SCHEDULES
SCHEDULE 6Parliamentary and other pensions
Part 1Parliamentary and other pensions
Supplementary provision
19Protection of accrued rights
1
This paragraph applies where—
a
the IPSA makes a scheme under paragraph 12, or
b
the Minister for the Civil Service makes a scheme under paragraph 16,
(the “new scheme”).
2
The new scheme must not make any provision in relation to an accrued right which puts (or might put) a person in a worse position than the person would have been in apart from the provision.
3
Sub-paragraph (2) does not apply if—
a
the trustees of the Fund consent to the new scheme making the provision, and
b
the person making the new scheme is satisfied that the consent requirement is met.
4
The consent requirement is met if under the new scheme the provision has effect in relation to an accrued right only with the written consent, given in accordance with sub-paragraph (5), of—
a
the person (“P”) in respect of whose service the right has accrued, or
b
if P is dead, the persons (“the survivors”) who because of the accrued right are entitled, or may become entitled, to a pension or the benefit of any pension.
5
Consent is given in accordance with this sub-paragraph if it is given after the person making the scheme has given P (or the survivors)—
a
information in writing which adequately explains the nature of the provision and its effect,
b
notice in writing that they may make representations about the provision,
c
an adequate opportunity to make such representations, and
d
notice in writing that the provision has effect in relation to the accrued right only with their written consent.
6
Consent may be given by a person acting on behalf of P (or the survivors); and the references in sub-paragraph (5) to P (or the survivors) include a person acting on their behalf.
7
In sub-paragraph (4)(a) “service” means—
a
where the new scheme is a scheme under paragraph 12, service as a member of the House of Commons, and
b
where the new scheme is a scheme under paragraph 16, service to which that paragraph applies.