# The Pensions (Miscellaneous Offices) (Preservation of Benefits) Order 1977, Note: Explanatory note


This Order modifies, by virtue of section 65 of the Social Security Act 1973, and the analogous legislation in force in Northern Ireland, the pensions schemes for the holders of the offices listed in the Schedule to the Order. It enables a reduced pension and derivative benefits (lump sum and widow's and children's pensions) to be preserved for the benefit of an office holder who ceases to hold office before the age at which he would otherwise normally become eligible to be granted a pension, and to be paid to or in respect of him thereafter.
Article 5 provides that the reduced pension may be paid at the age at which the office holder would normally become eligible to be granted a pension and provides the proportion on the basis of which the pension is to be calculated. Article 6 enables a reduced lump sum to be paid to an office holder who becomes eligible for a pension by virtue of the Order. It also enables reduced widow's and children's pensions to be paid whether the office holder dies before of after reaching the age at which he would otherwise have become eligible to be granted a pension. Article 7, by permitting an immediate election, enables the Superannuation (Judicial Offices) Rules 1968 and 1970, which relate to certain office holders who have held more than one office, to be applied where such office holders cease to hold office under the Order. Article 9 prevents a pension from being assigned, except in favour of a widow or dependant. Article 10 provides for partial or total abatement where the office holder is otherwise eligible for a judicial pension. Article 11 excludes from the Order any service to which a principal civil service pension scheme applies.

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Source: https://www.legislation.gov.uk/uksi/1977/1653/note (the official version)
Page: https://openlegislation.uk/pensions-miscellaneous-offices-preservation-of-benefits-order-1977/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

