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The Transport Act 2000 (Civil Aviation Authority Pension Scheme) Order 2001

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Interpretation of Schedule

S2.  In this Schedule the expression defined in Appendix 1 shall have the meanings therein ascribed to them except for any such expressions which are defined in this Rule, the expressions Current Member and Member shall be taken to refer respectively to Current Members and Members who are S Category Members at the relevant time and the following expressions shall have the following meanings:

Final Pensionable Salary means in respect of each Member at any date his highest Fund Salary for any period of twelve consecutive calendar months as a Current Member within the three years ending on the day before that date disregarding in respect of a Class A Member any part of the amount so calculated which exceeds the Permitted Maximum at that date.

Fund Salary means in respect of each Member at any date his basic annual salary from the Employers at that date with the addition of any pay supplements from the Employers for the time being in payment excluding bonuses, commissions and other fluctuating emoluments.

Normal Pension Date means in respect of each Member the 1st day of the month which is coincident with or if not coincident with which next follows the attainment of age 65 and not as defined in Appendix 1.

Pensions Increase Act means the Pensions (Increase) Act 1971(1) and Orders made under section 59 and 59A of the 1975 Act(2) in relation to official pensions as though the pensions under the CAA Section were official pensions as defined in the Pensions (Increase) Act 1971 and the Sponsoring Section Employer and the Trustees were the pension authority as defined in the Pensions (Increase) Act 1971 so that on each occasion on which the Minister for the Civil Service shall make an order under section 59 of the 1975 Act (with or without giving directions under section 59A of the 1975 Act) containing provisions for increasing the annual rate of an official pension then the corresponding pensions payable under the CAA Section shall be increased in accordance with such order and any direction made.

Spouse means Spouse as defined in Appendix 1 except that:

(1)

the words “the widow or widower (if any) of his or her last or only marriage” are replaced by the words “the widow or widower (if any) of his or her last or only marriage which took place prior to his or her ceasing to be a Current Member or prior to the date (if any) of his or her making a repayment to the Trustees as described in the penultimate paragraph of Rule S14”, and

(2)

proviso (2) to the definition of “Spouse” in Appendix 1 shall not apply.

(2)

1975 c. 60; section 59 was amended by the Social Security Act 1979 (c. 18), sections 11(1) to (3) and 21(4) and Schedule 3, paragraph 20, the Social Security Act 1985 (c. 53), section 29(1) and(2), Schedule 5, paragraph 33 and Schedule 6, the Social Security Act 1986 (c. 50), section 9(8), the Pensions (Miscellaneous Provisions) Act 1990 (c. 7), sections 1(7) and (5ZA) and 5, the Social Security (Consequential Provisions) Act 1990 (c. 18), section 4 and Schedule 2, paragraph 34 and the Pension Schemes Act 1993 (c. 48), section 190 and Schedule 8, paragraph 9(1)(a) and(b); section 59A was amended by the Pensions Schemes Act 1993 (c. 48), section 190 and Schedule 8, paragraph 9(2).

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