Regulation E31 National InsuranceI1
England, Wales and Scotland
Where but for the revocation of the 1974 regulations the amount of a benefit would have fallen to be reduced under Part F of those regulations, the amount shall be reduced as if that Part had not been revoked.
No provision in these regulations—
for the surrender or assignment of a pension, or
for the reduction, termination or suspension of a pension, where the provision is invoked for any cause other than one prescribed by regulations made or deemed to have been made under section 57(1)(c) of the Insurance Act (which section describes equivalent pension benefits),
shall apply so as to reduce a pension payable in respect of any period of service to an employee who attains state pensionable age below the minimum rate of equivalent pension benefits applicable in respect of that period under the Insurance Acts.
For the purposes of paragraph (2) “service” means service in a non-participating employment which is reckonable for the purpose of calculating any benefits payable to the employee, except any earlier period of such service in respect of which—
a payment in lieu of contributions has been made, or
equivalent pension benefits satisfying the requirements of the Insurance Acts had already been assured to him.