Statutory Instrument 1995 No. 2867

The Parliamentary Pensions (Amendment) Regulations 1995

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© Crown Copyright 1995

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1995 No. 2867

PARLIAMENT

The Parliamentary Pensions (Amendment) Regulations 1995

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 and commencement
    1.    These Regulations may be cited as the Parliamentary Pensions (Amendment) Regulations 1995 and shall come into force on 1st December 1995, but shall have effect from 1st April 1995.

Interpretation
    2.    —(1)  In these Regulations—

"the principal Regulations"means the Parliamentary Pensions (Consolidation and Amendment) Regulations 1993^[3];

and other expressions shall have the same meaning as in the principal Regulations.    (2)  In these Regulations, except where the context otherwise requires—
 (a) a reference to a numbered regulation is a reference to the regulation of these Regulations so numbered; and
 (b) a reference in a regulation or in the Schedule to a numbered paragraph is a reference to the paragraph of that regulation or of the Schedule so numbered; and
 (c) a reference in a paragraph to a numbered sub-paragraph is a reference to the sub-paragraph of that paragraph so numbered.

Adjustment in reckonable service
    3.    Regulation E2 of the principal Regulations shall be amended by inserting in paragraph (l), at the beginning, the words "Subject to paragraph (1A) below," and by inserting after that paragraph the following paragraph —
"  (1A)  In the case of a participating Member in service on 1st April 1995, the following adjustments shall where relevant be made to his aggregate period of reckonable service as a participating Member—
(a) where his aggregate period of reckonable service as a participating Member includes service which is treated as ending before 20th July 1983 by virtue of article 10(1)(i) or (ii) of the Parliamentary Pensions (Added Years and Rates of Accrual) (Further Provisions) Order 1984^[4], the period of such service shall be multiplied by five-sixths;

(b) where he applied to purchase added years pursuant to article 14 of the Parliamentary Pensions (Purchase of Added Years) Order 1978^[5], the number purchased shall be multiplied by two-fifths."

Increase in accrual rate
    4.    Regulation F2 of the principal Regulations shall be amended by inserting in paragraph (3), at the beginning, the words "Subject to paragraph (3A) below,"and by inserting after that paragraph the following paragraph —
"  (3A)  In the case of a participating Member in service on 1st April 1995, in paragraph (l) of this regulation "the appropriate fraction" means one-fiftieth."

Increased accrual rate: consequential provisions
    5.    The Schedule to these Regulations shall have effect in relation to a participating Member in service on 1st April 1995 whose aggregate period of reckonable service as a participating Member includes service before 20th July 1983 or is treated as ending before that date^[6].

Gratuity on death in service
    6.    In regulation L1 of the principal Regulations—
 (a) in paragraph (2)(a) for the words "the individual", there shall be substituted the words "the person or persons";
 (b) in paragraph (2)(b), after the words "at that time", there shall be inserted the words "or, pursuant to paragraph (3) below, to the extent that a nomination is treated as not being in force,";
 (c) after paragraph (2), there shall be inserted the following paragraph—
"  (2A)  Where a participant nominates more than one person for the purposes of this regulation, he may also specify the proportion of the gratuity to be granted to each such person." ;

 (d) in paragraph (3), immediately after the words "at the time of the participant's death", there shall be inserted the words "to the extent that";
 (e) in paragraphs (3)(a) and (b), the word "if"at the beginning shall in each case be deleted and for the words "the individual", wherever they appear, there shall be substituted the words "any person";
 (f) in paragraphs (5)(a) and (6) for the word "twice"there shall be substituted the words "three times".

Gratuity on death after retirement
    7.    In relation to any person in respect of whom the Trustees may grant a gratuity under regulation L2 of the principal Regulations and who has not been a participant at any time on or after 1st April 1995, the amount of the gratuity referred to in regulation L2(3)(a) shall be calculated as if the substitution effected by regulation 6(f) above had not been effected.

Tony Newton

Leader of the House of Commons

6th November 1995
I consent on behalf of the Minister for the Civil Service

John Horam

Parliamentary Secretary, Office of Public Service

6th November 1995

[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. back

[4] S.I. 1984/1908, which was revoked with savings by S.I. 1993/3253. back

[5] S.I. 1978/1837; article 14 was inserted by S.I. 1984/1907 and S.I. 1978/1837 was revoked with savings by S.I. 1993/3253. back

[6] By virtue of article 10(1)(i) or (ii) of S.I. 1984/1908. back

Explanatory Note