Financial Emergency Measures in the Public Interest Act 2013

9.

Certain pension rights not affected.

9.— (1) This section applies to—

( a) a person who was at some time before 1 July 2013 a public servant but is on 1 July 2013 in receipt of a pension under a public service pension scheme,

( b) a person who was a public servant on 1 July 2013, but ceases to be a public servant on or before—

(i) 31 August 2014, or

(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 31 August 2014 or such later date as may be 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

( 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 following 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—

( a) the amendment made by section 2 inserting a section 2A in the Act of 2009,

( b) any suspension of the operation of a pay scale by virtue of subsection (1) of section 7 , or

( c) the application of subsection (1) of section 7 to a person, in the manner described in paragraph (a) or (b) of subsection (5) of that section, by a collective agreement referred to in that subsection (5).

(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 body or other person that he or she considers appropriate.

(4) In this section—

“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;

“public servant” has the meaning it has in the Act of 2010;

“public service pension scheme” has the meaning it has in the Financial Emergency Measures in the Public Interest Act 2009.

Annotations:

Editorial Notes:

E1

Power pursuant to subs. (1)(b)(ii) exercised (1.12.2015) by Public Service Pension Rights (No. 2) Order 2015 (S.I. No. 547 of 2015), providing that the later date specified for the purpose of subs. (1)(b)(ii) is 1 April 2019.

E2

Previous affecting provision: power pursuant to subs. (1)(b)(ii) exercised (30.06.2016) by Public Service Pension Rights Order 2015 (S.I. No. 145 of 2015), art. 2; revoked (1.12.2015) by Public Service Pension Rights (No. 2) Order 2015 (S.I. No. 547 of 2015).

E3

Previous affecting provision: power pursuant to subs. (1)(b)(ii) exercised (30.06.2014) by Public Service Pension Rights Order 2014 (S.I. No. 199 of 2014); revoked (2.04.2015) by Public Service Pension Rights Order 2015 (S.I. No. 145 of 2015), art. 3.