- Latest available (Revised)
- Original (As enacted)
This version of this part contains provisions that are prospective.![]()
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Pensions Act 2011. Any changes that have already been made by the team appear in the content and are referenced with annotations.![]()
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
(1)In Schedule 4 to the Pensions Act 1995 (equalisation of and increase in pensionable age for men and women) paragraph 1 is amended as follows.
(2)In sub-paragraph (1) for “6th April 1959” substitute “ 6th December 1953 ”.
(3)Omit sub-paragraph (4).
(4)In table 1 for the entries (in both columns) relating to each of the periods from “6th April 1953 to 5th May 1953” to “6th March 1955 to 5th April 1955” substitute—
| “6th April 1953 to 5th May 1953 | 6th July 2016 |
| 6th May 1953 to 5th June 1953 | 6th November 2016 |
| 6th June 1953 to 5th July 1953 | 6th March 2017 |
| 6th July 1953 to 5th August 1953 | 6th July 2017 |
| 6th August 1953 to 5th September 1953 | 6th November 2017 |
| 6th September 1953 to 5th October 1953 | 6th March 2018 |
| 6th October 1953 to 5th November 1953 | 6th July 2018 |
| 6th November 1953 to 5th December 1953 | 6th November 2018” |
(5)For table 2 substitute—
| (1) | (2) |
|---|---|
| Period within which birthday falls | Day pensionable age attained |
| 6th December 1953 to 5th January 1954 | 6th March 2019 |
| 6th January 1954 to 5th February 1954 | 6th May 2019 |
| 6th February 1954 to 5th March 1954 | 6th July 2019 |
| 6th March 1954 to 5th April 1954 | 6th September 2019 |
| 6th April 1954 to 5th May 1954 | 6th November 2019 |
| 6th May 1954 to 5th June 1954 | 6th January 2020 |
| 6th June 1954 to 5th July 1954 | 6th March 2020 |
| 6th July 1954 to 5th August 1954 | 6th May 2020 |
| 6th August 1954 to 5th September 1954 | 6th July 2020 |
| 6th September 1954 to 5th October 1954 | 6th September 2020” |
(6)In sub-paragraph (6) for “5th April 1960” substitute “ 5th October 1954 ”.
(7)Schedule 1 (equalisation of and increase in pensionable age for men and women: consequential amendments) has effect.
Prospective
(1)In section 150 of the Social Security Administration Act 1992 (annual up-rating of benefits)—
(a)in subsection (1)(e)(i) for “person who is also entitled to a Category A or Category B retirement pension” substitute “ relevant person ”;
(b)after subsection (1) insert—
“(1A)In subsection (1)(e)(i) “relevant person” means a person—
(a)who became entitled to a Category A or Category B retirement pension before the day on which section 2(1) of the Pensions Act 2011 comes into force, and
(b)to whom sums became payable by virtue of section 15(1) of the Pension Schemes Act 1993 (including sums payable by virtue of section 17(2)) before that day.
(1B)In subsection (1A)—
(a)a reference to becoming entitled to a pension before a day includes a reference to becoming entitled on or after that day to the payment of a pension in respect of a period before that day;
(b)a reference to sums becoming payable before a day includes a reference to sums becoming payable on or after that day in respect of a period before that day.”
(2)In that section after subsection (10A) insert—
“(10B)Subsection (10A) does not have effect unless—
(a)the member became entitled to a Category A or Category B retirement pension before the day on which section 2(2) of the Pensions Act 2011 comes into force, and
(b)the member's postponed pension under the scheme became payable before that day.
(10C)In subsection (10B)—
(a)a reference to becoming entitled to a pension before a day includes a reference to becoming entitled on or after that day to the payment of a pension in respect of a period before that day;
(b)a reference to a pension becoming payable before a day includes a reference to a pension becoming payable on or after that day in respect of a period before that day.”
(3)In section 151 of that Act (up-rating - supplementary) omit subsection (5).
(4)The repeal made by subsection (3) does not affect the application of section 151(5) of that Act in relation to a person who became entitled to a Category A or Category B retirement pension before the day on which subsection (3) comes into force.
(5)In Schedule 5 to the Social Security Contributions and Benefits Act 1992 (pension increase or lump sum where entitlement to retirement pension is deferred) omit paragraphs 5, 5A, 6, 6A and 7.
(6)Schedule 2 (repeals and amendments consequential on subsection (5)) has effect.
(7)The repeals made by subsection (5) do not affect the application of paragraphs 5 to 6A of Schedule 5 to the Social Security Contributions and Benefits Act 1992 in a case where—
(a)W became entitled to a Category A or Category B retirement pension before the day on which subsection (5) comes into force, and
(b)S died before that day;
(and section 150(1)(d) of the Social Security Administration Act 1992 continues to apply accordingly).
(8)The enactments amended by Schedule 2 have effect in relation to such a case as if the repeals and amendments made by that Schedule (apart from the amendments made by paragraph 3(7) and (8)) had not been made.
(9)In subsection (7) “W” and “S” have the same meaning as in paragraph 5 of Schedule 5 to the Social Security Contributions and Benefits Act 1992.
(10)In this section a reference to becoming entitled to a pension before a day includes a reference to becoming entitled on or after that day to the payment of a pension in respect of a period before that day.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: