# The Pensions (Preservation of Increases) Order 1971, Article 5: Ascertainment of 1971 rate


(1) Except as otherwise provided in this order, the 1971 rate of a pension (unless that rate is, in accordance with section 6(3) of the 1971 Act, to be taken to be the rate at which the pension is being paid on 31st August 1971) shall as ascertained in accordance with the following provisions of this Article from the Tables annexed to this order.
(2) For earnings-related pensions based on final emoluments, the Tables to be used are as follows:—
(a) for a pension beginning on or before 31st March 1952—
(i) if it is based on emoluments of less than £1,365, Table I is to be used;
(ii) if it is based on emoluments of £1,365 or over, Table II is to be used, but in the case of a pension beginning after 31st December 1947 and based on emoluments less than £1,500 is to be applied as if the basic rate were that appropriate to a pension based on emoluments of £1,500;
(b) for a pension beginning on or after 1st April 1952 (but not after 1st April 1961) Table IA and IIA is to be used.
For a pension beginning after 1st April 1961 the 1969 standard is in all cases higher than the 1971 rate, and accordingly a 1971 rate is not given.
(3) For earnings-related pensions based on average emoluments with an averaging period beginning on or before 1st January 1947, the Tables to be used are as given in sub-paragraphs (a) and (b) below, but in cases within paragraph (c) are to be applied as there mentioned:—
(a) for a pension beginning on or before 31st March 1952—
(i) if it is based on average emoluments of less than £1,500, Table I is to be used, unless it begins after 1st January 1948 and sub-paragraph (iii) below applies;
(ii) if it is based on average emoluments of £1,500 or over, Table III is to be used;
(iii) if it is based on average emoluments less than £1,500 and begins after 1st January 1948, Table III is to be used, but to be applied as if the basic rate were that appropriate to a pension based on emoluments of £1,500, where the 1971 rate so obtained is less than under Table I (as will happen if the emoluments are over £1,365 multiplied by the figure represented in Table III by the symbol Q);
(b) for a pension beginning on or after 1st April 1952, Table IIIA and IVA is to be used, but the basic rate is to be treated as increased, as mentioned in the notes to the Table, according to the proportion of the averaging period falling before the time there indicated;
(c) in the case of pensions beginning on or after 1st April 1947, but with an averaging period beginning before 1st April 1946—
(i) if the pension begins on or before 31st March 1952, the rate given by Table I or III is to be increased by the addition of the adjusted 1944 element, if any, to be derived from Table V;
(ii) if the pension begins on or after 1st April 1952, the multiplier in Table IIIA and IVA is to be applied to the basic rate further increased (after the increase referred to in paragraph (b) above) by the adjusted 1944 element, if any, to be derived from Table V.
(4) For earnings-related pensions based on average emoluments with an averaging period beginning after 1st January 1947, the Tables to be used are as follows:—
(a) for a pension beginning on or before 31st March 1952—
(i) if it is based on average emoluments of less than £1,365, Table I is to be used;
(ii) if it is based on average emoluments of £1,365 or over, Table II is to be used, but in the case of a pension based on emoluments of less than £1,500 is to be applied as if the basic rate were that appropriate to a pension based on emoluments of £1,500;
(b) for a pension beginning on or after 1st April 1952—
(i) if it is based on average emoluments of less than £1,500, with an averaging period beginning on or before 1st April 1951, Table IIIA and IVA is to be used, but the basic rate is to be treated as increased, as mentioned in the notes to the Table, according to the proportion of the averaging period falling before the time there indicated;
(ii) otherwise Table IA and IIA is to be used, unless the pension begins after 1st April 1961.
For a pension beginning after 1st April 1961 (and not based on average emoluments of less than £1,500 with an averaging period beginning on or before 1st April 1951) the 1969 standard is in all cases higher than the 1971 rate, and accordingly a 1971 rate is not given in Table IA and IIA.
(5) For flat-rate pensions the Tables to be used are as follows:—
(a) for a pension which is not within the 1944 Act, or which became payable only on or after 1st January 1966—
(i) if it begins on or before 31st March 1952, Table I is to be used; and
(ii) if it begins on or after 1st April 1952 (but not after 1st April 1961) Table IA and IIA is to be used;
(b) for a pension which is within the 1944 Act and became payable on or before 31st December 1965—
(i) if it begins on or before 31st March 1952, Table IV is to be used;
(ii) if it begins on or after 1st April 1952, Table IIIA and IVA is to be used, but the multiplier is to be applied to the basic rate increased by the 1944 element or adjusted 1944 element to be derived from Table V.
For a pension beginning after 1st April 1961 and not within paragraph (b) above, the 1969 standard is in all cases higher than the 1971 rate, and accordingly a 1971 rate is not given in Table IA and IIA.
(6) In relation to any of the following, that is to say—
(a) pensions payable under the Police Pensions Act 1921;
(b) pensions payable under any Police Pension repealed by the Police Pensions Act 1948 of the Police and Firemen (War Service) Act 1939 in respect of service which is treated as approved service in a police force; and
(c) pensions payable under the Police Pensions Act 1948 otherwise than in respect of overseas service within the meaning of the Police (Overseas Service) Act 1945;
paragraphs (2), (3) and (4) above shall have effect as if references to 1st January 1947 were references to 2nd July 1948, and references to 31st December 1947 and to 1st January 1948 were references to 1st July 1949, and as if paragraphs (2)(a) and (3)(a) each required Table I to be used for any pension beginning on or before 1st July 1949.

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Source: https://www.legislation.gov.uk/uksi/1971/1316/article/5 (the official version)
Page: https://openlegislation.uk/pensions-preservation-of-increases-order-1971/article-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.