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The Church of England Pensions Regulations 1988

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Commencement of pension of scheme member retiring early by reason of infirmity

21.—(1) This regulation applies to a scheme member to whom regulation 20 above applies and who—

(a)in the case of a clerk, is deemed under section 14 of the Incumbents (Vacation of Benefices) Measure 1977(1) (pension of incumbent found to be unable to perform duties attaching to benefice) to have become incapable through infirmity of performing the duties of his office, or

(b)in the case of any scheme member, ceases to perform pensionable service before attaining the retiring age without receiving a pension in respect of that service and subsequently before attaining that age satisfies the Board that he has become incapable through infirmity of performing pensionable service.

(2) The commencement of the pension to which a scheme member to whom this regulation applies is entitled under Part II of these regulations shall be postponed until the date on which he attains the retiring age unless he consents to its commencement on the date on which apart from this paragraph it would commence; and the making before the first-mentioned date by him or some other person on his behalf of an application for the pension in accordance with regulation 11 shall be evidence that he does consent thereto.

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