- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
3.—(1) Paragraph 9 of Schedule 2 (application of regulations to officers to whom regulation 6(2) and (3) applies) is amended as follows.
(2) For sub-paragraph (e), substitute—
“(e)there were inserted in paragraph (1) after the words “35 years” the words—
“less the total pensionable service he was entitled to reckon under the 1987 Regulations, calculated in accordance with paragraphs (3) and (4), at the applicable time”,”.
(3) After sub-paragraph (e) insert—
“(ea)there were added after paragraph (1) the following paragraph—
“(1A) (a) For the purposes of this regulation, the “applicable time” shall be determined in accordance with this paragraph.”
(b)In a case falling within paragraph 9(a) to (c) of Schedule 2—
(i)subject to sub-paragraph (ii), the applicable time is the time of his retirement with an entitlement to—
(aa)an ordinary pension under regulation B1; or, as the case may be,
(bb)a short service award under regulation B2;
(cc)an ill-health pension under regulation B3;
(dd)a deferred pension under regulation B5;
(ee)an award by way of repayment of aggregate pension contributions under regulation B6
of the 1987 Regulations,
(ii)where he has retired with an entitlement mentioned in sub-paragraph (i) and before retiring he had made an election under regulation G4(1) of the 1987 Regulations (election not to pay pension contributions) which had not been cancelled before retiring, the applicable time is the time when he made that election.
(c)In a case falling within paragraph 9(d) of Schedule 2, the applicable time is the time when he made his election under regulation G4(1) of the 1987 Regulations.””.
(4) In sub-paragraph (f)—
(a)for “the time mentioned in paragraph (1)(a)(i), (ii), (iii) or (iv) or (b), as the case may be,” substitute “the applicable time”;
(b)for “as at the time of his retirement mentioned in paragraph (1)(a), (b), (c) or (d), as the case may be” substitute “at the applicable time”;
(c)for “date of retirement mentioned in paragraph (1)” insert “the applicable time”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: