Pensions Measure 1997

Miscellaneous E

9 Interpretation. E

(1) In this Measure, unless the context otherwise requires—

• “actuary” means a Fellow of the Institute of Actuaries or of the Faculty of Actuaries in Scotland, not being a Church Commissioner or a member of the Board or a member of the staff of the Commissioners or the Board, and includes a firm of actuaries;

• “appointed day” means the day appointed under section 11(2) below for the coming into force of this Measure;

• “funded scheme” means the scheme referred to in section 1(1)(b) above;

• “future service” means any period of pensionable service on or after the appointed day;

• “past service” means any period of pensionable service before the appointed day;

• “past service scheme” means the scheme referred to in section 1(1)(a) above;

• “the Pensions Fund” means the fund constituted under section 3(1) above;

• “regulations” means regulations made under section 6 of the Clergy Pensions (Amendment) Measure 1972;

• “rules” means, except in section 2 above, rules made under section 3 of the M1 Clergy Pensions (Amendment) Measure 1967.

(2) For the purposes of this Measure, where the qualifying period of pensionable service performed by a scheme member comprises or is deemed to comprise a period of both past service and future service the portion attributable to past service or future service, as the case may be shall be calculated without reference to any period of service following the completion of the minimum number of years entitling him to maximum benefits.

(3) This Measure shall be construed as one with the M2 Clergy Pensions Measure 1961.

Marginal Citations

M1 1967 No. 1.

M2 1961 No. 3.

10 Amendments and repeals. E

(1) The enactments specified in Schedule 1 to this Measure shall have effect subject to the amendments specified in that Schedule, being minor amendments or amendments consequential on the preceding provisions of this Measure.

(2) The enactments specified in Schedule 2 to this Measure are hereby repealed to the extent specified in the third column of that Schedule.

(3) Without prejudice to the application of section 16 of the M3 Interpretation Act 1978, the repeal of subsection (1A) of section 3 of the M4 Clergy Pensions (Amendment) Measure 1967 and rules 10 and 11 of the Church of England Pensions (Lump Sum Payments) Rules 1988 shall not apply in the case of the death of a scheme member occurring before the appointed day.

Marginal Citations

M3 1978 c. 30.

M4 1967 No. 1.

11 Citation, commencement and extent. E

(1) This Measure may be cited as the Pensions Measure 1997 and this Measure may be cited with the Church of England (Pensions) Measures 1961 to 1988 as the Church of England (Pensions) Measures 1961 to 1997.

(2) This Measure shall come into force on such day as the Archbishops of Canterbury and York may jointly appoint.

(3) This Measure shall extend to the whole of the provinces of Canterbury and York except the Channel Islands, but the provisions thereof may be applied to the Channel Islands as defined in the Channel Islands (Church Legislation) Measures 1931 and 1957, or either of them, in accordance with those Measures.

Subordinate Legislation Made

P1 S. 11(2): power fully exercised (28.11.1997): 1.1.1998 for whole Measure; Instrument dated 28.11.1997 made by Archbishops of Canterbury and York