The Transfer of State Pensions and Benefits (Amendment) Regulations 2010

Amendment of the Transfer of State Pensions and Benefits Regulations 2007

3.—(1) Regulation 1 (citation, commencement and interpretation) is amended in accordance with this regulation.

(2) In paragraph (2) (interpretation)—

(a) omit the definitions of “the Communities’ scheme”, “the 1992 Act” and “relevant benefit”;

(b) before the definition of “guarantee date” insert—

““the 1992 Acts” means—

(a)

the Social Security Contributions and Benefits Act 1992(1); and

(b)

the Social Security Contributions and Benefits (Northern Ireland) Act 1992(2);

“active employment” has the same meaning as in Article 36 of the Council Regulation;

“the Council Regulation” means Council Regulation (EEC, Euratom, ECSC) No.259/68 laying down staff regulations of officials and the conditions of employment of other servants of the European Union;

“the EU scheme” means the pension scheme provided for officials of EU institutions in accordance with Articles 77 to 84 of, and Annex VIII to, the Council Regulation;”;

(c) after the definition of “guarantee date” insert—

““leave on personal grounds” has the same meaning as in Article 40 of the Council Regulation;

“relevant benefit” means—

(a)

graduated retirement benefit under—

(i)

sections 36 and 37 of the National Insurance Act 1965(3); and

(ii)

sections 35 and 36 of the National Insurance Act (Northern Ireland) 1966(4);

(b)

any benefit under Parts 2 to 5 and 10 of the 1992 Acts;

(c)

contribution-based jobseeker’s allowance under—

(i)

Part 1 of the Jobseekers Act 1995(5); and

(ii)

Part 2 of the Jobseekers (Northern Ireland) Order 1995(6);

(d)

contributory employment and support allowance under—

(i)

Part 1 of the Welfare Reform Act 2007(7); and

(ii)

Part 1 of the Welfare Reform Act (Northern Ireland) 2007(8);

“secondment” has the same meaning as in Articles 37 to 39 of the Council Regulation;”;

(d) in the definition of “transferor”, for “the Communities’ scheme” substitute “the EU scheme”.

(3) After paragraph (2) insert—

“(2A) References in these Regulations to an Article of, or an Annex to, the Council Regulation are references to that Article or Annex as amended from time to time.”.

(4) Omit paragraph (3).

(1)

1992 c. 4.

(2)

1992 c. 7.

(3)

1965 c. 51.

(4)

1966 c. 6 (N.I.).

(5)

1995 c. 18.

(6)

S.I. 1995/2705 (N.I. 15).

(7)

2007 c. 5.

(8)

2007 c. 2 (N.I.).