OpenLegislation

Paragraph 6 Certain former contributory employees

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

(1)

This paragraph applies to a person who—

(a)

immediately before 1st April 1974 was a contributory employee to whom the Acts of 1937 to 1953 and the regulations made under them applied either as modified or extended by, or together with, any local Act or scheme,

(b)

became on 1st April 1974 a pensionable employee under a scheduled body (within the meaning of the 1986 regulations), and

(c)

to whom immediately before the commencement date regulation G6 of the 1986 regulations applied,

and in relation to such a person the provisions which applied as mentioned in paragraph (a) are referred to in this regulation as his former occupational pension scheme.

(2)

Where any relevant provision of the person’s former occupational pension scheme would have been more beneficial than the corresponding provision of these regulations, these regulations have effect, for the appropriate period, as if the relevant provision had applied.

(3)

For the purposes of sub-paragraph (2) a provision of the former scheme is a relevant provision if it was similar to one of the following provisions of these regulations—

(a)

regulations B2(3) (latest retirement age and LRD);

(b)

regulation C2(2)(a) (exclusion from the definition of “remuneration” of payments for non-contractual overtime);

(c)

regulation C4 (member’s standard contributions);

(d)

regulation C3(1) (normal retirement age and NRD);

(e)

regulation D1 (pensionable remuneration);

(f)

regulation D14 (surrender of part of pension in favour of spouse or dependant);

(g)

Part I of Schedule D5 (reduction of pension of re-employed pensioner);

but paragraph (f) only applies where no election was made under regulation E19 of the 1974 regulations.

(4)

Where the person—

(a)

having ceased to be employed during the appropriate period by reason of his voluntary resignation, becomes entitled to receive a payment under regulation C21 (return of contributions), and

(b)

if his former occupational pension scheme had still applied to him, would have been entitled under it to receive a return of contributions together with interest,

he is entitled to receive out of the appropriate pension fund interest on so much of the amount payable to him under regulation C21 as is equal to the contributions paid by him in respect of service before 1st April 1972 to any superannuation fund under Part I of the Act of 1937 or under a local Act scheme.

(5)

Interest under paragraph (4) is to be calculated, to the date on which the person ceased to be employed, at the same rate and with the same rests as if it had been payable under his former occupational pension scheme.

(6)

If—

(a)

the person dies during the appropriate period, and

(b)

under his former occupational pension scheme a death gratuity would have been calculated by reference to a fraction (“the relevant fraction”) of his average remuneration (within the meaning of the Benefits regulations) greater than three eightieths,

the amount of the death grant payable under Part E is increased by an amount equal to the differential fraction of his pensionable remuneration, multiplied by the length in years of his period of membership before 1st April 1972.

(7)

For the purposes of this paragraph—

  • “the differential fraction” is the difference between the relevant fraction and three eightieths (expressed as a fraction); and “the appropriate period” is—

    1. (a)

      the period of application specified in the relevant provision of the person’s former occupational pension scheme, or

    2. (b)

      if no period is so specified, the period during which he continues in the employment of the body mentioned in sub-paragraph (1)(b).