The European Parliament (United Kingdom Representatives) Pensions (Amendment) Order 2005

This Order may be cited as the European Parliament (United Kingdom Representatives) Pensions (Amendment) Order 2005 and shall come into force on 18 August 2005.

In this Order, “the Principal Order” means the European Parliamentary (United Kingdom Representatives) Pensions (Consolidation and Amendment) Order 1994^f1.

Subject to paragraphs (4) and (5), this Order shall have effect from 3^rd November 2004, but article 3 shall have effect from 1^st April 2004.

In relation to any time before section 1 of the Civil Partnership Act 2004^f2 comes into force in relation to England and Wales, the Principal Order (as amended by this Order) shall have effect with the omission of references to civil partner, surviving civil partner, civil partnership and forming a civil partnership.

From the date of the coming into force of section 1 of the Civil Partnership Act 2004 in relation to England and Wales, article 12A of the Principal Order (as inserted by article 8) shall have effect with the omission of the words “(or would not have been so prevented apart from being of the same sex)”.

After the definition of “added year” there shall be inserted—

• ““adult survivor” means a widow, widower or surviving civil partner or, in relation to a person who was a participant at any time on or after 3^rd November 2004, that person’s surviving adult dependant, as defined in article 12A;”.

After the definition of “the Managers” there shall be inserted–

• ““minimum pension age” means–

  1. (a)

     before 6^th April 2010, fifty; and

  2. (b)

     on and after 6^th April 2010, fifty-five.”

In sub–paragraph (2)(b) after the words “15^th July 2002” there shall be inserted the words “and ending before 1^st April 2004”.

At the end of sub–paragraph (2)(b) before the full stop there shall be inserted –

• “; and

  1. (c)

     in relation to a period beginning on or after 1^st April 2004,

     1. (i)

        is 10 per cent; or

     2. (ii)

        where a participant opts to contribute at a reduced rate, is 6 per cent”.

There shall be substituted for paragraph (2A) –

“(2A)

Where a person who is a Representative on 15^th July 2002 opts to contribute on or after 5^th July 2001 at the rate of 9 per cent, the appropriate percentage —

(a)

in relation to a payment of salary made in respect of a period beginning on or after 1^st April 1992 and ending before 5^th July 2001, is 6 per cent;

(b)

in relation to a period beginning on or after 5^th July 2001 and ending before 1^st April 2004, is 9 per cent; and

(c)

in relation to a period beginning on or after 1^st April 2004, is 10 per cent.”

There shall be substituted for paragraph (1) –

“(1)

Where a person who —

(a)

ceases to be a Representative;

(b)

has attained the minimum pension age;

(c)

has actual reckonable service excluding service on or after 20^th July 2009 of not less than fifteen years (hereinafter referred to in respect of a person as “his qualifying period”); and

(d)

has actual reckonable service as a participant that includes service on or after 2^nd April 1991 and before 4^th November 2004,

applies in writing to the Managers for an immediate pension under this article, then, if the Managers are satisfied that he does not intend to stand for re-election to the European Parliament, he shall be entitled to receive a pension under article 7 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 article 8) be an amount calculated in accordance with article 7 and abated in accordance with Schedule 4 except that the part of the pension accrued in respect of service on and after 20^th July 2009 shall be abated as if the participant had a qualifying period of 15 years.”.

In paragraph (2) after the words “another Parliament” there shall be inserted the words “before 20^th July 2009”.

After paragraph (3) there shall be inserted—

“(4)

Where a person who—

(a)

ceases to be a Representative;

(b)

has attained the minimum pension age; and

(c)

does not meet condition (c) of paragraph (1) above,

applies in writing to the Managers for an immediate pension under this article, then, if the Managers are satisfied that he does not intend to stand for re-election to the European Parliament, he shall be entitled to receive a pension under article 7 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 article 8) be an amount calculated in accordance with article 7 and abated by the relevant percentage under Schedule 4 that would have applied if the participant had a qualifying period of 15 years.”

In the heading there shall be substituted for the words “Widows' and widowers'” the words “Widows', widowers' and surviving civil partners'”.

