Pensions (Miscellaneous Provisions) Act 1990

2Periods of further service

(1)Section 4 of the Increase Act (effect of periods of further service on rate of pension) shall have effect, and be taken always to have had effect, with the amendments made by subsections (2) to (4) below.

(2)In subsection (2) (termination of earlier service by person who is or may become eligible for pension) after the word “may” there shall be inserted the words “(without rendering further reckonable service)”.

(3)After that subsection there shall be inserted—

“(2A)In subsection (2) above “reckonable service”, in relation to a person and his official pension, means service which falls to be taken into account in calculating the basic rate of the pension.”

(4)In subsection (3) (derivative pensions which fall to be calculated by reference to the rate of the principal pension) after the words “falls to be calculated” there shall be inserted “(a)” and after the word “retirement)” there shall be inserted the words “or

(b)by reference to a rate of emoluments (whether actual emoluments or not and whether final or average emoluments) and a period of service of the person who was or, had he survived, would have been the pensioner in relation to such a principal pension,”.

(5)Section 2 of the [1965 c. 78.] Pensions (Increase) Act 1965 (which first made provision corresponding to section 4(2) of the Increase Act and which was repealed by that Act) shall be taken to have had effect as originally enacted—

(a)with the insertion after the word “may” in paragraph (b) of subsection (1) of the words “(without rendering further reckonable service)”, and

(b)with the addition after that paragraph of the words—

“and in paragraph (b) above “reckonable service”, in relation to a person and his pension, means service which falls to be taken into account in calculating the basic rate of the pension.”