Part IV

Pension sharing
Chapter I

Sharing of rights under pension arrangements

Indexation

Public service pension schemes.
39
1
The Pensions (Increase) Act 1971 shall be amended as follows.
2
In section 3 (qualifying conditions), after subsection (2) there shall be inserted—
2A
A pension attributable to the pensioner having become entitled to a pension credit shall not be increased unless the pensioner has attained the age of fifty-five years.
3
In section 8, in subsection (1) (definition of “pension”), in paragraph (a), the words from “(either” to “person)” shall be omitted.
4
In that section, in subsection (2) (when pension deemed for purposes of the Act to begin), after “pension”, in the first place, there shall be inserted “ which is not attributable to a pension credit ”, and after that subsection there shall be inserted—
2A
A pension which is attributable to a pension credit shall be deemed for purposes of this Act to begin on the day on which the order or provision on which the credit depends takes effect.
5
In section 17(1) (interpretation)—
a
for the definitions of “derivative pension” and “principal pension” there shall be substituted—
“derivative pension” means a pension which—
a
is not payable in respect of the pensioner’s own services, and
b
is not attributable to the pensioner having become entitled to a pension credit;
,
b
after the definition of “pension” there shall be inserted—
“pension credit” means a credit under section 29(1)(b) of the Welfare Reform and Pensions Act 1999 or under corresponding Northern Ireland legislation;
“principal pension” means a pension which—
a
is payable in respect of the pensioner’s own services, or
b
is attributable to the pensioner having become entitled to a pension credit;
, and
c
for the definition of “widow’s pension” there shall be substituted—
“widow’s pension” means a pension payable—
a
in respect of the services of the pensioner’s deceased husband, or
b
by virtue of the pensioner’s deceased husband having become entitled to a pension credit.
S. 39 wholly in force at 1.12.2000; s. 39 in force for certain purposes at Royal Assent see s. 89(1); s. 39 in force at 1.12.2000 insofar as not already in force by S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV
1971 c. 56.
Pts. I-IV: power to modify conferred (26.11.2008) by Pensions Act 2008 (c. 30), ss. 146(2)(c), 149(2)
Pt. IV Ch. I power to apply (with modifications) conferred (1.1.2006) by Pensions Act 2004 (c. 35), ss. 220(2), 322(1) (with s. 313); S.I. 2005/3331, art. 2(3), Sch. Pt. 3
Pts. I-IV: power to modify conferred (6.4.2006) by Pensions Act 2004 (c. 35), ss. 321(1)(d), 322(1); S.I. 2006/560, art. 2(3), Sch. Pt. 3
Pts. I-IV modified (6.4.2006) by Pensions Act 2004 (c. 35), ss. 254(3)(c), 322(1) (with s. 313); S.I. 2006/560, art. 2(3), Sch. Pt. 3
Pt. IV Ch. I modified (1.8.2006) by The Pension Protection Fund (Pension Sharing) Regulations 2006 (S.I. 2006/1690), regs. 1(1), 2