The Pensions Increase (Parliamentary Pensions) Regulations 1972

5.—(1) This Regulation applies to a pension under Part I of the 1972 Act, not being a pension calculated in accordance with section 8 of the 1972 Act (which provides for an alternative calculation of pensions by reference to the 1965 Act).

(2) Where a pension to which this Regulation applies is calculated by reference to a terminal salary which, by virtue of section 7(5) of the 1972 Act, includes the salary for a period before 1st January 1972, the pension (hereafter in this Regulation referred to as “the total pension”) shall be treated for the purposes of the Pensions (Increase) Act 1971 as being divided into two pensions:—

(a) a pension (hereafter in this Regulation referred to as “the pre-1972 pension”) at an annual rate equal to so much of the annual rate of the total pension as is based on the salary for a period before 1st January 1972, and

(b) a pension (hereafter in this Regulation referred to as “the 1972 pension”) at an annual rate equal to so much of the annual rate of the total pension as is based on the salary for a period after 31st December 1971.

(3) Subject to paragraph (4) below, the pre-1972 pension shall, for the purposes of the Pensions (Increase) Act 1971, be treated as beginning on 16th October 1964, and the 1972 pension shall be treated as if it were excepted from the provisions of that Act.

(4) Any increase under the Pensions (Increase) Act 1971 (as modified by the foregoing provisions of this Regulation) of a pension to which this Regulation applies shall not exceed the amount by which the basic rate of the pension falls short of the rate of the pension which would have been payable under Part I of the 1972 Act if the service in respect of which the pension is payable (including any days of such service beyond completed years) had been continuous service ending on 31st December 1972.

(5) Where a pension to which this Regulation applies is calculated by reference to a terminal salary which does not include the salary for a period before 1st January 1972, the pension shall be treated as if it were excepted from the provisions of the Pensions (Increase) Act 1971.