Regulation E1 Overriding provisions as to guaranteed minimum pension

(1)

This regulation shall override any other provisions of these Regulations which are inconsistent with it, except the provisions of regulation E15 (abatement) and E18 (forfeiture of benefits).

(2)

If a teacher has a guaranteed minimum in relation to benefits under these Regulations–

(a)

he shall be entitled to receive from state pension age an annual pension payable at a rate equivalent to a weekly rate of not less than the 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 his 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 leaving a widow, in relation to the weekly rate of widow’s pension provided for her under these Regulations, she shall be entitled, during any such period as is mentioned in section 36(6) of the Pensions Act^f1, to a long term pension which shall not be less than half his guaranteed minimum; and

(d)

in the case of a woman who dies on or after 6th April 1989 leaving a widower, in relation to the weekly rate of the pension provided for him under these Regulations, he shall be entitled to a long term pension which shall not be less than half of that part of the member’s guaranteed minimum which is attributable to earnings factors for the tax year 1988/89 and subsequent tax years.

(3)

The guaranteed minimum pensions referred to in paragraph (2) shall, insofar as they are attributable to earnings factors in the tax years from (and including) 1988/89, be increased in accordance with the requirements of section 37A of the Pensions Act^f2 and to the extent of any orders made thereunder.

(4)

If the commencement of any teacher’s guaranteed minimum pension is postponed for any period, the guaranteed minimum pension shall be increased to the extent, if any, specified in section 35(6), (6A) and (6B) of the Pensions Act^f3, as amended from time to time.

Annotations

Footnotes

f1: Section 36(6) was amended by the Social Security Act 1986 (c. 50), Schedule 11.
f2: Section 37A was inserted by the Social Security Act 1986 (c. 50), section 9(7).
f3: Subsection (6) of section 35 was amended by the Social Security (Miscellaneous Provisions) Act 1977 (c. 5), section 3(2); subsections (6A) and (6B) were inserted by the Social Security Act 1986, section 9(2).