OpenLegislation

Regulation 71 Reduction in pensions in case of wide age disparityI1

United Kingdom

(1)

If on the death of a member a pension is payable under regulation 65 or 67 (surviving spouses’ and civil partners’ pensions and other adult dependants’ pensions) to a person (“the beneficiary”) who is more than 12 years younger than the member, the annual rate of the pension calculated under this Chapter is reduced by the appropriate amount.

(2)

The appropriate amount is the lower of—

(a)

50% of the amount of the annual rate of the pension so calculated; or

(b)

2.5 x (N – 12)% of the annual rate of the pension,

where N is the number of whole years by which the beneficiary is younger than the member.

(3)

This regulation does not apply in respect of a member—

(a)

to whom rule K.8 or L.7 of the Armed Forces Pension Scheme Order 2005f1 (“2005 scheme”) would apply had the member not transferred from the 2005 scheme to this scheme; or

(b)

who on 31st March, 2015 was a member of a scheme listed in paragraphs 25, 26 or 27 of Schedule 5 to the Act.

Annotations

Commencement

I1

Reg. 71 in force at 1.4.2015, see reg. 1(2)

Footnotes

f1

S.I. 2005/438