SCHEDULES

F1C1C2C5C3C6C4 SCHEDULE 6PENSION COMPENSATION PROVISIONS

Annotations:
Amendments (Textual)
F1

mod. by SR 2005/171

Modifications etc. (not altering text)

Pensions in payment at assessment date

3

1

Compensation is payable in accordance with this paragraph where, immediately before the assessment date, a person is entitled to present payment of a pension under the admissible rules of the scheme.

2

That person ( “the pensioner”) is entitled to periodic compensation in respect of that pension ( “the pension”) commencing at the assessment date and continuing for life or, in a case to which sub-paragraph (8) applies, until such time as entitlement to the pension would have ceased under the admissible rules.

3

The annual rate of the periodic compensation is the appropriate percentage of the aggregate of—

a

the protected pension rate, and

b

any increases under paragraph 28 (annual increases in periodic compensation).

4 F2

In sub-paragraph (3) “the appropriate percentage” means—

a

in a case to which sub-paragraph (7) applies, 90%, and

b

in any other case, 100%.

5

In sub-paragraph (3) “the protected pension rate” means the annual rate of the pension, under the admissible rules, immediately before the assessment date.

6

In determining for the purposes of sub-paragraph (5) the annual rate of the pension immediately before the assessment date, any recent discretionary increase is to be disregarded if paragraph F435(3A) applies F3to the scheme.

7

This sub-paragraph applies where the pensioner has not attained normal pension age in respect of the pension before the assessment date and his entitlement to the pension—

a

is attributable to his pensionable service, and

b

did not arise by virtue of any provision of the admissible rules of the scheme making special provision as to early payment of pension on grounds of ill health.

8

This sub-paragraph applies where the pension was not attributable to—

a

the pensioner's pensionable service, or

b

(directly or indirectly) to a pension credit to which the pensioner became entitled under Article 26(1)(b) of the 1999 Order.

9

This paragraph does not apply if compensation is payable in respect of the pension in accordance with paragraph 5 (pension benefits postponed at assessment date).

10

This paragraph is subject to—

F5za

paragraph 22A (calculation of compensation on and after 1st January 2024),

a

F6... and

b

paragraph 30 (power of Department to change percentage rates by order).