Section 2
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.
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.
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.
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.
5(1)The Board may do anything it thinks necessary or appropriate for the purpose of, or in connection with, the exercise of its functions.
(2)A provision of this Measure which specifies things which the Board may do for the purpose of, or in connection with, the exercise of a function conferred by that provision does not affect the generality of sub-paragraph (1).
6(1)The Board may determine the duties and remuneration of its staff.
(2)The Board must pay from the funds it administers—
(a)the salaries or other remuneration of its staff, and
(b)the working expenses of the Board.
7(1)A committee appointed by the Board may include persons who are not members of the Board.
(2)A reference in this Part of this Schedule to a committee is to a committee appointed by the Board.
8(1)The quorum of the Board is six; and the quorum must include at least two persons each of whom is a representative of a pension scheme administered by the Board.
(2)The validity of anything done by the Board is not affected by a vacancy among its members or by a defect in the appointment of a member.
(3)The Board may make standing orders regulating its procedure, subject to sub-paragraphs (1) and (2) and paragraph 7; and a reference in a subsequent provision of this Schedule to standing orders is to those so made.
9(1)The Board may delegate the exercise of any of its functions to a committee.
(2)The Board or a committee may, in accordance with such provision as standing orders may make, delegate the exercise of any of its functions to an officer.
10(1)If the chair of the Board or of a committee considers that it has business which can properly be conducted by correspondence, the chair may instruct the secretary to circulate to the members written proposals requiring their approval.
(2)Unless objections are received from members in such numbers and within such period as standing orders may specify, proposals circulated under sub-paragraph (1) are to be treated on the expiry of that period as if they had been approved by the Board or the committee concerned at a duly convened meeting.
11(1)The application of the Board’s seal must be authenticated by the signature of the secretary or of another officer authorised by the Board (whether generally or specifically) for that purpose.
(2)A document purporting to be duly executed under the Board’s seal is to be received in evidence and, unless the contrary is proved, taken to be so executed.
(3)A document which is signed by two members of the Board and expressed (in whatever form of words) to be executed by the Board has the same effect as if executed under its seal.
(4)A document which is signed by two officers or members of staff of the Board authorised by the Board for that purpose, and which is expressed (in whatever form of words) to be signed on behalf of the Board, has the same effect as if executed under its seal.
(5)An authorisation under sub-paragraph (4) has effect subject to such limitations or conditions as it may specify.
(6)A document executed by the Board which makes clear on its face that it is intended to be a deed has effect on delivery as a deed and is to be taken, unless a contrary intention is proved, to be delivered on being so executed.
(7)In favour of a person who in good faith acquires an interest in property for valuable consideration, a document is taken to be duly executed by the Board if it purports to be signed in accordance with sub-paragraph (3) or (4).
Section 16(4)
1This Part of this Schedule applies in the case of a member of the past service scheme who—
(a)retired before the commencement of this Schedule (whether or not before 1 January 1998) and on or after reaching the retiring age, or
(b)retires after that commencement on or after reaching that age.
2(1)This paragraph applies where the member’s qualifying period of pensionable service to which the past service scheme applies is at least 37 years of whole-time service.
(2)If the member has not at any time in that period held the office of archbishop, diocesan bishop, suffragan bishop, dean, provost or archdeacon, the rate of pension is the full basic pension.
(3)If the member has at any time in that period held an office referred to in sub-paragraph (2), the rate of pension is calculated by multiplying the full basic pension by the multiple in the following Table that is applicable to that office—
| Office | Multiple |
|---|---|
| Archbishop | 2 |
| Bishop of London | 1.8 |
| Diocesan bishop (other than the Bishop of London) | 1.5 |
| Suffragan bishop, dean, provost or archdeacon | 1.25 |
(4)If the member has held more than one of those offices, the multiple to be used in the calculation under sub-paragraph (3) is the higher or highest applicable to the offices which he or she has held.
(5)The amount of the lump sum payment, where the member becomes entitled to it after the commencement of this Schedule, is three times the full basic pension.
(6)“Full basic pension” means two-thirds of the national minimum stipend for the year preceding that in which payment of the pension begins.
(7)The “national minimum stipend” for a year is the amount which the Archbishops’ Council specifies in its annual report as the amount which it recommends as the national minimum for that year for the stipends of clergy of incumbent status.
(8)The references in this paragraph to the office of dean do not include a reference to the office of dean of the cathedral church of the diocese of Sodor and Man.
3(1)This paragraph applies where the member’s qualifying period of pensionable service to which the past service scheme applies is less than 37 years of whole-time service.
(2)The rate of the pension for that period of service is calculated as follows.
(3)The first step is to divide by 37 the rate of pension to which the member would be entitled if the qualifying period of pensionable service were 37 years of whole-time service.
(4)The second step is to multiply the number obtained under sub-paragraph (3) by the number of complete years in the period of whole-time service.
(5)The third step, which must be taken if the period of whole-time service includes part of a year, is—
(a)to divide by 12 the number obtained under sub-paragraph (3),
(b)to multiply the number obtained under paragraph (a) by the number of complete months in that part of the year, and
(c)to add the number obtained under paragraph (b) to the number obtained under sub-paragraph (4).
