Pensions Act 2004 (c. 35)

SCHEDULES

SCHEDULE 11 E+W+S Deferral of retirement pensions and shared additional pensions

Part 2 E+W+S Consequential amendments

Commencement Information

I1 Sch. 11 wholly in force at 6.4.2005; Sch. 11 in force at Royal Assent for specified purposes and otherwise at 6.4.2005 see s. 322

Social Security Contributions and Benefits Act 1992 (c. 4) E+W+S

Commencement Information

I2 Sch. 11 wholly in force at 6.4.2005; Sch. 11 in force at Royal Assent for specified purposes and otherwise at 6.4.2005 see s. 322

16 E+W+S The Social Security Contributions and Benefits Act 1992 is amended as follows.

Commencement Information

I3 Sch. 11 wholly in force at 6.4.2005; Sch. 11 in force at Royal Assent for specified purposes and otherwise at 6.4.2005 see s. 322

17 E+W+S In section 62(1) (graduated retirement benefit)—

(a) in paragraph (a), for “paragraphs 1 to 3” substitute “ paragraphs A1 to 3B and 7C ”, and

(b) after paragraph (b) insert—

“(c) for amending that section in order to make provisions corresponding to those of paragraphs 3C, 4(1) and (1A) and 7A to 7C of Schedule 5 to this Act enabling a widowed person to elect to receive a lump sum, rather than an increase in the weekly rate of retirement pension, in respect of the graduated retirement benefit of his or her deceased spouse.”

Commencement Information

I4 Sch. 11 wholly in force at 6.4.2005; Sch. 11 in force at Royal Assent for specified purposes and otherwise at 6.4.2005 see s. 322

18 E+W+S In section 122(1) (interpretation of Parts 1 to 6)—

(a) before the definition of “beneficiary” insert—

““Bank of England base rate” means—

(a) the rate announced from time to time by the Monetary Policy Committee of the Bank of England as the official dealing rate, being the rate at which the Bank is willing to enter into transactions for providing short term liquidity in the money markets, or

(b) where an order under section 19 of the Bank of England Act 1998 is in force, any equivalent rate determined by the Treasury under that section;”, and

(b) for the definitions of “deferred” and “period of deferment” substitute—

““deferred” and “period of deferment”—

(a) in relation to a Category A or Category B retirement pension, have the meanings given by section 55(3), and

(b) in relation to a shared additional pension, have the meanings given by section 55C(3);”.

Commencement Information

I5 Sch. 11 wholly in force at 6.4.2005; Sch. 11 in force at Royal Assent for specified purposes and otherwise at 6.4.2005 see s. 322

19 E+W+S In section 176 (parliamentary control of subordinate legislation) in subsection (1) (affirmative procedure), after paragraph (b) insert—

“(bb) regulations prescribing a percentage rate for the purposes of—

(i) paragraph 3B(3) or 7B(3) of Schedule 5, or

(ii) paragraph 5(3) of Schedule 5A;”.

Commencement Information

I6 Sch. 11 wholly in force at 6.4.2005; Sch. 11 in force at Royal Assent for specified purposes and otherwise at 6.4.2005 see s. 322

Social Security Administration Act 1992 (c. 5) E+W+S

Commencement Information

I7 Sch. 11 wholly in force at 6.4.2005; Sch. 11 in force at Royal Assent for specified purposes and otherwise at 6.4.2005 see s. 322

20 E+W+S The Social Security Administration Act 1992 is amended as follows.

Commencement Information

I8 Sch. 11 wholly in force at 6.4.2005; Sch. 11 in force at Royal Assent for specified purposes and otherwise at 6.4.2005 see s. 322

21 E+W+S In section 150 (annual up-rating of benefits)—

(a) in subsection (1), after paragraph (d) insert—

“(dza) which are lump sums to which surviving spouses will become entitled under paragraph 7A of that Schedule on becoming entitled to a Category A or Category B retirement pension;”,

(b) in subsection (1)(da), for “section 55C of” substitute “ paragraph 2 of Schedule 5A to ”, and

(c) in subsection (3)(b), after “(d),” insert “ (dza), ”.

Commencement Information

I9 Sch. 11 wholly in force at 6.4.2005; Sch. 11 in force at Royal Assent for specified purposes and otherwise at 6.4.2005 see s. 322

22 E+W+S In section 151 (up-rating—supplementary) in subsection (2)—

(a) for “subsection (1)(d) or (e)” substitute “ subsection (1)(d), (dza) or (e) ”, and

(b) after “apart from the order and” insert “ , in the case of the sums mentioned in subsection (1)(d) or (e) of that section, ”.

Commencement Information

I10 Sch. 11 wholly in force at 6.4.2005; Sch. 11 in force at Royal Assent for specified purposes and otherwise at 6.4.2005 see s. 322

Welfare Reform and Pensions Act 1999 (c. 30) E+W+S

Commencement Information

I11 Sch. 11 wholly in force at 6.4.2005; Sch. 11 in force at Royal Assent for specified purposes and otherwise at 6.4.2005 see s. 322

23 E+W+S The Welfare Reform and Pensions Act 1999 is amended as follows.

Commencement Information

I12 Sch. 11 wholly in force at 6.4.2005; Sch. 11 in force at Royal Assent for specified purposes and otherwise at 6.4.2005 see s. 322

24 E+W+S In section 50, omit subsection (2) (which amends provisions relating to the deferment of shared additional pensions and is superseded by Part 1 of this Schedule).

Commencement Information

I13 Sch. 11 wholly in force at 6.4.2005; Sch. 11 in force at Royal Assent for specified purposes and otherwise at 6.4.2005 see s. 322

25 E+W+S In section 52(2) (power to make regulations preserving rights in respect of additional pensions), in paragraph (b)—

(a) after “increase of pension” insert “ or payment of lump sum ”, and

(b) after “constituent element of an increase” insert “ or of a lump sum ”.

Commencement Information

I14 Sch. 11 wholly in force at 6.4.2005; Sch. 11 in force at Royal Assent for specified purposes and otherwise at 6.4.2005 see s. 322