The Pensions Increase (Review) Order 1990

Explanatory Note

(This note is not part of the Order)

Under section 59 of the Social Security Pensions Act 1975 as amended by section 11 of the Social Security Act 1979 and as modified by section 59A of the 1975 Act (introduced by section 11(4) of the 1979 Act) the Treasury (in whom the functions conferred by those provisions are now vested) are required to provide by order for the increase in the rates of public service pensions.

The increase is the percentage (or in some circumstances a fraction of the percentage) by which the Secretary of State for Social Services has, by directions given under the provisions of section 23(2) of the Social Security Pensions Act 1975 (as amended by Schedule 10, paragraph 91 of the Social Security Act 1986), increased the sums referred to in section 63(1)(b) of the Social Security Act 1986.

These are the sums which are the additional pensions in long term benefits, namely the additional pension entitlements accruing to employees in respect of earnings after 5th April 1978. For pensions which began before 10th April 1989 the increase is 7.6 per cent. For pensions which began on or after 10th April 1989 the increases are as follows—

Pensions BeginningPercentage IncreasePensions BeginnningPercentage Increase
10th April 1989 to 24th April 19897.6%25th September 1989 to 24th October 19893.80%
25th April 1989 to 24th May 19896.97%25th October 1989 24th November 1989to 3.17%
25th May 1989 to 24th June 19896.33%25th November 1989 to 24th December 1989to 2.53%
25th June 1989 to 24th July 19895.70%25th December 1989 to 24th January 19901.90%
25th July 1989 to 24th August 19895.07%25th January 1990 to 24th February 19901.27%
25th August 1989 to 24th September 19894.43%25th February 1990 to 24th March 19900.63%

Deferred lump sums beginning on or before 24th March 1990 and which become payable after 8th April 1990 receive the same percentage increase as pensions which began on the same date. Article 4 of the Order provides for increases on certain deferred lump sums which became payable on or after 10th April 1989 and before 9th April 1990.

The Order also makes provision for the amount by reference to which any increase in the rate of an official pension is to be calculated to be reduced by the amount equal to the rate of the guaranteed minimum pension entitlement deriving from the employment which gives rise to the official pension. This is required by section 59(5) of the Social Security Pensions Act 1975 but by virtue of section 59A of that Act and the Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981 the Treasury is empowered to direct that in respect of specified cases or classes of case either no such reduction be made or the reduction shall be less than the rate of the guaranteed minimum pension.