Incumbents (Vacation of Benefices) Measure 1977

[F1 2 (1) The basic award shall be in the form of periodical payments which shall be paid monthly to the person concerned during a period commencing on the date when he ceases to be the incumbent of the benefice concerned (“ the material date ”) and expiring at the end of— E

(a) such number of months immediately following the material date as results from adding together—

(i) one month for each year or part of a year during which the person concerned has served in whole-time stipendiary ecclesiastical service[F2 , in respect of service served up to 31st December 1997 and in pensionable service [F3 to which the funded scheme applies], in respect of service served after that date]; and

(ii) one month for each year or part of a year which has passed before the material date since the person concerned attained the age of forty years; or

(b) thirty-six months immediately following the material date,

whichever is the greater:

Provided that where the person concerned has at the material date attained the age of fifty years the payments shall continue, if they would otherwise cease, until he attains an age within five years of the retiring age.

(2) Such payments shall cease to be payable in respect of the person concerned—

(a) when he attains the retiring age; or

(b) if he receives a pension under [F4 the past service scheme or the funded scheme] before attaining that age, on the date on which the pension is first paid; or

(c) if he re-enters [F5 service which is pensionable service [F6 within the meaning of the Funded Scheme rules]] within the Province of Canterbury (including the Diocese in Europe) or the Province of York, on the date of re-entry.

(3) Subject to paragraph (5) below, each monthly payment shall be of an amount equal to one-twelfth of the following—

(a) in the first period of twelve months, the national minimum stipend for the year in which the payment falls to be made;

(b) in the second period of twelve months, three-quarters of the national minimum stipend for the year in which the payment falls to be made;

(c) thereafter, two-thirds of the national minimum stipend for the year in which the payment falls to be made.

[F7 (4) The period during which a person is in receipt of periodical payments under paragraph 2 shall be deemed to be a period of pensionable service for the purposes of the Funded Scheme rules, but shall not constitute “service” for any other purpose of those rules]]

Textual Amendments

F1 Sch. 2 inserted (1.9.1994) by 1993 Measure No. 1 , s. 13 , Sch.2 (with s. 15 ); Instrument dated 25.7.1994 made by Archbishops of Canterbury and York .

F2 Words in Sch. 2 para. 2(1)(a)(i) inserted (1.1.2015) by Church of England (Miscellaneous Provisions) Measure 2014 (No. 1), s. 21(2), Sch. 2 para. 7(a); S.I. 2014/2077, art. 2(2)

F3 Words in Sch. 2 para. 2(1)(a)(i) substituted (1.3.2019) by Church of England Pensions Measure 2018 (No. 9), s. 61(2), Sch. 3 para. 5(2); S.I. 2019/98, art. 2

F4 Words in Sch. 2 para. 2(2)(b) substituted (1.3.2019) by virtue of Church of England Pensions Measure 2018 (No. 9), s. 61(2), Sch. 3 para. 5(3)(a); S.I. 2019/98, art. 2

F5 Words in Sch. 2 para. 2(2)(c) substituted (1.1.2015) by Church of England (Miscellaneous Provisions) Measure 2014 (No. 1), s. 21(2), Sch. 2 para. 7(c); S.I. 2014/2077, art. 2(2)

F6 Words in Sch. 2 para. 2(2)(c) substituted (1.3.2019) by virtue of Church of England Pensions Measure 2018 (No. 9), s. 61(2), Sch. 3 para. 5(3)(b); S.I. 2019/98, art. 2

F7 Sch. 2 para. 2(4) substituted (1.1.2015) by Church of England (Miscellaneous Provisions) Measure 2014 (No. 1) , s. 21(2) , Sch. 2 para. 7(d) ; S.I. 2014/2077 , art. 2(2)