The Pensions (Pre-consolidation) Order 2018

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends provisions relating to Church of England pensions in exercise of the power to make pre-consolidation amendments that is conferred by section 8 of the Legislative Reform Measure 2018 (“the LRM”).

Article 2(1) amends rule 6 of the Church of England Pensions (Lump Sum Payments) Rules 1988 so as to provide that a member of the past service scheme wishing to retire early otherwise than on grounds of infirmity is entitled to a lump sum if the member retires within 10 years, rather than within 5 years, of the retiring age. It is thought that the current reference to 5 years is a mistake; the Pensions Board has in practice acted on the basis that it was instead a reference to 10 years.

Article 2(2) provides for the amendment made by article 2(1) to be retrospective so as to remove any doubt there might otherwise be about previous exercises by the Pensions Board of its function under rule 6 of the 1988 Rules. The power to make retrospective provision of that kind is conferred by section 8(2)(a) of the LRM.

Article 3(1) amends regulation 8 of the Church of England Pensions Regulations 1997 so as to provide that a person who is subject to an order under section 3 or 4 of the Pensions Act 1995, prohibiting that person from acting as a trustee of a pension scheme, is disqualified from membership of the Pensions Board.

Article 3(2) makes a consequential amendment to ensure that the disqualification applies also to serving members of the Pensions Board.