For paragraph (4) there shall be substituted–

“(3A)

Subject to paragraphs (4) and (5), a pension payable under this article shall continue for life.

(4)

Subject to paragraph (5), a pension payable under this article to a widow, widower or surviving civil partner of a person who ceased to be a participant before 3^rd November 2004 shall cease on the date the widow, widower or surviving civil partner marries or forms a civil partnership, provided that the Treasury shall at any time restore the pension if at such time the Managers direct that they are satisfied that the subsequent marriage or civil partnership has been terminated or that there are exceptional reasons for the payment of the pension notwithstanding the subsistence of that marriage or civil partnership.”

In paragraph (5) after the words “this article” there shall be inserted the words “in respect of a person who ceased to be a participant before 3^rd November 2004”.

In sub-paragraph (2)(b) there shall be substituted for the words “widow or widower” the words “adult survivor”.

In paragraph (5) there shall be substituted for the words “wife or husband” the words “adult survivor”.

In the heading of article 15 there shall be substituted for the words “widows', widowers'” the words “adult survivors'”.

In paragraph (1) there shall be substituted for the words “widow of a man” the words “adult survivor of a person”.

In paragraph (1) after the words “under article 12” there shall be inserted the words “or article 12A”.

In paragraph (2) there shall be inserted after the words “under article 12” wherever they occur the words “or article 12A”.

In paragraph (4) there shall be substituted for the words “widow is entitled to receive a pension under article 12” the words “adult survivor is entitled to receive a pension under article 12 or article 12A”.

In paragraph (5) there shall be substituted for the words “widow under article 12” the words “adult survivor under article 12 or article 12A”.

In sub-paragraph (6)(a) there shall be substituted for the words “widow by way of pension under article 12” the words “adult survivor by way of pension under article 12 or article 12A”.

In paragraph (6) after the words “under article 12” there shall be inserted the words “or article 12A”.

In paragraph (8) there shall be substituted for the words “paragraphs (4), (5), and (8) of article 12 (duration of widow’s pension, and restrictions on payment)” the words “paragraphs (3A), (4), (5), and (8) of article 12 or paragraph (2) of article 12A”.

In the heading of paragraph 1 there shall be substituted for the words “widows and widowers” the words “adult survivors”.

In sub-paragraph (1) there shall be substituted for the words “a widow or widower” the words “an adult survivor”.

In paragraph (a) of sub-paragraph (2) there shall be substituted for the words “widow or widower by way of pension under article 12” the words “adult survivor by way of pension under article 12 or article 12A”.

At the end of sub-paragraph (2) there shall be substituted for the words “widow or widower” the words “adult survivor”.

In sub-paragraph (4) there shall be substituted for the words “widow or widower” wherever they occur the words “adult survivor”.

In the heading of paragraph 2 there shall be substituted for the words “no spouse survive” the words “no adult survivor”.

In sub-paragraph (1) there shall be substituted for the words “no spouse” the words “no adult survivor”.

There shall be substituted for the heading of paragraph 4 the heading “Status of adult survivor”.

At the start of sub-paragraph (1) there shall be substituted for the word “If” the words “Subject to sub-paragraph (3), if”.

There shall be substituted for paragraph (a) of sub-paragraph (1)–

“(a)

the adult survivor of that deceased pensioner marries or forms a civil partnership or cohabits with another person; and”.

In paragraph (b) of sub-paragraph (1) there shall be substituted for the words “widow’s or widower's” the words “adult survivor's”.

At the start of sub-paragraph (2) there shall be substituted for the word “If” the words “Subject to sub-paragraph (3), if”.

There shall be substituted for paragraph (a) of sub-paragraph (2) –

“(a)

the adult survivor of that deceased pensioner marries or forms a civil partnership or cohabits with another person; and”.

In paragraph (b) of sub-paragraph (2) there shall be substituted for the words “widow or widower” the words “widow, widower or surviving civil partner”.

After sub-paragraph (2) there shall be inserted –

“(3)

This paragraph shall only apply to payments in respect of persons who ceased to be participants before 3^rd November 2004.”