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Social Security Act 1989

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This is the original version (as it was originally enacted).

7(1)In section 41B of that Act (protection of widows' pensions) in subsection (1A) (which defines the “relevant aggregate”) after paragraph (c) there shall be added the words and

(d)in a case where the earner’s later earnings level was higher than his termination earnings level, the later earnings addition.

(2)After subsection (3) there shall be inserted—

(3A)In this section “the later earnings addition” means an amount equal to the difference between the relevant sum and what that sum would have been had the pension in question been calculated by reference to the earner’s later earnings level.

(3B)In this section—

  • “later earnings level” means the level of earnings by reference to which the pension which constitutes the relevant sum would have been calculated had the termination of employment date fallen on the cessation date;

  • “termination earnings level” means the level of earnings by reference to which that pension would have been calculated had the cessation date fallen on the termination of employment date; and

  • “the cessation date” means the earlier of—

    (a)

    the date on which the earner ceased to be employed in relevant employment; and

    (b)

    the date which, in relation to the earner, was the relevant date within the meaning of section 41A(1) above.

(3)After subsection (5) of that section there shall be inserted—

(6)In this section “relevant employment” shall be construed in accordance with Schedule 16 to the [1973 c. 38.] Social Security Act 1973.

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