Regulation F8 Duration of pensions

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

reg F8 am by Parliamentary Pensions 2007 reg 3
reg F8 am (with transtl provns) by Parliamentary Pensions 2009 regs 1, 2
reg. F8(2) words substituted by Parliamentary Pensions 2006 reg. 4(2)(a)
reg. F8(2) words omitted by Parliamentary Pensions 2006 reg. 4(2)(b) Sch. 2
reg. F8(3) words inserted by Parliamentary Pensions 2006 reg. 4(3)(a)
reg. F8(3) words substituted by Parliamentary Pensions 2006 reg. 4(3)(b)
reg. F8(4) words omitted by Parliamentary Pensions 2006 reg. 4(4) Sch. 2
reg. F8(5) words substituted by Parliamentary Pensions 2006 reg. 9(1)
reg F8 am (retrosp) (to 1.4.2001) by Parliamentary Pensions 2002 reg 4

(1)

Subject to the following provisions of this regulation, a pension under regulation F1 or regulation F3 (including an early retirement pension or an ill-health pension by virtue of Part H or Part J) shall continue for the life of the person to whom it is payable.

(2)

Subject to paragraph (3) below no such pension shall be payable to a person in respect of any period during which he is a Member of the House of Commons or a candidate for election to that House, or in respect of any part of a period of tenure of a qualifying office other than a part in respect of which no salary is payable or in respect of which no salary is drawn.

(3)

Where, in the case of any person, a pension under regulation F1 or regulation F3 or a pension under each of those regulations would, but for paragraph (2) above, be payable to him in respect of a period of tenure of a qualifying office during which he is neither a Member of the House of Commons nor a candidate for election to that House—

(a)

that paragraph shall not apply to that pension or either of those pensions in respect of any part of that period; but

(b)

the amount or aggregate amount payable to him in right of that pension or those pensions for any part of that period shall not exceed the amount, if any, by which the total salary payable to him for that part of that period falls short of the amount of a Member’s ordinary salary for that period; and

(c)

if he is a participating office holder in respect of that period then, for the purpose of calculating the amount, if any, which would, apart from sub-paragraph (b) above, be payable to him in right of a pension under regulation F3 for any part of that period (but not for any other purpose, and in particular not for the purpose of recalculating at the end of that period the annual amount of the pension, if any, to which apart from sub-paragraph (b) above he is entitled under regulation F3), that period shall be deemed not to be a period of reckonable service as a participating office holder.

In this paragraph “salary” (except in the expression “a Member’s ordinary salary”) means salary payable to the office holder in respect of his tenure of that office.

(4)

For the purposes of this regulation a person who ceases to be a Member in consequence of the dissolution of Parliament shall be treated as a candidate for election unless and until he gives notice in writing to the Trustees that he is not seeking re-election.

(5)

The provisions of this regulation shall not apply for the purposes of calculating the amounts payable under regulations M2(3), M2(4)(b), M3(4), M4(2) or M7 (five year guarantee).