# The Parliamentary Pensions (Consolidation and Amendment) Regulations 1993, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations consolidate the provisions revoked by regulation R5 and Schedule 8. These comprise:
(1) primary legislation (“the repealed enactments”) governing the payment of pensions from the Parliamentary Contributory Pension Fund (“the Fund”), repealed by Section 6 of, and Schedule 4 to, the Parliamentary and other Pensions Act 1987 (“the 1987 Act”), but which, under section 2 of and Schedule 2 to the 1987 Act, has continued to have effect as if contained in regulations made under section 2 of that Act;
(2) regulations made under the repealed enactments which have similarly continued to have effect;
(3) regulations made under section 2 of the 1987 Act; and
(4) the Parliamentary and other Pensions (Contracted-Out Provisions) Order 1978, which modified the Parliamentary and other Pensions Act 1972, one of the repealed enactments, to the extent necessary to enable the provisions of that Act to become a contracted-out pension Scheme for the purposes of the Social Security Pensions Act 1975.
There are some changes of substance. Part C includes provisions required by section 15 of the Social Security Act 1986 permitting participants to opt out of membership of the Parliamentary Pension Scheme and Part P contains a consequential provision enabling accrued benefits to be transferred to a personal pension scheme. Amendments to the children’s pension provisions in Part K and Schedule 6 achieve equal treatment in that regard for women participants in the Fund in respect of service after 17 May 1990. Part M introduces a guarantee which continues payment in full to a participant’s survivors of a pension which has come into payment before the death of the participant until the expiry of the period of five years after it first came into payment, or, if at any relevant time there are no survivors qualifying for a pension, makes payment of a lump sum in lieu. Amendments are also made to apply the earnings cap imposed by section 590C of the Income and Corporation Taxes Act 1988 to participants who joined the Parliamentary Pension Scheme on or after 1st June 1989 and to bring the Regulations into line with social security legislation.
The Regulations also introduce provisions which enable a Prime Minister or Speaker in office on or after 28th February 1991 to participate in the Parliamentary Pension Scheme out of remuneration received as a Member of the House of Commons.
Section 2 of the 1987 Act confers express power to make regulations retrospective in effect. These Regulations are to a certain extent retrospective, but provision is made for opting out where rights in relation to former participants could be adversely affected (regulation R3).

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Source: https://www.legislation.gov.uk/uksi/1993/3253/note (the official version)
Page: https://openlegislation.uk/parliamentary-pensions-consolidation-and-amendment-regulations-1993/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.