The Clergy Pensions (Amendment) Regulations 1988

“Power of Board to establish additional pensions scheme for clerks.38A.

(1)

The Board shall have power to establish, administer or participate with others in the administration of a pensions scheme for the benefit of clerks and their widows, widowers and dependants and may, in conjunction with the exercise of those powers, acquire and hold property, whether real or personal, either alone or jointly with others.

(2)

The scheme established under this section shall be supplementary to the principal scheme and nothing in the scheme so established shall be taken as affecting any provisions of the principal scheme.

(3)

The Commissioners shall have power to make out of their general fund payments of such amounts as are required by the scheme established under this section to be paid by the employer of a clerk.”

““the principal scheme” means the provisions relating to pensions for clerks, deaconesses and licensed lay workers contained in regulations made under section 6 of the Clergy Pensions (Amendment) Measure 1972 and rules made under section 3 of the Clergy Pensions (Amendment) Measure 19673, and known as the Church of England Pensions Scheme;”.

“(3)

For the purposes of any rules made under this section a scheme member who—

(a)

before attaining the retiring age ceases to perform pensionable service, and

(b)

on the date on which he attains that age is neither performing such service nor in receipt of a pension in respect of such service,

shall be deemed to have retired on that date.

(4)

A clerk who—

(a)

is deposed from Holy Orders, or

(b)

executes a deed of relinquishment under the Clerical Disabilities Act 18704,

is still a clerk for the purposes of any rules made under this section; and if at the date on which the clerk is so deposed or on which the deed is recorded in the diocesan registry under section 4 or 5 of that Act the clerk has attained the retiring age he shall be deemed to have retired on that date, and if at that date he has not attained the retiring age he shall be deemed to have retired on the date on which he attains that age.”