Church of England Pensions Measure 2018

19 Suspension or reduction of pension in light of medical evidence etc. E

(1) This section applies if a member of the past service scheme fails to comply—

(a) with a requirement imposed by virtue of section 18(2), or

(b) in the case of a decision of the Board made before the commencement of this section under regulation 7(1) of the Church of England Pensions Regulations 1988, with a requirement imposed by virtue of regulation 7(2) of those Regulations.

(2) This section also applies if the Board is satisfied, after considering further medical evidence, that a member of the past service scheme—

(a) has become capable of performing pensionable service, or

(b) is engaged, or is capable of being engaged, in other remunerated work.

(3) The Board may suspend or reduce the member's pension under the scheme.

(4) Where the Board decides to suspend or reduce a member's pension under this section, the member may appeal against the decision.

(5) An appeal under subsection (4) is to be made to a panel of two or more referees appointed by the Board as suitable persons to consider the appeal; and the decision of the panel is final.

(6) Where a member's pension is suspended or reduced in a case within subsection (2)(a) and the member subsequently retires, payment of the pension resumes—

(a) on the date of the subsequent retirement, and

(b) at the rate the Board determines, having regard to any additional period of pensionable service performed.

(7) Where a member's pension is suspended or reduced in a case within subsection (2)(b) and the member ceases to be engaged in remunerated work, payment of the pension resumes—

(a) on the date on which the member ceases to be so engaged, and

(b) at the rate the Board determines.

(8) Where a member's pension is suspended or reduced in a case within subsection (2)(b) and the Board is satisfied on further medical evidence that the member is incapable of being engaged in remunerated work, payment of the pension resumes—

(a) on the date on which the Board becomes satisfied of that, and

(b) at the rate the Board determines.

(9) The rate determined under subsections (6) to (8) must be at least the rate at which the pension was being paid before the suspension or reduction.

(10) The power to suspend or reduce a pension in a case within subsection (2) does not apply to a pension to which a member became entitled before 1 October 1992.

Commencement Information

I1 S. 19 in force at 1.3.2019 by S.I. 2019/98, art. 2