Church of England Pensions Measure 2018

14 Entitlement to pension E

(1) A member of the past service scheme who was entitled immediately before the commencement of this section to receive a pension under the scheme continues to be entitled to receive a pension under the scheme.

(2) A member of the past service scheme who has performed a qualifying period of pensionable service to which the scheme applies, but who is not entitled to receive a pension under the scheme immediately before the commencement of this section, becomes entitled to receive a pension under the scheme from the Board in each of the following cases.

(3) The first case is where the member retires on or after reaching the retiring age.

(4) The second case is where the member retires before reaching the retiring age on grounds of having become incapable through infirmity of performing the duties of his or her office.

(5) The third case is where the member—

(a) ceases, or has already ceased, to perform pensionable service before reaching the retiring age and without being entitled to receive a pension under the scheme, and

(b) after ceasing to perform pensionable service but before reaching the retiring age, satisfies the Board that he or she has become incapable through infirmity of performing pensionable service.

(6) The fourth case is where the member retires before reaching the retiring age, otherwise than on grounds of infirmity and no more than 10 years before he or she would have reached the retiring age.

(7) Entitlement in the second and third cases is subject to section 18 (requirement for medical evidence).

(8) Entitlement in the fourth case is subject to the member having given the Board at least three months' written notice of the intention to retire.

(9) Where a member of the past service scheme is deposed from Holy Orders or executes a deed of relinquishment under the Clerical Disabilities Act 1870, he or she nevertheless continues to be a member of the past service scheme in the capacity of clerk (with section 15 also applying accordingly).

(10) “Retiring age” means—

(a) in the case of a man, 65 or such earlier age as the General Synod may by resolution determine;

(b) in the case of a woman, 60 or such other age as the General Synod may by resolution determine.

Commencement Information

I1 S. 14 in force at 1.3.2019 by S.I. 2019/98, art. 2