Regulation E1 Overriding provision as to guaranteed minimum pensionsI1

Northern Ireland Not yet in force

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

reg. E1 coming into force by Teachers' Superannuation 1998 reg. A1
reg. E11(2(b) words inserted by Teachers' Superannuation 2005 reg. 19(3)
reg. E20(7(a) substituted by Teachers' Superannuation 2005 reg. 22(7)
reg. E20(7(c) words substituted by Teachers' Superannuation 2005 reg. 22(8)
reg. E1(3)(c) word omitted by Teachers' Superannuation 2005 reg. 15(2)
reg. E1(3)(d) words substituted by Teachers' Superannuation 2005 reg. 15(3)
reg. E1(3)(e) inserted by Teachers' Superannuation 2005 reg. 15(4)
reg. E1(4) words substituted by Teachers' Superannuation 2005 reg. 15(5)

(1)

This regulation applies where a person’s pensionable employment is contracted-out employment.

(2)

Where this regulation applies it overrides anything in these Regulations that is inconsistent with it, except regulation E14 (abatement on re-employment) and regulation E18 (deferment etc).

(3)

Where this regulation applies and the person in relation to employment up to 6th April 1997, has a guaranteed minimum in relation to benefits under these Regulations—

(a)

unless on the cessation of the pensionable employment he is entitled to a retirement pension at a higher rate, he is from the date on which he attains state pensionable age entitled to a pension at a weekly rate equal to his guaranteed minimum;

(b)

if he attains state pensionable age while in pensionable employment, continues in the same employment for a further period of 5 years and does not then cease to hold it, he is (unless he consents to a postponement of the entitlement) entitled from the end of that period to so much of his retirement pension as equals his guaranteed minimum;

(c)

in the case of a man who dies at any time and leaves a widow, unless she is entitled to a widow’s pension at a higher rate she is, during any such period as is mentioned in section 13 of the Pensions Act^f1, entitled to a pension at a weekly rate equal to half his guaranteed minimum; and

(d)

in the case of a woman who dies at any time leaving a widower who is not entitled to a widower’s pension at a higher rate, in circumstances prescribed under section 13(6) of the Pensions Act, the widower is entitled to a pension payable for the period so prescribed.

(4)

The weekly rate of a widower’s pension payable under paragraph (3)(d) is half of that part of the deceased’s guaranteed minimum which is attributable to earnings factors for the tax year 1988-89 and ending with the tax year 1996-7.

(5)

In paragraph (4) “earnings factors” means the earnings factors referred to in section 10(2) of the Pensions Act.

Annotations

Commencement

I1: Reg. E1 in operation at 2.11.1998, see reg. A1

Footnotes

f1: 1993 c. 49 as amended by S.I. 1995/3213 (N.I. 22) Article 147 and Schedule 3 paragraph 20