Financial Emergency Measures in the Public Interest (No. 2) Act 2009

3.

Certain pension rights not affected.

3.— (1) This section applies to—

( a) a person who was at some time before 31 December 2009 a public servant but is on 1 January 2010 F14 [ in receipt of a pension under a public service pension scheme ]

( b) a person who was a public servant on 1 January 2010, but ceases to be a public servant on or before—

(i) 31 December 2010, or

F15 [ (ii) a later date specified by the Minister by order in accordance with subsection (3) ,

and who, on ceasing to be a public servant, is entitled to payment of a pension under a public service pension scheme in respect of his or her service as a public servant or a person who was at some time before the date specified under subparagraph (ii) a public servant and has a preserved benefit in a public service pension scheme in respect of which the preserved pension age of the person falls on or before that date, and ]

F16 [ ( c ) a person who becomes entitled to payment of a public service pension as a spouse, civil partner or child of a former public servant to whom paragraph (a) or (b) applied. ]

(2) The amendments taken to have been made by section 2 shall be disregarded for the purpose of calculating any pension entitlement (including an entitlement to a lump sum and an entitlement to periodic payments of pension) of a person to whom this section applies.

(3) For the purpose of making an order pursuant to subsection (1)(b)(ii), the Minister shall take into account such legal, superannuation and personnel management issues affecting public service bodies as he or she considers appropriate, and shall consult with any person or body that he or she considers appropriate.

F17 [ (4) In this section

F18 [ civil partner has the meaning it has in the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ; ]

preserved benefit has the meaning it has in the Public Service Superannuation (Miscellaneous Provisions) Act 2004 ;

preserved pension age , in relation to a preserved benefit in a public service pension scheme, means the age of the public servant or former public servant concerned at which the preserved benefit becomes payable to him or her under the scheme. ]

Annotations:

Amendments:

F14

Substituted (22.12.2010) by Financial Emergency Measures in the Public Interest Act 2010 (38/2010), s. 8(a), commenced on enactment.

F15

Substituted (1.01.2012) by Financial Emergency Measures in the Public Interest (Amendment) Act 2011 (39/2011), s. 7(a)(i), S.I. No. 683 of 2011.

F16

Substituted (1.01.2012) by Financial Emergency Measures in the Public Interest (Amendment) Act 2011 (39/2011), s. 7(a)(ii), S.I. No. 683 of 2011.

F17

Inserted (22.12.2010) by Financial Emergency Measures in the Public Interest Act 2010 (38/2010), s. 8(d), commenced on enactment.

F18

Inserted (1.01.2012) by Financial Emergency Measures in the Public Interest (Amendment) Act 2011 (39/2011), s. 7(b), S.I. No. 683 of 2011.

Editorial Notes:

E2

Power pursuant to subs. (1)(b)(ii) exercised (23.02.2011) by Public Service Pension Rights Order 2011 (S.I. No. 80 of 2011).

E3

Previous affecting provision: subs. (1)(c) inserted (22.12.2010) by Financial Emergency Measures in the Public Interest Act 2010 (38/2010), s. 8(c), commenced on enactment; subsequently substituted as per F-Note above.

E4

Previous affecting provision: subs. (1)(b) amended (22.12.2010) by Financial Emergency Measures in the Public Interest Act 2010 (38/2010), s. 8(b), commenced on enactment; subsequently substituted as per F-Note above.

E5

Previous affecting provision: power pursuant to subs. (1)(b)(ii) exercised (18.06.2010) by Public Service Pension Rights Order 2010 (S.I. No. 302 of 2010); subsequently revoked (23.02.2011) by Public Service Pension Rights Order 2011 (S.I. No. 80 of 2011), art. 3.