The Parliamentary Pensions (Amendment) (No 2) Regulations 2009

Interpretation

2.—(1) Paragraph (1) of regulation A2 of the Principal Regulations is amended as follows.

(2) After the definition of “basic or prospective pension or pensions” insert—

““Category 1 contributor” means—

(a)

in respect of any period beginning on or after 5th July 2001 and ending before 15th July 2002—

(i)

a participating Member who is a Member of the House of Commons on 15th July 2002; or

(ii)

a participating office holder who is an office holder on 15th July 2002,

who opts, before 1st January 2003, to contribute to the Fund on or after 5th July 2001 at a rate of 9 per cent;

(b)

in respect of any period beginning on or after 15th July 2002 and ending before 1st April 2008—

(i)

a participating Member; or

(ii)

a participating office holder,

who does not opt, before 1st January 2010, to contribute to the Fund at a reduced rate;

(c)

in respect of any period beginning on or after 1st April 2008 and ending before 1st April 2009—

(i)

a participating Member who—

(aa)

does not opt, before 1st January 2010, to contribute to the Fund at a reduced rate and, on or after that date, either does not exercise the option to select a membership category in regulation D1(3A) or exercises that option with effect from a date on or after 1st April 2009; or

(bb)

exercises the option to select a membership category in regulation D1(3A)(a) and whose qualifying notice specifies that the Member wishes to contribute to the Fund as a Category 1 contributor with effect on and from the later of 1st April 2008 or the date of the participating Member’s election or re-election to the House of Commons; or

(ii)

a participating office holder who—

(aa)

does not opt, before 1st January 2010, to contribute to the Fund at a reduced rate and, on or after that date, either does not exercise the option to select a membership category in regulation D2(3A) or exercises that option with effect from a date on or after 1st April 2009; or

(bb)

exercises the option to select a membership category in regulation D2(3A)(a) and whose qualifying notice specifies that the office holder wishes to contribute to the Fund as a Category 1 contributor with effect on and from the later of 1st April 2008 or the date of the participating office holder’s current appointment as an office holder; and

(d)

in respect of any period beginning on or after 1st April 2009—

(i)

a participating Member who—

(aa)

does not opt, before 1st January 2010, to contribute to the Fund at a reduced rate, or on or after that date does not exercise the option to select a membership category in regulation D1(3A); or

(bb)

exercises the option to select a membership category in regulation D1(3A) and whose qualifying notice specifies that the Member wishes to contribute to the Fund as a Category 1 contributor; or

(ii)

a participating office holder who—

(aa)

does not opt, before 1st January 2010, to contribute to the Fund at a reduced rate, or on or after that date does not exercise the option to select a membership category in regulation D2(3A); or

(bb)

exercises the option to select a membership category in regulation D2(3A) and whose qualifying notice specifies that the office holder wishes to contribute to the Fund as a Category 1 contributor;

“Category 2 contributor” means—

(a)

in respect of any period beginning on or after 5th July 2001 and ending before 15th July 2002—

(i)

a participating Member; or

(ii)

a participating office holder,

who does not opt, before 1st January 2003, to contribute to the Fund on or after 5th July 2001 at a rate of 9 per cent;

(b)

in respect of any period beginning on or after 15th July 2002 and ending before 1st April 2008—

(i)

a participating Member; or

(ii)

a participating office holder,

who opts, before 1st January 2010, to contribute to the Fund at a reduced rate;

(c)

in respect of any period beginning on or after 1st April 2008 and ending before 1st April 2009—

(i)

a participating Member who—

(aa)

opts, before 1st January 2010, to contribute to the Fund at a reduced rate and either has not subsequently exercised the option to select a membership category in regulation D1(3A) or has subsequently exercised that option with effect from a date on or after 1st April 2009; or

(bb)

exercises the option to select a membership category in regulation D1(3A)(a) and whose qualifying notice specifies that the Member wishes to contribute to the Fund as a Category 2 contributor with effect on and from the later of 1st April 2008 or the date of the participating Member’s election or re-election to the House of Commons; or

(ii)

a participating office holder who—

(aa)

opts, before 1st January 2010, to contribute to the Fund at a reduced rate and either has not subsequently exercised the option to select a membership category in regulation D2(3A) or has subsequently exercised that option with effect from a date on or after 1st April 2009; or

(bb)

exercises the option to select a membership category in regulation D2(3A)(a) and whose qualifying notice specifies that the office holder wishes to contribute to the Fund as a Category 2 contributor with effect on and from the later of 1st April 2008 or the date of the participating office holder’s current appointment as an office holder; and

(d)

in respect of any period beginning on or after 1st April 2009—

(i)

a participating Member who—

(aa)

opts, before 1st January 2010, to contribute to the Fund at a reduced rate and has not subsequently exercised the option to select a membership category in regulation D1(3A); or

(bb)

exercises the option to select a membership category in regulation D1(3A) and whose qualifying notice specifies that the Member wishes to contribute to the fund as a Category 2 contributor; or

(ii)

a participating office holder who—

(aa)

opts, before 1st January 2010, to contribute to the Fund at a reduced rate and has not subsequently exercised the option to select a membership category in regulation D2(3A); or

(bb)

exercises the option to select a membership category in regulation D2(3A) and whose qualifying notice specifies that the office holder wishes to contribute to the Fund as a Category 2 contributor;

“Category 3 contributor” means—

(a)

in respect of any period beginning on or after 1st April 2008 and ending before 1st April 2009—

(i)

a participating Member—

(aa)

who exercises the option in regulation D1(3A)(a) to select a membership category; and

(bb)

whose qualifying notice specifies that the Member wishes to contribute to the Fund as a Category 3 contributor with effect on and from the later of 1st April 2008 or the date of the participating Member’s election or re-election to the House of Commons; or

(ii)

a participating office holder—

(aa)

who exercises the option in regulation D2(3A)(a) to select a membership category; and

(bb)

whose qualifying notice specifies that the office holder wishes to contribute to the Fund as a Category 3 contributor with effect on and from the later of 1st April 2008 or the date of the participating office holder’s current appointment as an office holder; and

(b)

in respect of any period beginning on or after 1st April 2009—

(i)

a participating Member who exercises the option to select a membership category in regulation D1(3A) and whose qualifying notice specifies that the Member wishes to contribute to the Fund as a Category 3 contributor; or

(ii)

a participating office holder who exercises the option to select a membership category in regulation D2(3A) and whose qualifying notice specifies that the office holder wishes to contribute to the Fund as a Category 3 contributor;”.

(3) In the definition of “participant” for “making contributions to the Fund; and may be either” substitute “who is”.

(4) For the definition of “participating Member”(1) substitute—

““participating Member” means a person—

(a)

making contributions to the Fund deducted from his salary as a Member of the House of Commons under regulation D1;

(b)

who is excused from making such contributions because his aggregate period of reckonable service exceeds that which would give rise to the maximum pension allowed in respect of him under the principal scheme; or

(c)

who is excused from making such contributions because regulation D1(3G)(b) applies;”.

(5) For the definition of “participating office holder” substitute—

““participating office holder” means a person—

(a)

making contributions to the Fund deducted from his salary as an office holder; or

(b)

who is excused from making such contributions because regulation D2(3H)(b) applies;”.

(1)

The definition of “participating Member” was amended by S.I. 2004/2416.