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STATUTORY INSTRUMENTS


2005 No. 887

PARLIAMENT

The Parliamentary Pension (Amendment) Regulations 2005

  Made 22nd March 2005 
  Laid before Parliament 23rd March 2005 
  Coming into force 14th April 2005 

The Leader of the House of Commons in exercise of the powers conferred on him by section 2(1) and (4) of the Parliamentary and other Pensions Act 1987[1], with the consent of the Minister for the Civil Service[2], and after consultation with the Trustees of the Parliamentary Contributory Pension Fund and with such persons as appeared to him to represent persons likely to be affected by the Regulations, hereby makes the following Regulations:

Title, commencement and interpretation
     1.  - (1) These Regulations may be cited as the Parliamentary Pensions (Amendment) Regulations 2005 and shall come into force on 14th April 2005.

    (2) In these Regulations, the "Principal Regulations" means the Parliamentary Pensions (Consolidation and Amendment) Regulations 1993[
3].

    (3) Subject to paragraphs (4) and (5), these Regulations shall have effect from 3rd November 2004, but regulations 3 and 4 shall have effect from 1st April 2004.

    (4) In relation to any time before section 1 of the Civil Partnership Act 2004[4] comes into force in relation to England and Wales, the Principal Regulations (as amended by these Regulations) shall have effect with the omission of references to civil partner, surviving civil partner, civil partnership and forming a civil partnership.

    (5) From the date of the coming into force of section 1 of the Civil Partnership Act 2004 in relation to England and Wales, regulation K2A of the Principal Regulations (as inserted by regulation 10) shall have effect with the omission of the words "(or would not have been so prevented apart from being of the same sex)".

Interpretation
     2. In paragraph (1) of regulation A2 of the Principal Regulations after the definition of "added year" there shall be inserted - 

Contributions by participating Members
    
3. Regulation D1 of the Principal Regulations shall be amended as follows - 

    (1) In sub-paragraph (3)(b) after the words "15th July 2002" there shall be inserted the words "and ending before 1st April 2004".

    (2) At the end of sub-paragraph (3)(b) before the full stop there shall be inserted - 

    (3) There shall be substituted for paragraph (3A) - 

Contributions by participating office holders
    
4. Regulation D2 of the Principal Regulations shall be amended as follows - 

    (1) In sub-paragraph (3)(b) after the words "15th July 2002" there shall be inserted the words "and ending before 1st April 2004".

    (2) At the end of sub-paragraph (3)(b) before the full stop there shall be inserted - 

    (3) There shall be substituted for paragraph (3A) - 

Early retirement for Members
    
5. Regulation H1 of the Principal Regulations shall be amended as follows - 

    (1) In paragraph (1) after the words "Where a person" there shall be inserted the words "who was a participant at any time before 4th November 2004 and".

    (2) In sub-paragraph (1)(c) there shall be substituted for the words "age of fifty years" the words "minimum pension age".

    (3) In sub-paragraph (1)(d) after the words "as a participating Member which" there shall be inserted the words ", excluding service on or after the cut-off date".

    (4) In paragraph (1) after the words "abated in accordance with Schedule 4" there shall be inserted - 

    (5) In paragraph (2) after the word "service" there shall be inserted the words "before the cut-off date".

    (6) After paragraph (3) there shall be inserted - 

Early retirement for office holders who have been Members
    
6. Regulation H2 shall be amended as follows - 

    (1) The first paragraph shall be numbered (1).

    (2) In the first paragraph after the words "is entitled to receive a pension under" there shall be inserted the words "paragraph (1) of".

    (3) In the first paragraph after the words "abated in accordance with Schedule 4" there shall be inserted - 

    (4) After the first paragraph there shall be inserted - 

Cut-off date and minimum pension age
    
7. After regulation H2 of the Principal Regulations there shall be inserted - 

Equal treatment
    
8. Regulation K1 shall be amended as follows - 

    (1) The first paragraph shall be numbered (1).

    (2) After the first paragraph there shall be inserted - 

Pensions for widows, widowers and surviving civil partners
    
9. Regulation K2 of the Principal Regulations shall be amended as follows - 

    (1) In the heading of regulation K2 there shall be substituted for the words " Widows and Widowers" the words "widows, widowers and surviving civil partners".

