Church of England Pensions Measure 2018

PART 1 Membership

Members

1 (1) The Board has 20 members, including the chair.

(2) The chair is appointed by the Archbishops of Canterbury and York, with the approval of the General Synod.

(3) Eight members, each of whom must either be in pensionable service or be in receipt of a pension under a scheme administered by the Board, are elected as follows—

(a) one is elected by the House of Bishops, and must be in episcopal orders and a member of the funded scheme or the past service scheme,

(b) four are elected by the House of Clergy, none of them being in episcopal orders and each of them being a member of the funded scheme or the past service scheme,

(c) two are elected by and from the members of the workers’ fund, and

(d) one is elected by and from the members of the administrators’ fund.

(4) Two members are elected by and from the House of Laity.

(5) Two members are elected by the employers who participate in the workers’ fund or the administrators’ fund; and the elections must be conducted under arrangements approved by the Archbishops of Canterbury and York.

(6) One member is appointed by the Archbishops of Canterbury and York.

(7) One member is appointed by the Archbishops of Canterbury and York after consulting persons who—

(a) are officers or members of a diocesan board of finance or are members of the House of Clergy or the House of Laity elected for a diocese, and

(b) are chosen under arrangements approved by the Archbishops of Canterbury and York to represent dioceses in consultations on financial matters.

(8) Four members are appointed by the Archbishops of Canterbury and York after consultation with the Chairman of the House of Laity and the Chair of the Appointments Committee of the Church of England.

(9) One member is appointed by the Church Commissioners.

(10) The provisions of the Standing Orders of the General Synod relating to elections apply to elections to the Board.

(11) The functions of the Archbishops of Canterbury and York under this paragraph are exercisable by them jointly.

Terms of office

2 (1) The chair of the Board holds office for a term of such duration as the General Synod decides; but the term must not exceed six years.

(2) Each of the other members of the Board holds office for a term of six years.

(3) If a member of the Board ceases to hold a qualification by virtue of which he or she became a member, he or she ceases to be a member on ceasing to hold the qualification, unless sub-paragraph (4) applies.

(4) Where a member of the Board elected under paragraph 1(4) ceases to be a member of the House of Laity before the end of the six-year period provided for under sub-paragraph (2) of this paragraph, the person nonetheless continues to serve as a member of the Board until the end of that period, despite having ceased to be a member of the House.

(5) A person who ceases to be a member of the Board is eligible to be reappointed or re-elected (if qualified to be so).

(6) A person is disqualified from being a member of the Board if there is a prohibition order or suspension order in force against him or her under section 3 or 4 of the Pensions Act 1995.

(7) A person is disqualified from membership of the Board if—

(a) the person is disqualified from being a trustee of a trust scheme under section 29 of the Pensions Act 1995, and

(b) the disqualification is not subject to a general waiver under subsection (5) of that section.

(8) If a member of the Board becomes disqualified under sub-paragraph (6) or (7), he or she ceases to be a member on becoming so disqualified.

Casual vacancies

3 (1) A casual vacancy in the office of chair or of any other member of the Board must be filled within six months of its occurrence.

(2) But if, in the case of a member other than the chair, the unexpired part of the term of office does not exceed 12 months, the vacancy is not to be filled unless the Appointments Committee of the Church of England so directs.

(3) A casual vacancy in the office of a member is to be filled in the same manner as that in which the person whose place is being filled was elected or appointed.

(4) A person appointed or elected to fill a casual vacancy holds office only for the unexpired portion of the term of office of the person whose place is being filled.

Casual vacancies: special provision for persons retiring at the end of 2019 or 2021

4 (1) The provision made by paragraphs 1(4) and (8) and 2(3) and (4) does not affect the term of office of a person who, immediately before the commencement of this Schedule, was serving as a member of the Board—

(a) having been elected under the Church of England Pensions Regulations 1997 before 1 July 2017, or

(b) having filled a casual vacancy under paragraph 3(3), (4) or (5) of the Church of England Pensions (Amendment) Regulations 2017.

(2) The vacancies which arise on the retirement of two of those members at the end of 2019 are to be filled by two appointed persons.

(3) The vacancies which arise on the retirement of two of those members at the end of 2021 are to be filled by one elected person and one appointed person.

(4) If a casual vacancy arises in the case of either of the members retiring at the end of 2019, the vacancy in each case is to be filled by an appointed person.

(5) If a casual vacancy arises in the case of either of the members retiring at the end of 2021—

(a) the first vacancy to arise is to be filled by an appointed person and the second vacancy by an elected person, or

(b) if both vacancies arise at the same time, they are to be filled by an appointed person and an elected person.

(6) If a casual vacancy arises in the case of a person who was filling a casual vacancy under sub-paragraph (4) or (5) or under this sub-paragraph, the vacancy is to be filled either by an elected person or by an appointed person, depending on whether the person whose place is being filled was elected or appointed; and sub-paragraphs (2) to (5) accordingly apply to the person filling the vacancy as they did to the person whose place is being filled.

(7) This paragraph does not affect the application of paragraph 3.

(8) A reference in this paragraph to an elected person is a reference to a person elected by and from the House of Laity.

(9) A reference in this paragraph to an appointed person is a reference to a person appointed by the Archbishops of Canterbury and York acting jointly, after consultation with the Chairman of the House of Laity and the Chair of the Appointments Committee of the Church of England.