Public Service Pensions (Single Scheme and Other Provisions) Act 2012

28.

Preservation of benefits.

28.— (1) Except in respect of the office to which section 20 applies, where a person, after completing the vesting period, ceases to be a public servant other than under section 27 or 29 , and on the date of cessation he or she has not attained normal retirement age, then he or she is entitled to a pension and lump sum payment (which pension and lump sum payment are referred to in this Part as a “preserved pension” and a “preserved lump sum” respectively)—

( a) in the case of a person to whom section 26(1)(b)(ii) applies other than where section 26(3)(b)(ii) also applies, upon attaining the age of 60 years, and

( b) in any other case (including a case to which section 26(3)(b)(ii) applies)—

(i) upon attaining the age of 66 years, or

(ii) upon attaining the age at which from time to time a person is entitled to or eligible to receive a contributory State Pension, or would be so entitled or eligible to receive a contributory State Pension had he or she met the non-age related qualifying criteria,

whichever last occurs.

(2) A preserved pension shall be payable to the person concerned on and from his or her attaining the age determined in accordance with subsection (1) on an application being duly made in a manner provided for by the Minister.

(3) The amount of a preserved pension and preserved lump sum shall be the amount which would have been awarded to the Scheme member concerned under the calculation of benefits sections if he or she had attained the age determined in accordance with subsection (1) on the date of last ceasing to be a public servant, as altered by reference to any adjustments that would have been made under section 40 between that date and when the Scheme member attained the age so determined.

(4) If a person referred to in subsection (1) dies before attaining the age determined in accordance with subsection (1), then a preserved death gratuity equal to accrued referable lump sum amounts as altered by reference to any adjustments that would have been made under section 40 shall be payable to his or her legal personal representative on application by the legal personal representative.

(5) Where a person to whom subsection (1) applies incurs permanent ill-health and satisfies the relevant authority that, if still serving, he or she would be eligible to retire on medical grounds under section 29 , then a preserved pension and preserved lump sum may be paid with effect from the date (not earlier than the date of the former member’s application) on which the relevant authority is so satisfied.

(6) Regulations made under section 29(6) shall not apply to any preserved pension or preserved lump sum, payable under subsection (5).

(7) This section is subject to section 14 .