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Incumbents (Vacation of Benefices) Measure 1977

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14 Provision with respect to pension of incumbent found to be unable to perform duties attaching to benefice.E

(1)Where—

(a)after an enquiry under Part I of this Measure in which the [F1committee or] tribunal [F1, as the case may be,] reported to the bishop in accordance with section 9(2) thereof; or

(b)after an enquiry under Part II thereof,

the incumbent concerned resigns his benefice consequent upon a notification from the bishop under section 11(2)(a) of this Measure or the bishop has declared the benefice of the incumbent vacant under that section, the incumbent shall be deemed for the purposes of the [F2Church of England (Pensions) Measures 1961 to [F32015]] and any regulations approved by the General Synod under section 6 of the Clergy Pensions (Amendment) Measure 1972 to have become incapable through infirmity of performing the duties of his office on the date on which his resignation took effect or the date on which by virtue of the declaration his benefice became vacant, as the case may be, and to have satisfied the Church of England Pensions Board that he was so incapable and that the infirmity was likely to be permanent.

(2)Subsection (1) above shall not apply to an incumbent who at whichever of the dates mentioned in that subsection applies in his case has attained the retiring age within the meaning of the said Measures and regulations.

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