Constitutional Reform and Governance Act 2010

Protection of accrued rights

19 (1) This paragraph applies where—

(a) the IPSA makes a scheme under paragraph 12, or

(b) the Minister for the Civil Service makes a scheme under paragraph 16,

(the “new scheme”).

(2) The new scheme must not make any provision in relation to an accrued right which puts (or might put) a person in a worse position than the person would have been in apart from the provision.

(3) Sub-paragraph (2) does not apply if—

(a) the trustees of the Fund consent to the new scheme making the provision, and

(b) the person making the new scheme is satisfied that the consent requirement is met.

(4) The consent requirement is met if under the new scheme the provision has effect in relation to an accrued right only with the written consent, given in accordance with sub-paragraph (5), of—

(a) the person (“P”) in respect of whose service the right has accrued, or

(b) if P is dead, the persons (“the survivors”) who because of the accrued right are entitled, or may become entitled, to a pension or the benefit of any pension.

(5) Consent is given in accordance with this sub-paragraph if it is given after the person making the scheme has given P (or the survivors)—

(a) information in writing which adequately explains the nature of the provision and its effect,

(b) notice in writing that they may make representations about the provision,

(c) an adequate opportunity to make such representations, and

(d) notice in writing that the provision has effect in relation to the accrued right only with their written consent.

(6) Consent may be given by a person acting on behalf of P (or the survivors); and the references in sub-paragraph (5) to P (or the survivors) include a person acting on their behalf.

(7) In sub-paragraph (4)(a) “service” means—

(a) where the new scheme is a scheme under paragraph 12, service as a member of the House of Commons, and

(b) where the new scheme is a scheme under paragraph 16, service to which that paragraph applies.