(1)The [F1Board] shall make rules regulating the grant of superannuation benefits to the officers of the Commissioners, and the allocation of superannuation benefits to their spouses or dependants, and the provisions of the F2... M1Superannuation (Various Services) Act 1938 shall not apply to the Commissioners or their officers:
Provided that in the case of any transferred officer—
(a)service under either of the constituent authorities and service under the Commissioners shall be aggregated and treated as continuous service under the Commissioners; and
[F3(b) the superannuation benefits to be granted to or in respect of him on his retirement or death shall not be less than those which might have been awarded had the provisions of the principal civil service pension scheme within the meaning of section 2 of the M2 Superannuation Act 1972 and then in force applied to him, and the Commissioners shall have the like power to permit the allocation of such benefits to the spouse or dependants of such an officer as they would have had by virtue of section 1 of the M3 Superannuation (Various Services) Act 1938 had that section not been repealed. ]
(2)As from the appointed day the liability of either of the constituent authorities to make payments in respect of superannuation benefits to a person who had been employed by them, but had before the appointed day ceased to be so employed, or to his spouse or dependants, shall be transferred to, and become a liability of, the Commissioners and be a charge on their general fund.
[F4(4)The Commissioners may, until 31 December [F52032], apply capital funds for meeting the cost of any pension or lump sum payable under the Church Commissioners Superannuation Scheme in so far as it is attributable to a period of service before 1 January 1998.
(5)In subsection (4), “capital funds” means funds held by the Commissioners the income of which forms part of their general fund.]
Textual Amendments
F1Words in s. 17(1) substituted (1.1.1999) by 1998 No. 1, s. 7(1), Sch. 4 para. 7; Instrument dated 14.10.1998 made by Archbishops of Canterbury and York
F2Words in s. 17(1) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 6 Group 2(1)
F3S. 17(1) proviso para. (b) substituted by Superannuation Act 1972 (c. 11), Sch. 6 para. 21
F4S. 17(4)(5) inserted (1.3.2019) by Church of England Pensions Measure 2018 (No. 9), ss. 39(6), 61(2); S.I. 2019/98, art. 2
F5Word in s. 17(4) substituted (25.1.2024) by Church of England Pensions (Application of Capital Funds) Measure 2024 (No. 2), ss. 1(2), 2(2)
Modifications etc. (not altering text)
C1S. 17 explained by Church Property (Miscellaneous Provisions) Measure 1960 (No. 1), s. 18
Marginal Citations