Regulation 204 Interpretation and application

(1)

This Chapter does not apply to—

(a)

a pension that is forfeited—

(i)

as a result of a conviction for treason; or

(ii)

under regulation 211 (forfeiture: offences committed by members), in a case where the relevant offence within the meaning of that regulation is an offence under the Official Secrets Acts 1911 to 1989 M1 F1or an applicable offence under the National Security Act 2023;

(b)

a pension that is commuted under regulation 132 (option for pension credit member to commute whole pension: serious ill-health); or

(c)

a pension that is commuted under regulation 203 (commutation of small pensions) where the conditions in regulation 60 of the Occupational Pension Schemes (Contracting-out) Regulations 1996 M2 (payment of a guaranteed minimum pension as a lump sum) are met.

(2)

But if any other provision of this scheme is inconsistent with this Chapter, this Chapter prevails.

(3)

In this Chapter—

(a)

“GMP age”—

(i)

for a man, means 65; and

(ii)

for a woman, means 60; and

(b)

references to the amount of a pension are to its amount after the subtraction of the commutation amount (if any).

Annotations

Textual amendments

F1: Words in reg. 204(1)(a)(ii) inserted (20.12.2023) by The National Security Act 2023 (Consequential Amendments of Subordinate Legislation) Regulations 2023 (S.I. 2023/1267), reg. 1(2), Sch. para. 50(3)

Marginal citations

M1: 1989 c.6; see section 16(2) for the meaning of “Official Secrets Acts 1911 to 1989”.
M2: S.I. 1996/1172. Regulation 162 was substituted by S.I. 2006/744 and amended by S.I. 2006/1337, 2009/2930 and 2010/499.