Article 10 Continuation for certain earnings-related pensions of increase under 1944 Act and 1956 Act
In respect of any period beginning on or after 1st September 1971 the rate of an earnings-related pension based on average emoluments and beginning after the year 1968 may, if it falls within paragraph (2) or (3) below, be increased (in accordance with section 6(6) of the 1971 Act) by the amount indicated in that paragraph, and any increase under section 1 or 2 of the 1971 Act shall be calculated by reference to the rate of pension as so increased as if it were the basic rate.
A pension within the 1944 Act, if the averaging period began on or before 1st April 1946, may be increased by the addition of the adjusted 1944 element, if any, to be derived from Table V by applying paragraph (1)(a) and (b) and paragraph (2) (but not paragraph (1)(c)) of note 3 to that Table.
A pension within the 1956 Act or any earlier Act, if the averaging period began on or before the earlier relevant date, may be increased or further increased (after any increase authorised by paragraph (2) above) by the appropriate fraction of the basic rate or, if that is more than £1,000, by the appropriate fraction of £1,000, subject however to the restriction imposed by paragraph (5) below in the case of a pension based on average emoluments of less than £1,500.
The appropriate fraction for this purpose is one-tenth of the fraction that results from dividing by the total number of half-years in the averaging period the number of them ending on or before the later relevant date (any incomplete half-year at the end of the period being disregarded).
The dates referred to in paragraph (3) above are as follows:—
in relation to a pension based on average emoluments of £1,500 or over, the earlier relevant date is 1st January 1947 and the later relevant date is 31st December 1947;
in relation to a pension based on average emoluments of less than £1,500, the earlier relevant date is 1st April 1951 and the later relevant date is 31st March 1952.
A pension based on average emoluments of less than £1,500 is not to be increased under paragraph (2) above—
if the averaging period began after 1st January 1947, by more than would raise its basic rate to that appropriate to a pension based on average emoluments of £1,500; or
if the averaging period began on or before 1st January 1947, by more than would raise its basic rate to that appropriate to a pension based on average emoluments of £1,500 plus the addition that could be made to it under paragraph (2).