OpenLegislation

Paragraph 6

England, Wales and Scotland

C1(1)

A scheme must provide so that where a member’s F1pensionable service is terminated before normal pension age and—

(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(b)

he has at least F32 years’ qualifying service, F4or

(c)

a transfer payment in respect of his rights under a personal pension scheme has been made to the scheme,

he is entitled to benefit (calculated in accordance with the following provisions of this Schedule and there referred to as “short service benefit”), consisting of or comprising benefit of any description which would have been payable under the scheme as long service benefit, whether for himself or for others.

C2(2)

Subject to the following sub-paragraph, short service benefit must be made payable as from normal pension age or, if in the member’s case that age is earlier than 60, then from the age of 60.

(3)

Short service benefit payable on or in respect of the member’s death after normal pension age must be made payable as from his death or within such time thereafter as long service benefit payable on or in respect of his death would be payable.

(4)

In applying sub-paragraphs (2) and (3) above, no regard is to be had to the operation of any scheme rule, taking effect at any time after termination of the member’s pensionable service, as to what is normal pension age under the scheme.

C3(5)

A scheme must not provide for payment of short service benefit in the form of a lump sum at any time before normal pension age, except in such circumstances as may be prescribed.

F5(6)

In any case where—

(a)

the pensionable service of a member of a scheme terminated during the period beginning with 6th April 1988 and ending immediately before the coming into force of this sub-paragraph, otherwise than on the termination of his service in relevant employment, and

(b)

during that period no payments in discharge of his rights under the scheme were made in consequence of that termination,

sub-paragraph (1) above shall be taken at all times on and after 6th April 1988 (the date on which section 15 of the Social Security Act 1986 came into force) to have had effect in relation to that member and his rights under the scheme with the amendment made by paragraph 5(1) of Schedule 4 to the Social Security Act 1990 (which substituted the words “pensionable service” for the words “service in relevant employment”).

Annotations

Textual amendments

F1

Words substituted (28.2.1991) by Social Security Act 1990 (c. 27), Sch. 4, para. 5(1)

F2

Sch. 16 para. 6(1)(a) repealed by Social Security Act 1985 (c. 53), Sch. 6

F3

Number substituted by Social Security Act 1986 (c. 50), s. 10, w.e.f. 6.4.88

F4

Word “or” and para 6(1)(c) added (27.7.1987) by The Personal and Occupational Pension Schemes (Modification of Enactments) Regulations 1987 (S.I. 1987/1116, reg. 4(3))

F5

Para. 6(6) added (28.2.1991) by Social Security Act 1990 (c. 27), Sch. 4, para. 5(2)

Modifications

C1

Para. 6(1) modified, where after an earlier break pensionable service is again terminated, by reg. 21(4) of S.I. 1991/167, and, for certain schemes with an overseas element, by reg. 25(3) reg. of S.I. 1991/167.

Sch. 16 para. 6(1) modified (7.2.1994) by 1993 c. 48, ss. 188-190, Sch. 6 Pt. II para.15 (with s. 6(8)); S.I. 1994/86

C2

Para. 6(2) modified, for relevant employment after normal pension age, by reg. 22(2) of S.I. 1991/167.

C3

Sch. 16 para. 6(5) modified (28.02.1991) by S.I. 1991/167, reg. 5(1)

Notes on Schedule 16

Textual amendments

F1

Sch. 16 repealed (N.I.) by S.I. 1975/1503 (N.I. 15), art. 74(2), Sch. 6

Sch. 16 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I (with s. 6(8)); S.I. 1994/86, art. 2

Subordinate legislation made

P1

Sch. 16: for exercises of power see Index to Government Orders

Notes on Part I

Modifications

C1

Schedule 16, Pt. I, modified (28.02.1991) by S.I. 1991/167, regs. 13(2), 21(1), 22(1), 23(2), 25(2), 27(1)