Section 90 The later earnings addition.I1

(1)

For the purposes of this Chapter “the later earnings addition” means the amount (if any) by which the assumed later unguaranteed element exceeds the unguaranteed element.

(2)

In subsection (1)—

(a)

“the unguaranteed element” means the amount by which the relevant sum exceeds the earner’s guaranteed minimum on the day after his cessation date or, in the case of a F1widow's, widower’s or surviving civil partner's pension, one half of that minimum; and

(b)

“the assumed later unguaranteed element” means the amount by which the relevant sum would exceed the earner’s guaranteed minimum (or, in the case of a F2widow's, widower’s or surviving civil partner's pension, one half of that minimum) on the assumptions mentioned in subsection (3).

(3)

The assumptions mentioned in subsection (2) are—

(a)

that the relevant sum were calculated on the basis that the weekly rate of the pension or benefit which determines that sum had been calculated by reference to the level of earnings by reference to which that rate would have been calculated if the earner’s cessation date had fallen on the earlier of—

(i)

the earner’s commencement of payment date, or

(ii)

the date on which the earner ceased to be in pensionable service under the scheme; and

(b)

that the earner’s guaranteed minimum were such sum as bears the same proportion to the assumed later unguaranteed element as the guaranteed minimum mentioned in subsection (2)(a) bears to the unguaranteed element.

Annotations

Textual amendments

F1: Words in s. 90(2)(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. 21
F2: Words in s. 90(2)(b) 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. 21

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)