Financial Emergency Measures in the Public Interest Act 2010

8.

Amendment of section 3 of Act of 2009.

8 . Section 3 of the Act of 2009 is amended

( a ) in subsection (1)( a ), by the substitution of in receipt of a pension under a public service pension scheme for in receipt of a pension or has a preserved benefit in a public service pension scheme, and ,

( b ) in subsection (1)( b ), by the substitution of the following for subparagraph (ii):

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

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 ,

( c ) in subsection (1), by the addition of the following paragraph:

( c ) a person who is a spouse or child of a public servant or former public servant and who becomes entitled to payment of a public service pension as a spouse or child of that public servant or former public servant, as the case may be, under a public service pension scheme at any time after the date specified under paragraph ( b )(ii) but only if that public servant or former public servant, as the case may be, was entitled before that date to payment of a public service pension under a public service pension scheme in respect of service as a public servant from which the entitlement of the spouse or child derives. , and

( d ) by the addition of the following subsection:

(4) In this section

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. .