OpenLegislation

Regulation 8 Payment of benefit to persons whose F.S.S.U. service ended not later than the coming into operation of these Regulations

Original text. Later amendments are not shown.

(1)

The authority may pay to any person to whom these Regulations apply and whose period of F.S.S.U. service ended not later than the coming into operation of these Regulations, in respect of any period beginning on or after 1st September 1971 but not before his qualifying date, an allowance at whichever is, at the relevant date, the higher of the following annual rates:—

(a)

the amount by which the aggregate of—

(i)

his notional annuity,

(ii)

the annual rate of any allowances which might (but for the 1971 Act) have been paid to him under the Regulations of 1947 to 1969,

(iii)

the annual rate of any addition which would be made under section 6(5) of the 1971 Act if he were in receipt of an official pension of an amount equal to the aggregate of (i) and (ii) above beginning on the day following the end of his period of F.S.S.U. service, and

(iv)

the annual rate of any increase which would be payable to him under section 1 of the 1971 Act (except any increase to bring the rate up to the 1969 standard) and under any Order in force at the relevant date under section 2 of the 1971 Act if he were in receipt of an official pension of an amount equal to the aggregate of (i), (ii) and (iii) above beginning on the day following the end of his period of F.S.S.U. service,

exceeds his notional annuity; or

(b)

the amount by which the aggregate of—

(i)

his appropriate pension rate multiplied by the multiplier given in Schedule 4 to these Regulations for the year or other period in which his period of F.S.S.U. service ended, and

(ii)

the annual rate of any increase which would be payable to him under any Order in force at the relevant date under section 2 of the 1971 Act if he were in receipt of an official pension equal to the amount specified in sub-paragraph (b)(i) above beginning on the day following the end of his period of F.S.S.U. service,

exceeds his annuity value.

(2)

Where a person is in receipt of an allowance calculated in accordance with paragraph (1)(a) above, and an Order under section 2 of the 1971 Act comes into operation after the relevant date, the aggregate of the amounts specified in paragraph (1)(a)(i) to (iv) above and of any increase previously made under this paragraph may be increased in accordance with the Order as if such aggregate were an official pension beginning on the day following the end of his period of F.S.S.U. service, and the allowance payable to him under paragraph (1) above may be increased accordingly.

(3)

Where a person is in receipt of an allowance calculated in accordance with paragraph (1)(b) above, and an Order under section 2 of the 1971 Act comes into operation after the relevant date, the aggregate of the amounts specified in paragraph (1)(b)(i) and (ii) above and of any increase previously made under this paragraph may be increased in accordance with the Order as if such aggregate were an official pension beginning on the day following the end of his period of F.S.S.U. service, and the allowance payable to him under paragraph (1) above may be increased accordingly.

(4)

For the purposes of this Regulation “relevant date” means, in relation to any person, his qualifying date or the date of the coming into operation of these Regulations, whichever is the later.