SCHEDULES

[F1 SCHEDULE 1A E+W+S Revaluation of Pensions and Transfer values]

Textual Amendments

F1 Schedule 1A inserted by Social Security Act 1985 (c. 53), Sch. 1 para. 3

Modifications etc. (not altering text)

C1 The provisions of this Schedule are modified in certain circumstances by S.I. 1991/168 (revaluation)

C2 Under reg. 3(10) of S.I. 1987/1116, Sch. 1A below has effect (27.7.1987) in relation to personal pension schemes, subject to the modifications, in respect of Part I of this Schedule, specified in paras. 1—6 of Sch. 4 to that S.I.

Part I E+W+S Revaluation of Pensions

2 (1) Subject to the following provisions of this Schedule, if the revaluation condition is satisfied—

(a) any pension or other retirement benefit payable under the scheme to the member; and

(b) any pension or other benefit payable under it to any other person in respect of him,

is to be revalued by adding the appropriate amount to the amount that would be payable but for this Schedule or regulations made under it.

(2) For the purposes of this Schedule “the appropriate amount” is

, where—

(a) A = the revaluation percentage specified in the last period of one year beginning on the date of the commencement of this Part of this Schedule or on an anniversary of that date and ending before the date on which the member attains normal pension age as the revaluation percentage for the period which is of the same length as the number of complete years in the period mentioned in paragraph 1(2)(a) above;

(b) B = the length of the member’s qualifying pensionable service;

(c) C = the length of his pensionable service;

(d) D = the amount of the pension or other benefit—

(i) which on the date when his pensionable service terminates has accrued to him or to any other person in respect of him; . . . F2

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 ;

(e) E = any part of the amount mentioned in paragraph (d) above which consists of the member’s or his widow’s guaranteed minimum.

(3) In sub-paragraph (2)(b) and (c) above—

• “pensionable service” includes any notional pensionable service which is credited to the member by the scheme; and

• [F3 “qualifying pensionable service” means—

(a) where the termination of pensionable service occurs after the coming into force of this paragraph of this definition, the whole of the member’s pensionable service, as defined in this sub-paragraph; and

(b) in any other case, so much of any such service as falls on or after 1st January 1985.]

(4) For the purposes of sub-paragraph (2)(b) and (c) above, any notional pensionable service which is credited to a member by a scheme shall be taken to have ended immediately before the member’s actual pensionable service began.

(5) Any rule of a scheme the effect of which is that benefit fails to be revalued by reference to any period is to be disregarded in making any calculation required by this paragraph.

Textual Amendments

F2 Sch. 1A para. 2(d)(ii), and word “or” preceding it, repealed (with effect from 28.2.1991) by Social Security Act 1990 (c. 27), Sch. 4, para. 5(4)(c)(i) and Sch. 7

F3 Definition of “qualifying pensionable service” substituted (with effect from 1.1.1991) by Social Security Act 1990 (c. 27), Sch. 4, para. 4(1)

Modifications etc. (not altering text)

C3 Sch. 1A para . 2 is modified, where retirement benefit is varied at state pension age, by reg. 9 of S.I. 1991/168; and, where normal pension age is under 60, the reference to that age in para. 2(2)(a) above is modified by reg. 3(2) S.I. 1991/168. See also modifications in regs. 10 (rounding) and 13 (lump sum deriving from before 6.4.1975) of S.I. 1991/168.

C4 Para. 2(2)(e) to be construed (with effect from 13.7.1990) as if references to “widow” included references to widower (and with consequential modifications) by virtue of Social Security Act 1986 (c. 50), s.9(4)(i)