OpenLegislation

Article 8 Office holder's guaranteed minimum pension

Original text. Later amendments are not shown.

(1)

As from his attainment of pensionable age any office holder who has ceased to hold office shall, subject to paragraph (3), be entitled to receive, in relation to the pension provided for him by the scheme, not less than the guaranteed minimum pension, the weekly rate of which shall be calculated in accordance with section 35(2), (3), (4), (5) and (9) of the Act of 1975, unless his accrued rights thereto are extinguished under section 43(7) of that Act.

(2)

Where an office holder continues to serve after attaining pensionable age, then—

(a)

as from the expiration of five years from the date on which he attains pensionable age, or

(b)

as from the date (if earlier) when he ceases to hold office,

he shall, subject to paragraph (3), be entitled to receive in relation to the pension provided for him by the scheme, not less than the guaranteed minimum pension the weekly rate of which shall be calculated in the manner provided by paragraph (1) of this Article and section 35(6) of the Act 1975.

(3)

Entitlement to payment of a guaranteed minimum pension by virtue of paragraph (1) or (2) shall not arise in respect of any period during which the consent of the office holder under section 33 (3) (a) or (b) of the Act of 1975 is in force and not revoked, and, when the pension which has accordingly been postponed commences, paragraph (1) of this Article shall apply as if it contained a reference to section 35 (6) of the Act of 1975.