12C In this Rule 12C the expression “non–participating employment” has the same meaning as in the National Insurance Act 1965(1).
A Member shall be absolutely and indefeasibly entitled to State Graduated Retirement Benefits if the Member has been in non–participating employment in relation to any other scheme for the provision of relevant benefits (as defined in Chapter I of Part XIV of the Taxes Act) and which is seeking Revenue Approval from which the liability for the payment to the Member of State Graduated Retirement Benefits and any other pension benefits to which he is entitled under the Scheme apart from a GMP shall be mutually inclusive.
A Member’s State Graduated Retirement Benefits shall not be capable of surrender and any option in respect of a Member’s pension shall be restricted in order to ensure that this requirement is satisfied.
If a Member who is prospectively entitled to State Graduated Retirement Benefits under the Section becomes entitled to a refund of the whole or part of any contributions paid by him during any period of non–participating employment, the Trustee shall be entitled to deduct from such refund such sum as it shall consider appropriate within the limits permissible in terms of the National Insurance Act 1965.
If a person to whom this Rule applies dies leaving a spouse, the spouse’s weekly pension shall be subject to a minimum of half the guaranteed minimum.