Part IV Protection for early leavers
C1C2C7C9C3C5C10C6C4C8C11C12C13Chapter III Protection of increases in guaranteed minimum pensions (“anti-franking”)
Pt. 4 Ch. 3 modified (6.4.2016) by The Police Pensions (Consequential Provisions) Regulations 2015 (S.I. 2015/370), regs. 1(3), 10
Pt. 4 Ch. 3 modified (6.4.2016) by The Firefighters’ Pension Scheme (Wales) (Consequential Provisions) Regulations 2015 (S.I. 2015/848), regs. 1(3), 10 (with reg. 5)
Pt. 4 Ch. 3 modified (S.) (6.4.2016) by The Police Pensions (Consequential Provisions) (Scotland) Regulations 2015 (S.S.I. 2015/118), regs. 1(3), 10 (with reg. 5)
Pt. 4 Ch. 3 modified (6.4.2016) by The Teachers’ Pension Scheme (Consequential Provisions) Regulations 2015 (S.I. 2015/436), regs. 1(2), 10 (with reg. 5)
Pt. 4 Ch. 3 modified (6.4.2016) by The Judicial Pensions Regulations 2015 (S.I. 2015/182), reg. 1(3), Sch. 3 para. 8 (with regs. 148, 160, Sch. 3 para. 3)
Pt. 4 Ch. 3 modified (6.4.2016) by The Armed Forces Pension (Consequential Provisions) Regulations 2015 (S.I. 2015/390), regs. 1(2)(3), 10
Pt. 4 Ch. 3 modified (S.) (6.4.2016) by The Teachers’ Pension Scheme (Consequential Provisions) (Scotland) Regulations 2015 (S.S.I. 2015/146), regs. 1(3), 10 (with reg. 5)
Pt. 4 Ch. 3 modified (S.) (6.4.2016) by The National Health Service Pension Scheme (Consequential Provisions) (Scotland) Regulations 2015 (S.S.I. 2015/145), regs. 1(3), 10 (with reg. 5)
Pt. 4 Ch. 3 modified (S.) (6.4.2016) by The Firefighters’ Pension Scheme (Consequential Provisions) (Scotland) Regulations 2015 (S.S.I. 2015/117), regs. 1(3), 10 (with reg. 5)
Pt. 4 Ch. 3 modified (6.4.2016) by The National Health Service Pension Scheme (Consequential Provisions) Regulations 2015 (S.I. 2015/432), regs. 1(3), 10 (with reg. 5)
Pt. 4 Ch. 3 modified (6.4.2016) by The Firefighters’ Pension Scheme (England) (Consequential Provisions) Regulations 2015 (S.I. 2015/319), regs. 1(3), 10 (with reg. 5)
Pt. 4 Ch. 3 modified (6.4.2016) by The Public Service (Civil Servants and Others) Pensions (Consequential and Amendment) Regulations 2015 (S.I. 2015/372), regs. 1(3), 10 (with reg. 5)
I191 Special provision where employment continues after it ceases to be contracted-out by reference to scheme.
1
If—
a
an earner’s employment ceases to be contracted-out by reference to an occupational pension scheme but the scheme continues to apply to it; or
b
an earner transfers from employment which is contracted-out by reference to an occupational pension scheme to employment to which the scheme applies but which is not contracted-out by reference to it,
the amount of any short service or other benefit which has accrued to the earner shall be computed for the purposes of section 88(1)(a)(ii) as it would be computed if he had ceased on the cessation date to be in employment to which the scheme applies.
2
If—
a
a benefit under a scheme is conditional on an earner attaining a particular age or having a particular length of service; and
b
one of the events mentioned in subsection (1) occurs before he has fulfilled the condition; but
c
he continues to be in employment to which the scheme applies until he has done so,
the earner shall be treated for the purposes of the previous provisions of this Chapter as if that benefit had accrued to him.
Pt. 4 Ch. 3 excluded (12.2.2001 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(b)(2), Sch. 5 para. 14 (with s. 83(6)); S.I. 2000/3166, art. 2(5) (as amended (28.3.2001) by S.I. 2001/1252, art. 3)