(6)The amount of the lump sum payment is that which bears the same proportion to three times the full basic pension as the pension to which the member is entitled on retirement for the whole-time service bears to that to which the member would have been entitled if he or she had retired on reaching the retiring age with a qualifying period of service of 37 years of whole-time service.
4(1)This paragraph applies where the member’s qualifying period of pensionable service to which the past service scheme applies consists of or includes part-time service performed after 1 January 1987.
(2)In a case where the pension for that part-time service became payable before the commencement of this Schedule, the rate of pension continues to be the rate which the Board had determined under paragraph 4 of Schedule 1 to the Church of England Pensions Regulations 1998.
(3)In a case where the pension for that part-time service becomes payable after the commencement of this Schedule, the rate of pension is calculated by multiplying the rate which would have been payable if the service had been whole-time service by such proportion as the Board determines.
(4)When making a determination under sub-paragraph (3), the Board must act in accordance with the general directions of the Church Commissioners.
(5)The amount of the lump sum payment is the amount which bears the same proportion to three times the full basic pension as the pension to which the member is entitled on retirement for the part-time service bears to that to which the member would have been entitled if he or she had retired on reaching the retiring age with a qualifying period of service of 37 years of whole-time service.
(6)The qualifying period of pensionable service in a case where the pension for the part-time service becomes payable after the commencement of this Schedule does not include a year, or part of a year, in which the amount received by the member in respect of stipendiary ecclesiastical service is less than such amount as the Board determines with the agreement of the Church Commissioners.
5(1)This paragraph applies in the case of a member of the past service scheme who retires, or has already retired, before reaching the retiring age on grounds of having become incapable through infirmity of performing the duties of his or her office.
(2)If the member retired before 1 January 1998, the rate of pension is the rate to which the member would have been entitled if he or she—
(a)had continued until reaching the retiring age to perform pensionable service of the kind he or she was performing immediately before retiring, and
(b)had retired on reaching the retiring age.
(3)Otherwise, the rate of pension is the rate, and (if the member retires after the commencement of this Schedule) the amount of the lump sum payment is the amount, to which the member would have been entitled if he or she had retired on reaching the retiring age.
6(1)This paragraph applies in the case of a member of the past service scheme—
(a)who ceases, or has already ceased, to perform pensionable service before reaching the retiring age and without becoming entitled to receive a pension under the scheme, and
(b)who, after ceasing to do so but before reaching the retiring age, satisfies the Board that he or she has, or satisfied it that he or she had, become incapable through infirmity of performing pensionable service.
(2)The rate of pension is the rate, and (if the member ceases to perform pensionable service after the commencement of this Schedule) the amount of the lump sum payment is the amount, to which the member would have been entitled if he or she had reached the retiring age on the day on which he or she ceased to perform pensionable service.
7(1)This paragraph applies in the case of a member of the past service scheme who retired before the commencement of this Schedule and before reaching the retiring age, otherwise than on grounds of infirmity but no more than 10 years before he or she would have reached the retiring age.
(2)The rate of pension is the rate calculated by—
(a)taking the rate of pension to which the member would have been entitled under Part 1 of Schedule 1 to the Church of England Pensions Regulations 1988 if he or she had reached the retiring age on the date on which the pension becomes payable, and
(b)deducting from that the amount which the Board had determined under paragraph 7(b) of that Schedule.
8(1)This paragraph applies in the case of a member of the past service scheme who retires after the commencement of this Schedule and before reaching the retiring age, otherwise than on grounds of infirmity but no more than 10 years before he or she would have reached the retiring age.
(2)The rate of pension is calculated by—
(a)working out the rate of pension to which the member would have been entitled under Part 1 of this Schedule if he or she had reached the retiring age on the date on which the pension becomes payable, and
(b)deducting from that such amount as the Board determines with the agreement of the Church Commissioners.
(3)If the member is entitled to a lump sum payment, the amount is calculated by—
(a)working out the amount of the lump sum payment to which the member would have been entitled under Part 1 of this Schedule if he or she had reached the retiring age on the date on which he or she retired, and
(b)deducting from that such amount as the Board determines with the agreement of the Church Commissioners.
(4)Before making a determination under sub-paragraph (2)(b) or (3)(b), the Board must obtain the advice of an actuary.
9(1)A member of the past service scheme who becomes entitled to a lump sum payment under section 15 after the commencement of this Schedule may, with the agreement of the Board, give up pension under the scheme for an additional lump sum payment.
(2)It is up to the member to choose the amount of an additional lump sum payment under this paragraph; but the amount must not exceed that which, when aggregated with the amount of the member’s lump sum payment under section 15, is the maximum amount permitted as a pension commencement lump sum.
(3)Accordingly, a member may not exercise the power under this paragraph if the amount of the member’s lump sum payment under section 15 is equal to the maximum amount permitted as a pension commencement lump sum.
(4)A lump sum payment under this paragraph is payable when the member’s pension under the past service scheme becomes payable.
(5)The Board may impose restrictions on a member’s exercise of the entitlement under this paragraph.