    (2) For paragraph (3) there shall be substituted - 

    (3) In paragraph (4) after the words "this regulation" there shall be inserted the words "in respect of a person who ceased to be a participant before 3rd November 2004".

    (4) In paragraph (6) after the words "widow of a person" there shall be inserted the words "who ceased to be a participant before 3rd November 2004".

Pensions for surviving adult dependants
    
10. After regulation K2 of the Principal Regulations a new regulation shall be inserted - 

Pensions for children
    
11. Regulation K3 of the Principal Regulations shall be amended as follows - 

    (1) In sub-paragraph (2)(b) there shall be substituted for the words "widow or widower" the words "adult survivor".

    (2) In paragraph (5) there shall be substituted for the words "wife or husband" the words "adult survivor".

Death in service of participating Member
    
12. Regulation K4 of the Principal Regulations shall be amended as follows - 

    (1) There shall be substituted for paragraph (1) - 

    (2) In paragraph (2) there shall be substituted for the words "widow under regulation K2" the words "adult survivor under regulation K2 or regulation K2A".

Enhancement of initial adult survivors' pensions
    
13. Regulation K5 of the Principal Regulations shall be amended as follows - 

    (1) In the heading of regulations K5 there shall be substituted for the words "widows' and widowers' pensions" the words "adult survivors' pensions".

    (2) In paragraph (2) there shall be substituted for the words "widow of a man" the words "adult survivor of a person".

    (3) In paragraph (2) after the words "under regulation K2" there shall be inserted the words "or regulation K2A".

    (4) In sub-paragraph (3)(a) after the words "under regulation K2" there shall be inserted the words "or regulation K2A".

    (5) In paragraph (3) after the words "under regulation K2" there shall be inserted the words "or regulation K2A".

    (6) In paragraph (5) there shall be substituted for the words "widow is entitled to receive a pension under regulation K2" the words "adult survivor is entitled to receive a pension under regulation K2 or regulation K2A".

    (7) In sub-paragraph (6)(a) there shall be substituted for the words "widow by way of pension under regulation K2" the words "adult survivor by way of pension under regulation K2 or regulation K2A".

    (8) In paragraph (6) after the words "under regulation K2" there shall be inserted the words "or regulation K2A".

    (9) In paragraph (8) there shall be substituted for the words "paragraphs (3), (4), (7) and (8) of regulation K2 (duration of widow's pension, and restrictions on payment)" the words "paragraphs (2A), (3) (4), (7) and (8) of regulation K2 or paragraph (2) of regulation K2A".

Reduced pension for younger adult survivors
    
14. After regulation K6 of the Principal Regulations a new regulation shall be inserted - 

Gratuity on death in service
    
15. In sub-paragraph (3)(a) of regulation L1 of the Principal Regulations there shall be inserted after the words "wife or husband" wherever they occur the words "or civil partner".

Gratuity on death after retirement
    
16. In paragraph (1) of regulation L2 of the Principal Regulations after the words "under regulation K2" there shall be inserted the words "or regulation K2A".

Guarantees for adult survivors
    
17. Regulation M2 of the Principal Regulations shall be amended as follows - 

    (1) In the heading of regulations M2 there shall be substituted for the words "widows and widowers" the words "adult survivors".

    (2) In paragraph (1) there shall be substituted for the words "a widow or widower" the words "an adult survivor".

    (3) In sub-paragraph (2)(a) there shall be substituted for the words "widow or widower by way of pension under regulation K2" the words "adult survivor by way of pension under regulation K2 or regulation K2A".

    (4) At the end of paragraph (2) there shall be substituted for the words "widow or widower" the words "adult survivor".

    (5) In paragraph (4) there shall be substituted for the words "widow or widower" wherever they occur the words "adult survivor".

Guarantees where children but no adult survivor
    
18. Regulation M3 of the Principal Regulations shall be amended as follows - 

    (1) In the heading of regulation M3 there shall be substituted for the words "no spouse survive" the words "no adult survivor".

    (2) In paragraph (1) there shall be substituted for the words "no spouse" the words "no adult survivor".

Guarantees where no survivors
    
19. In paragraph (1) of regulation M4 of the Principal Regulations there shall be substituted for the words "his spouse" the words "an adult survivor".

