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SCHEDULE 8REVOCATIONS, MODIFICATIONS, SAVINGS AND TRANSITIONAL PROVISIONS

PART IIModifications to the European Parliament (United Kingdom Representatives) Pensions Order 1980

Interpretation

1.  In this Part, “the 1980 Order” means the European Parliament (United Kingdom Representatives) Pensions Order 1980(1).

Contributions

2.  In article 4 of the 1980 Order, after paragraph (2), with effect from 2nd April 1991, there shall be inserted,

(3) Where on or after 2nd April 1991 a person’s aggregate period of reckonable service exceeds that which would give rise to the maximum pension allowed in respect of that person under article 6(1A) below, no deduction shall be made from his salary under this article.

Early abated pensions

3  Paragraphs 4, 5 and 6 below shall have effect from 2nd April 1991 in respect of persons who have actual reckonable service on or after that date.

4.  After Article 8A of the 1980 Order there shall be inserted the following article:

Early pensions

8B.(1) Where on or after 2nd April 1991 a person who—

(a)is a Representative and ceases to be a Representative;

(b)has attained the age of fifty years; and

(c)has actual reckonable service of not less than fifteen years (hereinafter referred to in respect of a person as his “qualifying period”),

applies in writing to the Managers for an immediate pension under this article, then, if the Managers are satisfied that he does not intend to stand for re-election to the European Parliament, he shall be entitled to receive a pension under this article as if he had attained the age of sixty-five years on the date of his application or, if later, such other date as may be there specified; but the annual amount of the pension to which he is entitled both before and after he attains the age of sixty-five years, shall (subject to article 7) be an amount calculated in accordance with Schedule 7.

(2) For the purposes of paragraph (1)(c) above, service of a person as a Member of the House of Commons, whether rendered before, on or after 2nd April 1991, may count towards his qualifying period to the extent that it is not concurrent with service as a Representative.

5.  For Schedule 7 to the 1980 Order there shall be substituted Schedule 4 to this Order, with the following modifications—

(a)for the references to article 10, there shall be substituted references to article 8B; and

(b)for the reference to article 7(9), there shall be substituted a reference to article 6(6).

6.  In article 10(8)(b) of the 1980 Order there shall be substituted for the words “article 7(2), 8(3) or 8A(2)” the words “article 7(2), 8(3), 8A(2) or 8B”.

Ill-health pensions

7.  In the 1980 Order, with effect from 1st April 1992, in respect of persons with actual reckonable service on or after that date—

(a)in article 9(4)(2), for the words “subject to paragraphs (5) and (6)” to the end, there shall be substituted—

(b)article 9(6) shall be deleted.

Widows', widowers' and children’s pensions

8.—(1) The modifications in paragraphs (2) and (3) below shall apply, with effect from 2nd April 1991, in relation to a pension payable in respect of a deceased Representative who died on or after 6th April 1988.

(2) In article 10(2) of the 1980 Order (amount of widows' pensions) there shall be substituted for the words “one-half” the words “five-eighths”.

(3) In article 12(2) of the 1980 Order (amount of children’s pensions) there shall be substituted for the words from “a sum equal to one quarter” to the end of the sentence the words—

(a)a sum equal to one-quarter of the basic or prospective pension of the deceased if there is one child or, if there is more than one, a sum equal to three-sixteenths of the basic or prospective pension of the deceased for each relevant child not exceeding two; or

(b)if the widow or widower is dead and subject to sub-paragraph (3) below, a sum equal to five-sixteenths of the basic or prospective pension of the deceased for each relevant child not exceeding two..

Death gratuity

9.  In article 15(5)(a) of the 1980 Order, with effect from 6th April 1988 in respect of persons with reckonable service on or after that date, there shall be substituted for the words “the amount of his pensionable salary” the words “the amount equal to twice his pensionable salary”.

Five year guarantee

10.  Articles 17(2) and 18 of and Schedule 6 to this Order shall apply in respect of a deceased Representative—

(a)whose actual reckonable service includes service at any time on or after 1st April 1992 but not after this Order comes into force; and

(b)who was entitled to receive a pension under the scheme at the time of his death,

as if the 1980 Order had been amended by the inclusion of the said provisions with effect from 1st April 1992.

(1)

S.I. 1980/1450.

(2)

Article 9(4) was amended by article 8 of S.I. 1985/1116.