Social Security Pensions Act 1975

66 Interpretation. E+W+S

(1) In this Act—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

• [F2 “the Administration Act” means the Social Security Administration Act 1992;]

• [F3 “average salary benefits” means benefits the rate or amount of which is calculated by reference to a member’s average salary over the period of service on which the benefits are based;]

• [F2 “the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;]

• “guaranteed minimum pension” has the meaning given in section 26 above;

• “linked qualifying service” shall be construed in accordance with [F4 section 43(2A) and (2B)] above;

• “long-term benefit” means a Category A or Category B retirement pension, a widowed mother’s allowance, a widow’s pension or an invalidity pension;

• [F3 “minimum payments” shall be construed in accordance with section 30 above;

• “money purchase benefits” in relation to an occupational pension scheme, means benefits the rate or amount of which is calculated by reference to a payment or payments made by a member of the scheme or by any other person in respect of a member, other than average salary benefits;

• “money purchase contracted-out scheme” means an occupational pension scheme which is contracted-out by virtue of satisfying section 32(2A) above;]

• “normal pension age”, in relation to a member of an occupational pension scheme, means the earliest age at which that member can become entitled to receive a pension under the scheme apart from any special provision as to early retirement on grounds of ill-health or otherwise;

• “occupational pension scheme” means any scheme or arrangement which is comprised in one or more instruments or agreements and which has, or is capable of having, effect in relation to one or more descriptions or categories of employments so as to provide benefits, in the form of pensions or otherwise, payable on termination of service, or on death or retirement, to or in respect of earners with qualifying service in an employment of any such description or category;

• [F5 “personal pension scheme” has the meaning assigned to it by section 84(1) of the Social Security Act 1986;]

• “the principal Act” means the M1 Social Security Act 1975;

• [F6 “protected rights” has the meaning given by Schedule 1 to the Social Security Act 1986 with the substitution made by section 32(2B) above.]

• “public service pension scheme” means an occupational pension scheme established by or under an enactment or the Royal prerogative or a Royal charter, being a scheme—

  (a)

  all the particulars of which are set out in, or in a legislative instrument made under, an enactment, Royal warrant or charter; or

  (b)

  which cannot come into force, or be amended, without the scheme or amendment being approved by a Minister of the Crown or government department,

  and includes [F7 any occupational pension scheme established, with the concurrence of the Minister for the Civil Service, by or with the approval of another Minister of the Crown and] any occupational pension scheme prescribed by regulations made by the Secretary of State and the Minister for the Civil Service jointly as being a scheme which ought in their opinion to be treated as a public service pension scheme for the purposes of this Act;

• “qualifying earnings factor” has the meaning given in section 5(3) above;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

• “resources”, in relation to an occupational pension scheme, means the funds out of which the benefits provided by the scheme . . . F9 are payable from time to time, including the proceeds of any policy of insurance taken out, or annuity contract entered into, for the purposes of the scheme;

• [F10 “transfer credits” means rights allowed to an earner under the rules of an occupational pension scheme by reference to a transfer to that scheme of his accrued rights from another scheme.]

(2) Except as respects commencement and extent, and subject to sections 61 and 62 above, this Act and the principal Act shall have effect as if the provisions of this Act other than [F11 sections 59 and 59A] were contained in that Act; and for that purpose—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12 sections 27 and 28 of this Act shall be treated as included in Part I of that Act (contributions); and

(b) Part II . . . F12 and [F13 sections 29 and 29C] of this Act shall be treated as included in Chapter I of Part II of that Act (contributory benefits).

(3) References in Parts III and IV of this Act to employers are to be treated, in relation to persons within the application of an occupational pension scheme and qualifying or prospectively qualifying for its benefits, as including references to persons who in relation to them and their employment are treated by regulations as being employers for the purposes of those Parts of this Act; and, subject to any such regulations, references in those Parts to an employer shall, in relation to an earner employed in an office with emoluments, be construed as references to—

(a) such person as may be prescribed in relation to that office; or

(b) if no person is prescribed, the government department, public authority or body of persons responsible for paying the emoluments of that office.

(4) Regulations may, for any purpose of Parts III and IV of this Act, prescribe the persons who are to be regarded as members or prospective members of an occupational pension scheme and as to the times at which and the circumstances in which a person is to be treated as becoming, or as ceasing to be, a member or prospective member.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

(6) Except where the context otherwise requires, references in this Act to any Part of it include references to any Schedule having effect by virtue of any provision in that Part.

(7) Any reference in this Act to another enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any other enactment, including an enactment contained in this Act.

Textual Amendments

F1 Definition repealed by Social Security Act 1985 (c. 53), Sch. 6

F2 Definition inserted (with effect from 1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), Sch. 2, para. 40(1)

F3 Definition inserted (with effect from 6.4.1988) by Social Security Act 1986 (c. 50), Sch. 2, para. 11

F4 Words substituted (with effect from 1.10.1989) by Social Security Act 1989 (c. 24), Sch. 6, para. 9(3)

F5 Definition inserted (with effect from 1.5.1987) by Social Security Act 1986 (c. 50), Sch. 10, para. 28

F6 Definition inserted (with effect from 6.4.1988) by Social Security Act 1986 (c. 50), Sch. 2, para. 11

F7 Words inserted by Social Security Act 1980 (c. 30), s. 4(1)

F8 Definition repealed by Social Security Act 1986 (c. 50), Sch. 11

F9 Words repealed by Social Security Act 1986 (c. 50), Sch. 11

F10 Definition substituted by Health and Social Security Act 1984 (c. 48), Sch. 7, para. 5(b)

F11 Words substituted by Social Security Act 1979 (c. 18), Sch. 3 para. 22

F12 Ss. 1–10, 12–16A, 18–21, 23–25, 51A(13), 60(1)(a), words in s. 60A, s. 62(1) and (3), words in s. 64(2), s. 65(4), words in s. 66(2)(a) and (b); Sch. 1; Sch. 4, paras. 35–46, 49, 50, 53–64, 66, 67 repealed (1.7.1992) on consolidation by Social Security (Consequential Provisions) Act 1992 (c. 6)

F13 Words substituted (with effect from 1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), Sch. 2, para. 40(2)

F14 S. 66(5) repealed by Social Security Act 1985 (c. 53), Sch. 6

Marginal Citations

M1 1975 c. 14.