if both those sub-paragraphs are applicable, it means the aggregate of the annual amounts specified in those sub-paragraphs—

• (a) where the deceased was a participating Member at any time on or after 1st January 1972, the annual amount of the pension, calculated in accordance with paragraph 1 of Schedule 9, which he would have been entitled to receive under that paragraph if he had ceased to be a participating Member immediately before his death and he had then fulfilled the conditions specified in paragraphs (a) to (d) of subparagraph (1) of that paragraph;

• (b) where the deceased was a participating office holder in respect of one or more periods of tenure of a qualifying office, the annual amount of the pension, calculated in accordance with paragraph 4 of Schedule 9 which he would have been entitled to receive under paragraph 3 of Schedule 9 if immediately before his death he had fulfilled the conditions mentioned in the preceding paragraph.

Meaning of “basic or prospective pension or pensions”: persons with service between 2nd August 1978 and 30th July 1984

8

In relation to a person who—

• (a) was a participant on or after 2nd August 1978; and

• (b) has not been a participant at any time after 30th July 1984,

paragraph 7 above shall apply with the following modifications—

• (i) for the reference to “paragraphs 1, 3, and 5 of this Schedule” there shall be substituted a reference to “paragraphs 2, 4, and 6 of this Schedule”;

• (ii) for references to “paragraph 1 of Schedule 9” (except for the reference in paragraph (a)) there shall be substituted references to “paragraph 1 or paragraph 2 of Schedule 9”;

• (iii) for references to “paragraph 3 of Schedule 9” there shall be substituted references to “paragraph 5 of Schedule 9”;

• (iv) for references to “paragraph 4 of Schedule 9” there shall be substituted references to “paragraph 6 of Schedule 9”;

• (v) after “means”, where it first occurs, there shall be substituted“ (subject to sub-paragraph (1A) below)”;

• (vi) there shall be omitted the words from “but had” to “four years”;

• (vii) in paragraph (b), for “mentioned in the preceding paragraph” there shall be substituted

• “specified in paragraphs (a) to (d) of paragraph 1 of Schedule 9, paragraph (c) of the said paragraph 1 being for this purpose read as provided in paragraph 5(2) of this Schedule.”

• (viii) after sub-paragraph (1) there shall be inserted—

(1A) Where, in the case of a person who has died and who at the time of his death was entitled to receive a pension under any paragraph or paragraphs of Schedule 9, the annual amount of that pension resulted from one or more reduction or abatement made on commutation or early retirement, no such reductions or abatements shall be made in calculating the annual amount of that pension for the purposes of sub-paragraph 1 above.

SCHEDULE 13 — Gratuities on death after retirement

Persons with service between 1st January 1972 and 1st August 1978

1

• (1) This paragraph applies in relation to a person who was a participant on or after 1st January 1972 and who has not been a participant at any time after 1st August 1978.

• (2) Where a participant dies in circumstances where he has become entitled to receive a pension under paragraph 1 or paragraph 3 of Schedule 9 or under both those paragraphs and no pension in respect of him is payable under paragraph 1, paragraph 3, or paragraph 5 of Schedule 12, the Trustees may, if they think fit in their discretion to do so, grant to his personal representatives a gratuity under this paragraph.

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

• (a) the greater of—

• (i) the amount of a Member’s pensionable salary at the time of his death;

• (ii) the aggregate of the contributions paid by that person, and not refunded to him, together with interest on each such contribution from the date when it was paid, and

• (b) the aggregate amount of the payments made to him by way of pension under paragraph 1 or paragraph 3 of schedule 9 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 paragraph (a) exceeds the amount calculated under paragraph (b) of this sub-paragraph.

Persons with service between 2nd August 1978 and 30th July 1984.

2

• (1) This paragraph applies in relation to a person who was a participant on or after 2nd August 1978 and who has not been a participant at any time after 30th July 1984.

• (2) In relation to a person who satisfies the conditions in sub-paragraph (1) above, paragraph 1 of this Schedule applies with the following modification—

• (a) for the reference in sub-paragraph (2) to paragraph 1, paragraph 3 or paragraph 5 of Schedule 12, there shall be substituted a reference to paragraph 2, paragraph 4 or paragraph 6 of Schedule 12.

Persons with service between 31st July 1984 and 5th April 1988.

3

• (1) This paragraph applies in relation to a person who was a participant on or after 31st July 1984 and who has not been a participant at any time after 5th April 1988.

• (2) In relation to a person who satisfies the conditions in sub-paragraph 1 above, regulation L2 applies with the following modification—

• (a) there shall be substituted for paragraph 3 the following paragraph:

(3) For the purpose of determining the amount of a gratuity which may be granted in respect of a person under this regulation, there shall be calculated— (a) the greater of— (i) the amount of a Member’s pensionable salary at the time of his death; (ii) the aggregate of the contributions paid by that person, and not refunded to him, together with interest on each such contribution from the date when it was paid and (b) the aggregate amount of the payments made to him by way of pension under regulation F1 or F3 together with any lump sum paid to him under regulation G1;

SCHEDULE 14 — Refunds

Contributions paid under section 5 of the 1965 Act

1

Any contributions paid under section 5 of the 1965 Act by a person who—

• (a) ceased to be a Member of the House of Commons before 1st January 1972 and has not been a Member of that House at any time on or after that date; and

• (b) did not complete ten years reckonable service within the meaning of Part II of that Act,

shall at his request (if they have not previously been refunded) be refunded to him by the Trustees, with interest from the dates on which the contributions were paid respectively.

