The Church of England Pensions Regulations 1988

Provisions as to payment of pensions

29.—(1) Subject to the provisions of these regulations, every pension under these regulations shall accrue from day to day and shall be payable (subject to any necessary apportionment) by equal quarterly instalments on the first day of January, the first day of April, the first day of July and the first day of October in each year; and if the person entitled to the pension so requests, the Commissioners or the Board, as the case may be, shall have power to make, at such times before the end of each quarter as they may determine, payments of such part of those instalments as they may determine.

(2) A pension under these regulations shall be incapable of being assigned, charged or anticipated and in the case of bankruptcy shall not pass to the trustee of the bankrupt’s estate, and any purported assignment of or charge upon such a pension shall be void; except that a person in receipt of any such pension may, if of full age and of sound mind, by an instrument in writing signed by him and delivered to the Board, renounce his pension or any part thereof and upon such renunciation the pension shall determine accordingly in whole or in part.

(3) Any pension payable under Part III of these regulations to a child of a deceased scheme member may be paid by the Board to the parent or guardian of that child, or to such other person under whose care or with whom the child may from time to time reside as the Board may think fit, and the person to whom the pension is paid may at his discretion pay the whole or any part thereof to the child for his absolute use and benefit and, where the whole pension is not paid to the child, shall apply the pension or the remainder, as the case may be, towards the maintenance, education or benefit of the child in such manner as he may think fit.

(4) Where on the retirement or death of a scheme member any payments due to be made in respect of the scheme member to the Commissioners under an agreement made or deemed to have been made under regulation 5 above are in arrear—

(a) no instalment of pension shall be paid under that agreement in respect of that scheme member if and so long as any such payment remains unpaid; and

(b) any pension payable under that agreement shall be retained for such period as may be necessary and shall be applied in discharging arrears due under the agreement, together with interest at five per cent per annum calculated from the respective dates upon which the payments in arrear were due,

except that, in the case of a pension payable to a widow, widower, child or dependant of a deceased scheme member, the Board may waive wholly or partly their right to recover any arrears from the estate of a deceased scheme member or to recover those arrears by retaining instalments of pension under this paragraph.

(5) Where instalments of pension payable to more than one person are retained under paragraph (4) above, the burden of the retention shall be distributed rateably among those persons in proportion to the amount of those pensions.