Regulation 5

The principal Regulations shall be amended, in Regulation 4, by adding at the end the following paragraphs:—

“(6)

Where a person's period of F.S.S.U. service includes service in respect of which, by virtue of any of the instruments referred to in sub-paragraphs (i) to (iii) in the definition of “period of F.S.S.U. service” in Regulation 2(1) above, a contribution has been invested in a single premium policy under an F.S.S.U. scheme, that service shall be taken into account at one half its actual length in calculating the number of completed years of his period of F.S.S.U. service for the purpose of paragraph (1) above.

(7)

Where the salary of a person who is serving in the civil service of the State and subject to an F.S.S.U. scheme is reduced after he has attained the age of sixty years, his appropriate pension rate shall be calculated in accordance with paragraphs (8) to (11) below.

(8)

There shall be ascribed to such a person as is referred to in paragraph (7) above—

(a)

a basic pension rate of an amount equal to the appropriate pension rate which would have been ascribed to him in accordance with paragraph (1) above if he had retired on the day before the day on which the reduction of his salary took effect, and

(b)

a supplemental pension rate calculated by multiplying one seventy-fifth of his pensionable salary by the number of completed years of that part of his period of F.S.S.U. service which followed the reduction of his salary, any period of not less than six months beyond a completed number of years being treated as a whole completed year.

(9)

The appropriate pension rate of such a person as is referred to in paragraph (7) above shall be the aggregate of—

(a)

his basic pension rate,

(b)

the annual rate of any increase which would be payable to him under the 1971 Act at the time of his retirement from the civil service of the State if he were in receipt of a pension under the civil service pension scheme of an amount equal to his basic pension rate and beginning on the day on which the reduction of his salary took effect, and

(c)

his supplemental pension rate.

(10)

Where the salary of such a person as is referred to in paragraph (7) above is reduced more than once after he has attained the age of sixty years, there shall be ascribed to him a separate supplemental pension rate, calculated in accordance with paragraph (8)(b) above, in respect of that part of his period of F.S.S.U. service which falls between one reduction of salary and the next or, in the case of the last reduction of salary before his retirement from the civil service of the State, between that reduction and his retirement; and, in calculating his appropriate pension rate in accordance with paragraph (9) above, there shall be included in the aggregate therein mentioned—

(a)

every supplemental pension rate so calculated in respect of him, and

(b)

in the case of a supplemental pension rate so calculated in respect of any part of his period of F.S.S.U. service except the part immediately preceding his retirement from the civil service of the State, the annual rate of any increase which would be payable to him under the 1971 Act at the time of his retirement if he were in receipt of a pension under the civil service pension scheme of an amount equal to the supplemental pension rate in question and beginning on the last day of the period in respect of which the supplemental pension rate is calculated.

(11)

For the purpose of calculating the supplemental pension rate in accordance with paragraph 8(b) above, in a case where a person's pensionable salary falls to be taken as the average annual amount of his salary during the last three years of his service, and that part of his period of F.S.S.U. service which followed the reduction of his salary was less than three years, his pensionable salary shall be taken to be the average annual amount of his salary during that part of his period of F.S.S.U. service; and in a case where a person's pensionable salary falls to be determined by reference to his salary in a period of one year, and such part of his period of F.S.S.U. service as aforesaid was less than one year, his pensionable salary shall be taken to be the average annual amount of his salary during such part of his period of F.S.S.U. service.”