Church of England (Pensions) Measure 1988 (No. 4)

6 In section 10C—

(a) for subsection (1) there shall be substituted the following subsection—

“(1) Subject to the provisions of this section, in sections 10 and 10A of this Measure the expression “deceased scheme member’s pension” means—

(a) if at the date of death the scheme member was in receipt of a pension under this Measure, the pension received by the scheme member;

(b) if at the date of death the scheme member had attained the retiring age but was not in receipt of a pension under this Measure, the pension to which the scheme member would have been entitled if he or she had retired on the date of his or her death;

(c) if at the date of death the scheme member was performing pensionable service but had not attained the retiring age, the pension to which the scheme member would have been entitled if on that date the scheme member had retired on the ground that he or she had become incapable through infirmity of performing the duties of his or her office;

(d) if at the date of death the scheme member had ceased to perform pensionable service but had not attained the retiring age and was not in receipt of a pension under this Measure, the pension to which the scheme member would have been entitled if on that date he had become incapable through infirmity of performing pensionable service.”;

(b) in subsection (2) for the word “clerk” in each place where it occurs there shall be substituted the words “scheme member”, after the word “widow” there shall be inserted the word “widower”, for the words “clerk’s pension” there shall be substituted the words “scheme member’s pension” and for paragraph (b) there shall be substituted the following paragraph—

“(b) the pension to which the scheme member would have been entitled in respect of the period of pensionable service performed by the member if the scheme member had retired at the retiring age after having performed the same period of pensionable service.”;

(c) in subsection (3) for the word “clerk” there shall be substituted the words “scheme member”.