OpenLegislation

Article 2 Interpretation

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In this Order, unless the context otherwise requires—

  • “the 1979 Act” means the European Parliament (Pay and Pensions) Act 1979;

  • “the Taxes Act 1988” means the Income and Corporation Taxes Act 1988f1;

  • “the Pensions Act 1993” means the Pension Schemes Act 1993f2;

  • “actual reckonable service” means in respect of a person, his aggregate period of reckonable service excluding—

    1. (i)

      any increase in that period by virtue of article 11(4);

    2. (ii)

      any period added by the direction of the Managers under article 24(2)(b); and

    3. (iii)

      any added years purchased pursuant to article 27 and to Schedule 7;

  • “added year” means a period of reckonable service purchased pursuant to article 27 and Schedule 7 including a part of a year expressed in days and any future added year;

  • “aggregate period of reckonable service” in relation to a person means the aggregate of all separate periods of reckonable service of that person together with increases pursuant to articles 24(2)(b) and 27 and to Schedule 7;

  • “basic or prospective pension” has the meaning assigned to it by article 12(9);

  • “contracted-out scheme” means an occupational pension scheme which is for the time being specified in a contracting-out certificate issued by the Occupational Pensions Board under regulations made in accordance with section 7 of the Pensions Act 1993;

  • “contribution” means any amount deducted from salary or deemed to have been paid under article 5 and any reference to the payment of a contribution shall be construed accordingly;

  • “deferred pensioner” means a person who—

    1. (a)

      having been but having ceased to be a participant; and

    2. (b)

      having accrued rights to a pension under the scheme,

    is not, or was not at his death, yet entitled to receive a pension under the scheme;

  • “fraction of a year” means part of a year of reckonable service expressed as the proportion borne by the number of days in that part to three hundred and sixty-five;

  • “guaranteed minimum” has the same meaning as in sections 14 to 16 and section 17(2) to (4) of the Pensions Act 1993;

  • “guaranteed minimum pension” has the same meaning as in section 8(2) of the Pensions Act 1993;

  • “interest” (where the reference is to the payment of any sum with interest) means compound interest at the rate of four per cent per annum calculated with annual rests;

  • “the life of a European Parliament” means the period beginning with the opening of the first session of the European Parliament following a general election of Representatives and ending on the day before the opening of the first session of the European Parliament following the next such general election;

  • “the Managers” has the meaning assigned to it by article 3;

  • “normal retirement date” means the date on which a participant reaches the age of sixty-five;

  • “overseas fund or scheme” means a fund or scheme which is established outside the United Kingdom or wholly or primarily administered outside the United Kingdom;

  • “participant” means a person making contributions under article 5 (or who is excused from making such contributions because his aggregate period of reckonable service exceeds that which would give rise to the maximum pension allowed in respect of him under the scheme);

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

  • “pensionable salary” has the meaning assigned to it by article 7(10)(a);

  • “pensioner” means a person entitled to receive a pension under the scheme;

  • “permitted maximum” for any tax year means the figure specified for that tax year in an Order made under section 590C of the Taxes Act 1988f3;

  • “the provision as to cohabitation” has the meaning assigned to it by article 14(5);

  • “the 1993 Regulations” means the Parliamentary Pensions (Consolidation and Amendment) Regulations 1993f4;

  • “reckonable service” has the meaning assigned to it by article 6;

  • “relevant child” has the meaning assigned to it by article 14(5);

  • “relevant date” means the relevant date for the determination under any provision of this Order of the pension of a person;

  • “relevant terminal salary” has the meaning assigned to it by article 7(10)(b);

  • “state scheme premium” has the meaning assigned to it by section 55 of the Pensions Act 1993;

  • “the scheme” means the pension scheme from time to time in force made for United Kingdom Representatives to the European Parliament under section 4 of the 1979 Act;

  • “tax year” means a year beginning on the 6th April in a year and ending on the following 5th April.

(2)

In this Order, except where the context otherwise requires:—

(a)

a reference to a numbered article or Schedule is a reference to the article of, or the Schedule to, this Order so numbered; and

(b)

a reference in an article or Schedule to a numbered paragraph is a reference to the paragraph of that article or Schedule so numbered; and

(c)

a reference in a paragraph to a numbered sub-paragraph is a reference to the sub-paragraph of that paragraph so numbered.

Annotations

Footnotes

f1

1988 c. 1.

f2

1993 c. 48.

f3

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

f4

S.I. 1993/3253.