(6)The basis for converting pension to a lump sum payment under this paragraph is to be determined by the Board on the advice of an actuary.
(7)“Pension commencement lump sum” has the meaning given in Part 4 of the Finance Act 2004.
Section 58
1In section 10 of the Church Commissioners Measure 1947 (finance), in subsection (6) (use of general fund), for “section 7 of the Pensions Measure 1997 (which relates to the use of capital funds)” substitute “sections 31(4) and 39(6) (which relate to the use of capital funds)”.
2The Incumbents (Vacation of Benefices) Measure 1977 is amended as follows.
3In section 13 (compensation), omit subsection (3).
4(1)Section 14 (pension provision where incumbent unable to perform duties) is amended as follows.
(2)In subsection (1), for the words from “the Church of England (Pensions) Measures” to “1972” substitute “the Church of England Pensions Measure 2018”.
(3)In subsection (2), for “the said Measures and regulations” substitute “the Church of England Pensions Measure 2018”.
5(1)Schedule 2 (compensation) is amended as follows.
(2)In paragraph 2 (payment of basic award), in sub-paragraph (1)(a)(i), for the words from “within the meaning” to “rules)”” substitute “to which the funded scheme applies”.
(3)In sub-paragraph (2) of that paragraph—
(a)in paragraph (b), for “the pensions regulations or the Funded Scheme rules” substitute “the past service scheme or the funded scheme”, and
(b)in paragraph (c), for “within the meaning of the Funded Scheme rules” substitute “to which the funded scheme applies”.
(4)In paragraph 7 (liability of diocesan board of finance), for “section 4 of the Pensions Measure 1997” substitute “Part 2 of the Church of England Pensions Measure 2018”.
(5)In paragraph 8(1) (interpretation)—
(a)at the appropriate place insert each of the following—
““funded scheme” has the same meaning as in the Church of England Pensions Measure 2018;”;
““past service scheme” has the same meaning as in the Church of England Pensions Measure 2018;”,
(b)omit the definition of “the Funded Scheme Rules”,
(c)omit the definition of “pensions regulations”,
(d)in the definition of “retiring age”, for “the Funded Scheme rules” substitute “the Church of England Pensions Measure 2018”, and
(e)in the definition of “stipendiary ecclesiastical service”, for “the pensions regulations” substitute “the Church of England Pensions Measure 2018”.
6In Schedule 4 to the Mission and Pastoral Measure 2011 (compensation of office-holders), in paragraph 3(1)(b) (amount of compensation), for “section 4(1) of the Pensions Measure 1997” substitute “section 9(2) of the Church of England Pensions Measure 2018”.
7In section 11 of the Church of England (Miscellaneous Provisions) Measure 2018 (statutory bodies: execution of documents), in the Table in subsection (7), in the second column of the entry for the Board, for “Section 21(13A) or (13B) of the Clergy Pensions Measure 1961” substitute “In Schedule 1 to the Church of England Pensions Measure 2018, paragraph 11(3) or (4).”
Section 59
1The repeal and re-enactment of provisions by this Measure does not affect the continuity of the law.
2A reference, express or implied, in this Measure, another enactment or an instrument or document, to a provision of this Measure is, subject to its context, to be read as being or including a reference to the corresponding provision repealed by this Measure, in relation to times, circumstances or purposes in relation to which the repealed provision had effect.
3A reference, express or implied, in an enactment, instrument or document to a provision repealed by this Measure is, subject to its context, to be read as being or including a reference to the corresponding provision of this Measure, in relation to times, circumstances or purposes in relation to which that provision has effect.
4(1)Anything done, or having effect as if done, under (or for the purposes of or in reliance on) a provision repealed and re-enacted by this Measure, and in force or effective immediately before the commencement of the corresponding provision of this Measure, has effect after that commencement as if done under (or for the purposes of or in reliance on) that corresponding provision.
(2)The reference in sub-paragraph (1) to things done does not include a reference to the rules and regulations made under a provision repealed by this Measure.
5The generality of paragraphs 1 to 4 is not affected by any other provision of this Measure which itself provides for a specified thing done under a provision repealed and re-enacted by this Measure to be treated as if done under the corresponding provision of this Measure.
6Paragraphs 1 to 4 have effect in place of section 17(2) of the Interpretation Act 1978; but nothing in this Schedule affects any other provision of that Act.
7The repeals made by this Measure do not affect the operation of a transitional provision or saving relating to the commencement of a provision reproduced in this Measure so far as the transitional provision or saving is not specifically reproduced in this Measure but remains capable of having effect in relation to the corresponding provision of this Measure or otherwise.
8(1)The repeal by this Measure of a provision previously repealed subject to savings does not affect the continued operation of those savings.
(2)The repeal by this Measure of a saving on the previous repeal of a provision does not affect the operation of the saving in so far as it is not specifically reproduced in this Measure but remains capable of having effect.
9A reference to a provision repealed by this Measure which is contained in a document made, served, granted or issued after the commencement of the repeal is, subject to its context, to be read as being or including a reference to the corresponding provision of this Measure.
10In this Schedule, a reference to a repeal includes a reference to a revocation.
Section 60