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PART 3The past service scheme

Contracted-out employment

27Guaranteed minimum pension

(1)This section overrides the preceding provisions of this Part (other than section 26) in so far as they would apply to service by a member of the past service scheme in employment which was contracted-out by reference to the scheme.

(2)If the member has a guaranteed minimum under section 14 of the Pension Schemes Act 1993 in respect of the contracted-out service, the weekly rate of the pension in respect of that service must—

(a)on the date on which the member reaches the state pensionable age, be at least the member’s guaranteed minimum;

(b)if the member dies leaving a surviving spouse or civil partner, be at least half that guaranteed minimum.

(3)If the member has not performed a qualifying period of pensionable service, the weekly rate of the pension in respect of the contracted-out service is—

(a)on the date on which the member reaches the state pensionable age, equal to the member’s guaranteed minimum;

(b)if the member dies leaving a spouse or civil partner, equal to half that guaranteed minimum.

(4)“Weekly rate”, in relation to a pension paid otherwise than at weekly intervals, means a rate equivalent to the guaranteed minimum of the member in question, with regard being had to the period in respect of which the pension is paid.

(5)A reference to a member’s guaranteed minimum, so far as attributable to earnings after 5 April 1988, is a reference to that minimum as increased in accordance with Chapter 2 of Part 5 of the Pension Schemes Act 1993.