The Church of England Pensions Regulations 1988

Provisions as to date of retirement

10.—(1) For the purposes of these regulations a scheme member who—

(a) before attaining the retiring age ceases to perform pensionable service without receiving a pension in respect of that service, and

(b) subsequently before attaining that age satisfies the Board that he has become incapable through infirmity of performing pensionable service,

shall be deemed to have retired on the date on which the Board determine that they are so satisfied.

(2) For the purposes of these regulations a scheme member who—

(a) before attaining the retiring age ceases to perform pensionable service, and

(b) on the date on which he attains that age is neither performing such service nor in receipt of a pension in respect of such service,

shall be deemed to have retired on that date.

(3) A clerk who—

(a) is deposed from Holy Orders, or

(b) executes a deed of relinquishment under the Clerical Disabilities Act 1870(1),

is still a clerk for the purposes of these regulations, and if at the date on which the clerk is so deposed or on which that deed is recorded in the diocesan registry under section 4 or 5 of that Act the clerk has attained the retiring age he shall be deemed to have retired on that date, and if at that date he has not attained the retiring age he shall be deemed to have retired on the date on which he attains that age.

(1)

1870 c. 91.