Status of adult survivor
    
20. Regulation M5 of the Principal Regulations shall be amended as follows - 

    (1) There shall be substituted for the heading of regulation M5 the heading "Status of adult survivor".

    (2) At the start of paragraph (1) there shall be inserted the words "Subject to paragraph (3),".

    (3) There shall be substituted for sub-paragraph (1)(a) - 

    (4) In sub-paragraph (1)(b) there shall be substituted for the words "widow's or widower's" the words "adult survivor's".

    (5) At the start of paragraph (2) there shall be inserted the words "Subject to paragraph (3),".

    (6) There shall be substituted for sub-paragraph (2)(a) - 

    (7) In sub-paragraph (2)(b) there shall be substituted for the words "widow or widower" the words "widow, widower or surviving civil partner".

    (8) After paragraph (2) there shall be inserted - 

Early termination of child's period of full time education
    
21. In regulation M6 of the Principal Regulations there shall be substituted for the words "widow or widower" the words "adult survivor".

Deceased pensioner office holder
    
22. In paragraph (1) of regulation M7 of the Principal Regulations there shall be substituted for the words "his or her widow or widower and any relevant child or children as they apply in relation to a deceased pensioner Member and his or her widow or widower" - 

Refund after death
    
23. In regulation N2 of the Principal Regulations there shall be substituted for paragraph (a) - 

Percentage abatement of pension entitlement
    
24. There shall be substituted for the table in Schedule 4 to the Principal Regulations the following - 

Qualifying period (years)

Age pension brought into payment 20 or more 19 18 17 16 15
65 0.0 0.0 0.0 0.0 0.0 0.0
64 0.0 0.0 0.0 0.0 0.0 6.0
63 0.0 0.0 0.0 0.0 6.0 11.5
62 0.0 0.0 0.0 6.0 11.5 16.4
61 0.0 0.0 6.0 11.5 16.4 21.0
60 0.0 6.0 11.5 16.4 21.0 25.2
59 6.0 11.5 16.4 21.0 25.2 29.1
58 11.5 16.4 21.0 25.2 29.1 32.7
57 16.4 21.0 25.2 29.1 32.7 36.1
56 21.0 25.2 29.1 32.7 36.1 39.2
55 25.2 29.1 32.7 36.1 39.2 42.1
54 29.1 32.7 36.1 39/2 42.1 44.8
53 32.7 36.1 39.2 42.1 44.8 47.2
52 36.1 39.2 42.1 44.8 47.2 49.4
51 39.2 42.1 44.8 47.2 49.4 51.4
50 42.1 44.8 47.2 49.4 51.4 53.3


Peter Hain
Leader of the House of Commons

22nd March 2005



I consent


David Miliband
for the Minister for the Civil Service

22nd March 2005



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations make various amendments to the Parliamentary Pensions (Consolidation and Amendment) Regulations 1993[
5] (the "Principal Regulations").

Regulations 2, 8 to 13 and 15 to 23 introduce provisions for surviving civil partners and surviving partners who were neither married nor a civil partner and amend the Principal Regulations to make pensions to adult survivors payable for life.

Regulations 3 and 4 increase the contribution rate for participants with a 1/40th accrual rate from 9 per cent to 10 per cent with effect from 1st April 2004.

Regulations 5 to 7 and 24 amend the early retirement provisions.

Regulation 14 introduces provisions that reduce the adult survivor's pension where the adult survivor is more than 12 years younger than the participant.


Notes:

[1] 1987 c. 45.back

[2] See the Transfer of Functions (Treasury and Minister for the Civil Service) Order 1995 (S.I. 1995/269), article 3 and the Schedule.back

[3] S.I. 1993/3253, amended by S.I. 1995/2867, S.I. 1996/2406, S.I. 1999/2100, S.I. 2001/835, S.I. 2001/2649, S.I. 2002/1807, S.I. 2002/1887 and S.I. 2004/2416.back

[4] 2004 c. 33.back

[5] S.I. 1993/3253, amended by S.I. 1995/2867, S.I. 1996/2406, S.I. 1999/2100, S.I. 2001/2649, S.I. 2002/1807, S.I. 2002/1887 and S.I. 2004/2416.back



ISBN 0 11 072707 X


 © Crown copyright 2005

Prepared 1 April 2005


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URL: http://www.bailii.org/uk/legis/num_reg/2005/20050887.html