41C(1)Subject to subsection (2) below, sections 41A and 41B above override any provision of a scheme to the extent that it conflicts with them.
(2)Sections 41A and 41B do not override a protected provision of a scheme.
(3)In subsection (2) above “protected provision” means—
(a)any provision contained in a scheme by virtue of—
(i)paragraph 9(2), 15(2), (3) or (4), 16(2), (3) or (4), 17(2) or 18 of Schedule 16 to the Social Security Act 1973; [F1and]
(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
(b)any provision of a scheme to the extent that it deals with priorities on a winding-up; and
(c)any provision of a scheme which is included in it for the purpose of effecting a transfer of rights or liabilities authorised by regulations under section 38(1) above [F3and
(d)any provision of a scheme to the extent that it deals with [F4the commutation, suspension or forfeiture] of the whole or part of a pension][F5and
(e)any provision of a scheme whereby, as respects so much of a widow’s or widower’s pension as exceeds the guaranteed minimum pension—
(i)no pension, or a pension at a reduced rate, is payable if the earner and the widow or widower married not more than six months before the earner’s death;
(ii)the whole or any part of the pension is not paid to the widow or widower, but instead comparable benefits are provided for one or more dependants of the deceased earner; or
(iii)no pension, or a pension at a reduced rate, is payable to the widow or widower (or, where a provision such as is mentioned in sub-paragraph (ii) above operates, to another dependant of deceased earner) who was more than ten years younger than the deceased earner.]
(4)In making any calculation for the purposes of section 41A or 41B above—
(a)any commutation, forfeiture or surrender of the whole or part of a pension;
(b)any charge or lien on the whole or part of a pension; and
(c)any set-off against the whole or part of a pension,
shall be disregarded.
[F6(4A)In calculating an earner’s guaranteed minimum for the purposes of sections 41A and 41B above his earnings factor shall be taken to be that factor as increased, except as provided by subsection (4B) below, by the last order under [F7section 148 of the Administration Act] to come into force before the end of the tax year in which termination of employment date falls.
(4B)If an earner’s termination of employment date falls in the tax year in which he attains pensionable age, subsection (4A) above shall have effect in relation to him as if for the words from “tax year” onwards there were substituted the word “final relevant year”.
(4C)In subsection (4B) above “final relevant year” has the same meaning as in section 35 above.]
(5)Any reference in section 41A and 41B above to the weekly rate of a pension is to be construed, in relation to a pension payable otherwise than weekly, as a reference to the weekly sum which would be payable in respect of a pension of that amount payable weekly.
(6)Sections 41A and 41B above do not apply to a pension to which an earner or his widow is entitled in respect of employment if before the commencement of this section—
(a)he left the employment, or left it for the last time; or
(b)the employment ceased, or ceased for the last time, to be contracted-out in relation to him.
(7)The Secretary of State may by regulations direct that sections 41A and 41B above and this section shall have effect, in such cases as he may there specify.
(8)In subsection (7) above “modification” includes, without prejudice to the generality of that subsection, addition, omission and amendment.
Textual Amendments
F1Word substituted by Social Security Act 1990 (c. 27), Sch. 4, para. 9(1)(a) and Sch. 7, with effect from 1.11.1986 by virtue of para. 9(4) of Sch. 4 Social Security Act 1990.
F2S. 41C(3)(a)(ii) repealed by Social Security Act 1990 (c. 27), Sch. 4, para. 9(1)(a) and Sch. 7, with effect from 1.1.1986 by virtue of para. 9(4) of Sch. 4 Social Security Act 1990.
F3Word and s. 41C(3)(d) added by Social Security Act 1989 (c. 24), Sch. 6, para. 8(1)(b) as from 1.11.1986 (by paragraph 8(2) Social Security Act 1989.)
F4Words substituted by Social Security Act 1990 (c. 27), Sch. 4, para. 9(1)(b) with effect from 1.11.1986 by virtue of para. 9(4) Social Security Act 1990.
F5Word and s. 41C(3)(e) inserted (with effect from 13.7.1990) by Social Security Act 1990 (c. 27), Sch. 4, para. 9(2)
F6S. 41C(4A)–(4C) inserted by Social Security Act 1985 (c. 53), Sch. 3, paras. 3 and 7 with effect from 1.1.1985
F7Words substituted (with effect from 1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), Sch. 2, para. 30
Modifications etc. (not altering text)
C1S. 41C modified by S.I. 1991/166, reg. 6(2)