Clergy Pensions Measure 1961

Financial Provisions E

17 Payments out of general fund of Commissioners. E

[F1 (1) Subject to section 7 of the Pensions Measure 1997 (which relates to the use of capital funds), all payments to be made by the Commissioners under subsection (2) below shall be made out of their general fund.

(2) The Commissioners shall pay to the Board such sums as are required by the Board for the payments to be made by them under the past service scheme.]

(3) The Commissioners shall have power to make from time to time to the Board grants out of their general fund [F2 or loans] of such amounts as they may think expedient [F2 and, in the case of any loan, on such terms as they think fit] for any purpose connected with the payment of pensions to [F3 retired scheme members or to the widows, widowers[F4 , surviving civil partners] and dependants of deceased scheme members][F2 or with the powers of the Board under section 26 of this Measure].

Textual Amendments

F1 S. 17(1)(2) substituted (1.1.1998) by 1997 No. 1, s. 10(1), Sch. 1 Pt. I para. 5; Instrument dated 28.11.1997 made by Archbishops of Canterbury and York

F2 Words inserted by Clergy Pensions (Amendment) Measure 1982 (No. 2, SIF 21:5), s. 1

F3 Words substituted by Church of England (Pensions) Measure 1988 (No. 4, SIF 21:5), ss. 10(3), 11(c)

F4 Words in s. 17(3) inserted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), arts. 1(1), 81(1)

18 Clergy (Widows and Dependants) Pensions Fund. E

(1) The Board shall continue to administer the Clergy (Widows and Dependants) Pensions Fund established under the M1 Clergy Pensions Measure 1954.

[F5 (2) The Board shall pay out of the said Fund all payments required to be made by them in respect of contributions or other sums received by them under section 11, 13, 14 or 15 of this Measure.]

(3) If at any time it appears to the Board, after the valuation provided for by subsection (4) of section thirty-four of this Measure, that the Clergy (Widows and Dependants) Pensions Fund is more than sufficient to discharge the liabilities imposed on them by [F6 in respect of contributions or other sums received by them under section 11, 13, 14 or 15 of this Measure], the Board may direct, . . . F7 , that the surplus or any part thereof be applied [F8 for the increase of pensions or capital sums payable in respect of those contributions or other sums].

[F9 (4) This section is subject to section 18A.]

Textual Amendments

F5 S. 18(2) substituted by Church of England (Pensions) Measure 1988 (No. 4, SIF 21:5), ss. 10(3), 18(1), Sch. 2 para. 7(a)

F6 Words substituted by Church of England (Pensions) Measure 1988 (No. 4, SIF 21:5), ss. 10(3), 18(1), Sch. 2 para. 7(b)

F7 Words repealed by Church of England (Legal Aid and Miscellaneous Provisions) Measure 1988 (No. 1, SIF 21:1), s. 12(a)

F8 Words substituted by Church of England (Pensions) Measure 1988 (No. 4, SIF 21:5), ss. 10(3), 18(1), Sch. 2 para. 7(b)

F9 S. 18(4) inserted (coming into force in accordance with art. 2 of the commencing S.I.) by Pensions (Pre-consolidation) Measure 2018 (No. 2), s. 2(3), Sch. para. 2(2); S.I. 2018/716, art. 2

Marginal Citations

M1 1954 No. 4.

[F10 18A Clergy (Widows and Dependants) Pensions Fund: power to transfer E

(1) The Board may transfer to the funded scheme the sum for the time being standing to the credit of the Clergy (Widows and Dependants) Pensions Fund.

(2) The power under subsection (1) is exercisable by deed.

(3) A deed executed in exercise of that power shall provide for the making of all payments that the Board would, but for the exercise of the power, be required to make under section 18(2), by requiring the Board—

(a) to make the payments out of the funded scheme, or

(b) to make arrangements for securing that alternative provision is in place for the payments to be made.]

Textual Amendments

F10 S. 18A inserted (coming into force in accordance with art. 2 of the commencing S.I.) by Pensions (Pre-consolidation) Measure 2018 (No. 2), s. 2(3), Sch. para. 2(1); S.I. 2018/716, art. 2

F11 19 Clergy Pensions Augmentation Fund. E

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Textual Amendments

F11 S. 19 repealed (1.5.2003) by Church of England (Pensions) Measure 2003 (No. 2), ss. 6, 7(2), Schs.; S.I. 2003/1, Instrument made by Archbishops

F12 20 Clergy (Widows and Dependants) Pensions Augmentation Fund. E

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Textual Amendments

F12 S. 20 repealed (1.5.2003) by Church of England (Pensions) Measure 2003 (No. 2), ss. 6, 7(2), Schs.; S.I. 2003/1, Instrument made by Archbishops