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Version Superseded: 06/04/1997
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Pension Schemes Act 1993, Section 106 is up to date with all changes known to be in force on or before 07 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Subject to subsection (2), no increase under section 103 or 104 is required to be paid to or for a member of a scheme whose pension has commenced but who has not attained the age of 55 at the time when the increase takes effect.
(2)Subsection (1) does not apply if the member—
(a)is permanently incapacitated by mental or physical infirmity from engaging in regular full-time employment, or
(b)has retired on account of mental or physical infirmity from the employment in respect of which, or on retirement from which, the pension is payable.
(3)The rules of a scheme may provide that if, in a case where a pension has been paid to or for a member under the age of 55 at an increased rate in consequence of subsection (2), the member—
(a)ceases to suffer from the infirmity in question before he attains the age of 55, but
(b)continues to be entitled to the pension,
any increases subsequently taking effect under section 103 or 104 in the annual rate of the pension shall not be paid or shall not be paid in full.
(4)In any case where—
(a)by virtue only of subsection (1) or (3), increases are not paid to or for a member or are not paid in full, but
(b)the member attains the age of 55 or, in a case falling within subsection (3), again satisfies the condition set out in subsection (2)(a) or (b),
his pension shall then become payable at the annual rate at which it would have been payable apart from subsection (1) or (3).
Commencement Information
I1Ss. 1-187 in force at 7.2.1994 by S.I. 1994/86, art. 2
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