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An Act to make further provision with respect to the contributory pensions schemes for Members of the House of Commons and for the holders of certain Ministerial and other offices; to increase the amount that may be appropriated under section 4(4) of the House of Commons Members’ Fund Act 1948 for the alleviation of special hardship; and to provide for payments to be made, in certain circumstances, to persons who cease to hold Ministerial and other offices or to be Representatives to the Assembly of the European Communities.
[31st July 1984]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
(1)In the year current at the passing of this Act and subsequent years, the power of the House of Commons by resolution under subsection (4) of section 4 of the M1House of Commons Members’ Fund Act 1948 (provision for cases of special hardship) to appropriate for the purposes of that section up to one-tenth of—
(a)the sums deducted and set aside as mentioned in that subsection, and
(b)the contributions made under section 1 of the M2House of Commons Members’ Fund Act 1957 (Treasury contributions),
shall (without prejudice to section 3 of the M3House of Commons Members’ Fund and Parliamentary Pensions Act 1981 (exclusion of increases in Treasury contributions from appropriation for the alleviation of special hardship)) be exercisable in relation to the whole or any part of those sums and contributions, instead of in relation to not more than one-tenth of them.
(2)Accordingly, in relation to the years to which subsection (1) above applies—
(a)in subsection (4) of the said section 4, for the words from “such part” to “the resolution” there shall be substituted the words “ the whole or any part ”; and
(b)in subsection (4) o f the said section 1, for the words “up to one-tenth” there shall be substituted the words “ the whole or any part ”.
The M4European Assembly (Pay and Pensions) Act 1979 shall have effect, and be deemed always to have had effect, with the substitution for section 3 (grants to Representatives losing their seats) of the following sections—
(1)Where a person who is a Representative immediately before the end of any five-year period either—
(a)did not stand for election to the Assembly at the general election of representatives to the Assembly held in that period; or
(b)did so stand (whether for the same or a different constituency) at that election and was not elected,
he shall, unless he attained the age of 65 before the end of that period, be entitled to a resettlement grant calculated in accordance with the followng provisions of this section.
(2)Where a person becomes entitled to a grant under this section at the end of any five-year period, its amount shall be equal to the relevant percentage of a year’s salary under section 1 at the rate applicable to him immediately before the end of that period, the relevant percentage for this purpose being that shown in the following Table in relation to his age at the end of that period and the number of years for which he has served as a Representative before the end of that period.
|Age||Number of years service|
|Under 10||10||11||12||13||14||15 or over|
|55 or over||50||60||68||76||84||92||100|
(3)In calculating for the purposes of subsection (2) the number of years for which a person has served as a Representative before the end of the period in question, there shall be disregarded—
(a)any fraction of a year for which he has so served; and
(b)if he has become entitled to a grant under this section on any previous occasion, any period of service which for those purposes was on that occasion either taken into account or disregarded under paragraph (a).
(4)In relation to the five-year period ending in 1984, subsection (1) shall have effect as if the words ”unless he attained the age of 65 before the end of that period’ were omitted.
(5)In this section ”five-year period’ means a period of five years for which representative s have been elected to the Assembly; but if any such period is extended or curtailed, the references in this section to the end of that period shall be construed accordingly.
(1)If it appears to the Secretary of State that the effect, at any time, of section 3 in relation to persons ceasing to be Representatives is not or was not equivalent to the effect, at that time, of the arrangements made pursuant to any resolution or combination of resolutions of the House of Commons for the payment of grants to persons ceasing to be Members on a dissolution of Parliament, he may by order amend that section for the purpose of making its effect in relation to persons ceasing to be Representatives as nearly so equivalent as he considers practicable.
(2)An order under this section—
(a)may provide for the order to be deemed to have come into force on a date before the date on which it is made, but
(b)shall not reduce the amount of, or cancel any entitlement to, any grant under section 3 to which a person has become entitled before the date on which the order is made.
(3)The power to amend section 3 conferred by this section includes power to make new provision in place of that section, whether by substituting one or more new sections or otherwise; and references in this section to that section shall accordingly include any provisions for the time being having effect in place of it by virtue of an order under this section.”.
(1)There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of such money under any other Act.
(2)There shall be paid into or out of the Consolidated Fund any increase attributable to this Act in the sums payable into or out of that Fund under—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
(b)section 7(1)(b) of the M5European Assembly (Pay and Pensions) Act 1979 (grants payable under section 3 of that Act).
(3)A payment made in pursuance of section 13 above to a person who has ceased to hold a relevant office (within the meaning of that section) shall be paid out of money provided by Parliament or charged on and paid out of the Consolidated Fund according as the salary payable in respect of that office is payable out of such money or charged on and paid out of that Fund.
This Act may be cited as the Parliamentary Pensions etc. Act 1984.
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