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Section 55 Pension increase or lump sum where entitlement to retirement pension is deferredF1

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where a person’s entitlement to a Category A or Category B retirement pension is deferred, Schedule 5 to this Act has effect.

(2)

In that Schedule—

  • paragraph A1 makes provision enabling an election to be made where the pensioner’s entitlement is deferred

  • paragraphs 1 to 3 make provision about increasing pension where the pensioner’s entitlement is deferred

  • paragraphs 3A and 3B make provision about lump sum payments where the pensioner’s entitlement is deferred

  • paragraph 3C makes provision enabling an election to be made where the pensioner’s deceased spouse F2or civil partner has deferred entitlement

  • paragraphs 4 to 7 make provision about increasing pension where the pensioner’s deceased spouse or civil partner has deferred entitlement

  • paragraphs 7A and 7B make provision about lump sum payments where the pensioner’s deceased spouse or civil partner has deferred entitlement

  • paragraphs 7C to 9 make supplementary provision.

(3)

For the purposes of this Act a person’s entitlement to a Category A or Category B retirement pension is deferred if and so long as that person—

(F3a)

does not become entitled to that pension by reason only of not satisfying the conditions of section 1 of the Administration Act (entitlement to benefit dependent on claim), or

(b)

in consequence of an election under section 54(1), falls to be treated as not having become entitled to that pension,

and, in relation to any such pension, “period of deferment” shall be construed accordingly.

Annotations

Textual amendments

F1

S. 55 substituted (18.11.2004 for specified purposes, 6.4.2005 in so far as not already in force) by Pensions Act 2004 (c. 35), ss. 297(1), 322(3)(a)

F2

Words in s. 55(2) inserted (5.12.2005) by The Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2053), art. 1(3), Sch. para. 3(2)

F3

S. 55(3)(a) substituted (6.4.2010) by Pensions Act 2007 (c. 22), s. 2(5), Sch. 1 para. 7

Notes on Part II

Modifications

C1

Pt. 2 modified (E.W.S.) (11.11.1999 for specified purposes, 1.12.2000 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 49, 89(5)(a); S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV

C2

Pt. 2: power to modify conferred (11.11.1999) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 52(1)(2)(6)(h), 89(4)(a) (with s. 52(7))