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Regulation K6 Meaning of “basic or prospective pension or pensions”

Original text. Later amendments are not shown.

(1)

The definition in paragraph (2) below applies in respect of a person whose actual period of reckonable service as a participant includes service at any time on or after 31st July 1984.

(2)

In these Regulations “basic or prospective pension or pensions”

(a)

in relation to a person who has died and who at the time of his death was a participant, means the annual amount of the pension or pensions specified in whichever of the following paragraphs apply to him:

(i)

where the deceased was or had been a participating Member, the annual amount of the pension calculated in respect of him in accordance with regulation F2 or, if he died while a participating Member before attaining the age of sixty five years, the annual amount of the pension calculated in respect of him by virtue of regulation K4; and

(ii)

where the deceased was or had been a participating office holder, the annual amount of the pension, calculated in accordance with regulation F4, which he would have been entitled to receive under regulation F3, if immediately before his death he had fulfilled the conditions specified in sub-paragraphs (a) to (c) of regulation F1(1); and

(b)

in relation to a person who has died and who at the time of his death was a pensioner, means the annual amount of the pension or pensions of which he was in receipt or which he was entitled to receive calculated in accordance with Part F, including an ill health pension calculated in accordance with Part J; provided that where the annual amount of which he was in receipt resulted from one or more reductions or abatements made under regulations G1 (commutation) or H1 or H2 (early retirement), no such reduction or abatement shall be made in calculating the annual amount of that pension or pensions for the purposes of this regulation;

(c)

in relation to a person who has died and who at the time of his death was a deferred pensioner, means the annual amount of the pension or pensions specified in whichever of the following sub-paragraphs apply to him—

(i)

where the deceased was a former participating Member, the annual amount of the pension, calculated in accordance with regulation F2, which he would have been entitled to receive under regulation F1 if he had ceased to be a Member of the House of Commons immediately before his death and he had then fulfilled the conditions specified in sub-paragraphs (a) to (c) of regulation F1(1);

(ii)

where the deceased was a participating office holder, the annual amount of the pension, calculated in accordance with regulation F4, which he would have been entitled to receive under regulation F3 if immediately before his death he had fulfilled the conditions specified in sub-paragraphs (a) to (c) of regulation F1 (1).