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The Church of England Pensions Regulations 1988

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Determination of questions

32.—(1) Subject to the provisions of these regulations, if any question arises—

(a)whether any clerk, deaconess or licensed lay worker is performing or has performed pensionable service,

(b)as to the length of the qualifying period of pensionable service performed by any scheme member or the date on which the qualifying period terminated,

(c)whether a scheme member satisfies any other conditions laid down for receipt of a pension under Part II of these regulations or the terms and conditions upon which his pension is granted or agreed to be paid,

(d)whether a scheme member has retired or on what date he retired,

(e)as to the rate at which a pension is to be paid and whether any deductions are to be made therefrom in respect of arrears of payments,

(f)as to the right of a scheme member to a repayment of any payments made by him, or

(g)as to the rights of a widow, widower, child or dependant of a scheme member under Part III of these regulations (including the question whether any person is a dependant of a member),

it shall be decided by the Board at a meeting specially convened for that purpose.

(2) Before giving a decision under this section the Board shall give the scheme member or other person concerned, or his agent, an opportunity of being heard.

(3) Any person aggrieved by a decision of the Board under this section may, within such period and in such manner as may be laid down by Rules of Court, appeal from that decision to the High Court, and the decision of that Court on any such appeal shall be final.

(4) The Arbitration Act 1950(1) shall not apply to any proceedings under this section.

(5) This regulation is an excepted provision.

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