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Section 87 General protection principle.I1

England, Wales and Scotland

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

(1)

This subsection applies where—

(a)

there is an interval between—

F1(i)

the date (“the cessation date”) which is the earlier of—

(a)

the date on which an earner ceases to be in pensionable service under a scheme that was, before the second abolition date, a salary related contracted-out scheme; and

(b)

the date on which the earner attains pensionable age; and

(ii)

the date on which his guaranteed minimum pension under that scheme commences (“the commencement of payment date”);

(b)

the relevant sum exceeds his guaranteed minimum on the day after the cessation date; and

(c)

on the commencement of payment date or at any time after it his guaranteed minimum pension under the scheme exceeds the amount of his guaranteed minimum under it on the day after the cessation date.

(2)

This subsection applies where—

(a)

there is an interval between the earner’s cessation date and whichever of the following is the earlier—

(i)

the date of his death; or

(ii)

his commencement of payment date;

(b)

the relevant sum exceeds one half of the earner’s guaranteed minimum on the day after the cessation date; and

(c)

at any time when a pension under the occupational pension scheme is required to be paid to the earner’s F2widow, widower or surviving civil partner, the widow's, widower’s or surviving civil partner’s (as the case may be) guaranteed minimum pension under the scheme exceeds one half of the earner’s guaranteed minimum on the day after the cessation date.

(3)

Where subsection (1) or (2) applies, the weekly rate of the pension payable to the member at any time when that pension is required to be paid or, as the case may be, payable to the F3widow, widower or surviving civil partner at any such time as is mentioned in subsection (2)(c) shall be an amount not less—

(a)

in a case where by virtue of section 73(2)(b) a pension is provided by way of complete substitute for short service benefit or, as the case may be, for F4widow's, widower’s or surviving civil partner's pension, than the weekly rate of that pension; and

(b)

in any other case, than the relevant aggregate.

(4)

In subsection (3) “the relevant aggregate” means the aggregate of the following—

(a)

the relevant sum;

(b)

the excess mentioned in subsection (1)(c) or, as the case may be, subsection (2)(c);

(c)

any amount which is an appropriate addition at the time in question; and

(d)

where the scheme provides that part of the earner’s or, as the case may be, the F5widow's, widower’s or surviving civil partner's pension shall accrue after the cessation date by reason of the earner’s employment after that date, the later earnings addition.

(5)

To the extent that amounts attributable to transfer credits have accrued by reason of any transfer before 1st January 1985, they are to be disregarded for the purposes of subsections (1)(c), (2)(c) and (4)(b).

(6)

Nothing in this section shall be construed as entitling an earner who has not reached normal pension age to any portion of a pension under a scheme to which he would not otherwise be entitled.

(7)

This section does not apply to a pension to which a person is entitled in respect of employment if—

(a)

the earner left the employment or left it for the last time before 1st January 1985; or

(b)

the employment ceased, or ceased for the last time, to be contracted-out in relation to him before that date.

Annotations

Textual amendments

F1

S. 87(1)(a)(i) substituted (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 13 para. 38 (with a saving in The Pensions Act 2014 (Savings) Order 2015 (S.I. 2015/1502), arts. 1(2), 2(6) (as inserted by S.I. 2015/2058, art. 3(3)(e)))

F2

Words in s. 87(2)(c) substituted (5.12.2005) by The Civil Partnership (Contracted-out Occupational and Appropriate Personal Pension Schemes) (Surviving Civil Partners) Order 2005 (S.I. 2005/2050), art. 1(3), Sch. 1 para. 18(a)

F3

Words in s. 87(3) substituted (5.12.2005) by The Civil Partnership (Contracted-out Occupational and Appropriate Personal Pension Schemes) (Surviving Civil Partners) Order 2005 (S.I. 2005/2050), art. 1(3), Sch. 1 para. 18(b)

F4

Words in s. 87(3)(a) substituted (5.12.2005) by The Civil Partnership (Contracted-out Occupational and Appropriate Personal Pension Schemes) (Surviving Civil Partners) Order 2005 (S.I. 2005/2050), art. 1(3), Sch. 1 para. 18(c)

F5

Words in s. 87(4)(d) substituted (5.12.2005) by The Civil Partnership (Contracted-out Occupational and Appropriate Personal Pension Schemes) (Surviving Civil Partners) Order 2005 (S.I. 2005/2050), art. 1(3), Sch. 1 para. 18(c)

Commencement

I1

Ss. 1-187 in force at 7.2.1994 by S.I. 1994/86, art. 2

Notes on Chapter III

Modifications

C1

Pt. 4 Ch. 3 excluded (12.2.2001 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(b)(2), Sch. 5 para. 14 (with s. 83(6)); S.I. 2000/3166, art. 2(5) (as amended (28.3.2001) by S.I. 2001/1252, art. 3)

C2

Pt. 4 Ch. 3 modified (6.4.2016) by The Police Pensions (Consequential Provisions) Regulations 2015 (S.I. 2015/370), regs. 1(3), 10

C3

Pt. 4 Ch. 3 modified (6.4.2016) by The Firefighters’ Pension Scheme (Wales) (Consequential Provisions) Regulations 2015 (S.I. 2015/848), regs. 1(3), 10 (with reg. 5)

C4

Pt. 4 Ch. 3 modified (S.) (6.4.2016) by The Police Pensions (Consequential Provisions) (Scotland) Regulations 2015 (S.S.I. 2015/118), regs. 1(3), 10 (with reg. 5)

C5

Pt. 4 Ch. 3 modified (6.4.2016) by The Teachers’ Pension Scheme (Consequential Provisions) Regulations 2015 (S.I. 2015/436), regs. 1(2), 10 (with reg. 5)

C6

Pt. 4 Ch. 3 modified (6.4.2016) by The Judicial Pensions Regulations 2015 (S.I. 2015/182), reg. 1(3), Sch. 3 para. 8 (with regs. 148, 160, Sch. 3 para. 3)

C7

Pt. 4 Ch. 3 modified (6.4.2016) by The Armed Forces Pension (Consequential Provisions) Regulations 2015 (S.I. 2015/390), regs. 1(2)(3), 10

C8

Pt. 4 Ch. 3 modified (S.) (6.4.2016) by The Teachers’ Pension Scheme (Consequential Provisions) (Scotland) Regulations 2015 (S.S.I. 2015/146), regs. 1(3), 10 (with reg. 5)

C9

Pt. 4 Ch. 3 modified (S.) (6.4.2016) by The National Health Service Pension Scheme (Consequential Provisions) (Scotland) Regulations 2015 (S.S.I. 2015/145), regs. 1(3), 10 (with reg. 5)

C10

Pt. 4 Ch. 3 modified (S.) (6.4.2016) by The Firefighters’ Pension Scheme (Consequential Provisions) (Scotland) Regulations 2015 (S.S.I. 2015/117), regs. 1(3), 10 (with reg. 5)

C11

Pt. 4 Ch. 3 modified (6.4.2016) by The National Health Service Pension Scheme (Consequential Provisions) Regulations 2015 (S.I. 2015/432), regs. 1(3), 10 (with reg. 5)

C12

Pt. 4 Ch. 3 modified (6.4.2016) by The Firefighters’ Pension Scheme (England) (Consequential Provisions) Regulations 2015 (S.I. 2015/319), regs. 1(3), 10 (with reg. 5)

C13

Pt. 4 Ch. 3 modified (6.4.2016) by The Public Service (Civil Servants and Others) Pensions (Consequential and Amendment) Regulations 2015 (S.I. 2015/372), regs. 1(3), 10 (with reg. 5)