Signed

Tony Newton — Leader of the House of Commons — 22nd December 1993

We consent

Tim Wood — Andrew Mackay — Two of the Lords Commissioners of Her Majesty’s Treasury — 24th December 1993

Explanatory note

(This note is not part of the Regulations)

These Regulations consolidate the provisions revoked by regulation R5 and Schedule 8. These comprise:

• (1) primary legislation (“the repealed enactments”) governing the payment of pensions from the Parliamentary Contributory Pension Fund (“the Fund”), repealed by Section 6 of, and Schedule 4 to, the Parliamentary and other Pensions Act 1987 (“the 1987 Act”), but which, under section 2 of and Schedule 2 to the 1987 Act, has continued to have effect as if contained in regulations made under section 2 of that Act;

• (2) regulations made under the repealed enactments which have similarly continued to have effect;

• (3) regulations made under section 2 of the 1987 Act; and

• (4) the Parliamentary and other Pensions (Contracted-Out Provisions) Order 1978, which modified the Parliamentary and other Pensions Act 1972, one of the repealed enactments, to the extent necessary to enable the provisions of that Act to become a contracted-out pension Scheme for the purposes of the Social Security Pensions Act 1975.

There are some changes of substance. Part C includes provisions required by section 15 of the Social Security Act 1986 permitting participants to opt out of membership of the Parliamentary Pension Scheme and Part P contains a consequential provision enabling accrued benefits to be transferred to a personal pension scheme. Amendments to the children’s pension provisions in Part K and Schedule 6 achieve equal treatment in that regard for women participants in the Fund in respect of service after 17 May 1990. Part M introduces a guarantee which continues payment in full to a participant’s survivors of a pension which has come into payment before the death of the participant until the expiry of the period of five years after it first came into payment, or, if at any relevant time there are no survivors qualifying for a pension, makes payment of a lump sum in lieu. Amendments are also made to apply the earnings cap imposed by section 590C of the Income and Corporation Taxes Act 1988 to participants who joined the Parliamentary Pension Scheme on or after 1st June 1989 and to bring the Regulations into line with social security legislation.

The Regulations also introduce provisions which enable a Prime Minister or Speaker in office on or after 28th February 1991 to participate in the Parliamentary Pension Scheme out of remuneration received as a Member of the House of Commons.

Section 2 of the 1987 Act confers express power to make regulations retrospective in effect. These Regulations are to a certain extent retrospective, but provision is made for opting out where rights in relation to former participants could be adversely affected (regulation R3).

Footnotes

[^f00001]: 1987 c. 45; section 2(3) was amended by the Ministerial and other Pensions and Salaries Act 1991 (c. 5), section 2.

[^f00002]: 1965 c. 11; the whole of this Act was repealed with savings by the Parliamentary and other Pensions Act 1972 (c. 48), section 36(1)(b) and Schedule 4. The repeal does not affect the operation of any of the provisions of Part II of the Act or of Schedule 2 or Schedule 3 to the Act, in relation to the deduction of contributions from Members of the House of Commons before 1st January 1972, and to any refund of contributions to or to any pension payable to or in respect of a person who last served as a Member of the House of Commons before 1st January 1972.

[^f00003]: 1972 c. 48 Part 1 of this Act (sections 1-25), and sections 30, 33 and 35 were repealed, with savings, by the Parliamentary and other Pensions Act 1987 (c. 45). Those enactments (other than sections 1(1) to (4) and (7), 5, 23 and 24(4)) have continued to have effect as if they were contained in regulations made in accordance with section 2 of the 1987 Act.

[^f00004]: 1975 c. 60.

[^f00005]: 1988 c. 1.

[^f00006]: Section 42(1) was amended by the Social Security Act 1985 (c. 53), Schedule 5, paragraph 25(1) and by the Social Security Act 1986 (c. 50), Schedule 2, paragraph 6(1), and Schedule 10 paragraph 21.

[^f00007]: Section 35(2) was amended by the Social Security Act 1986 (c. 50), Schedule 8 paragraph 8. Section 35(2A) was inserted by the Social Security Act 1989 (c. 24), Schedule 6 paragraph 5. Section 35(3) was substituted by the Social Security Act 1986 (c. 50), section 9(1). Section 35(4) was amended by the Social Security Act 1979 (c. 18), Schedule 3 paragraph 13. Section 35(5) was amended by the Social Security Act 1979 (c. 18), Schedule 3 paragraph 18(a), by the Social Security Act 1988 (c. 7), Schedule 2, paragraphs 1(2) and (3), and by the Social Security (Consequential Provisions) Act 1992 (c. 6), Schedule 2 paragraph 27(2). Section 35(6) was amended by the Social Security (Miscellaneous Provisions) Act 1977 (c. 5), section 3(2). Section 35(6A) and (6B) were inserted by the Social Security Act 1986 (c. 50), section 9(2). Section 35(7) was amended by the Social Security Act 1979 (c. 18), Schedule 3 paragraph 18(b), by the Social Security Act 1985 (c. 53), Schedule 3, paragraphs 2(1) and (2) and 7 and by the Social Security (Consequential Provisions) Act 1992 (c. 6), Schedule 2, paragraph 27(2). Section 35(8) was amended and subsection (8A) was inserted by the Social Security Act 1985 (c. 53), Schedule 3, paragraph 8. Section 36(3) was substituted by the Social Security Act 1986 (c. 50), section 9(3).

[^f00008]: Section 590C was inserted into the Taxes Act 1988 by the Finance Act 1989 (c. 26), Schedule 6, paragraphs 4 and 18(2).