Church of England Pensions (Amendment) Regulations 1992

Suspension or reduction of disability pension

3.—(1) In regulation 7(3) of the 1988 Regulations after the word “service” there shall be inserted the words “or is or is capable of being engaged in other remunerated employment”.

(2) For regulation 7(5) of the 1988 Regulations there shall be substituted the following paragraph—

“(5) Where a pension is suspended or reduced under paragraph (3) above on the ground that the scheme member has become capable of performing pensionable service, and he subsequently—

(a)retires or

(b)is deemed to have retired, the Board being satisfied after considering further medical evidence that he is incapable of performing pensionable service,

payment of the pension shall resume, with effect from the date of the second retirement or (as the case may be) the date on which the Board determine that they are so satisfied, at such rate as the Board think fit having regard, in an appropriate case, to any additional period of pensionable service, not being a rate lower than that received by the scheme member before the pension was suspended or reduced.”.

(3) After regulation 7(5) of the 1988 Regulations there shall be inserted the following paragraphs—

“(6) Where a pension is suspended or reduced under paragraph (3) above on the ground that the scheme member, while incapable of performing pensionable service, is or is capable of being engaged in other remunerated employment, and subsequently—

(a)he ceases to be engaged in any such employment or

(b)the Board are satisfied after considering further medical evidence that he is incapable of being so engaged,

payment of the pension shall resume, with effect from the date on which engagement in such other employment ceases or (as the case may be) the date on which the Board determine that they are so satisfied, at such rate as the Board think fit not being a rate lower than that received by the scheme member before the pension was suspended or reduced.

(7) Paragraph (3) above, so far as it confers power on the Board to suspend or reduce a pension where they are satisfied that a scheme member is or is capable of being engaged in other remunerated employment, shall not apply to a pension to which a scheme member became entitled before the date on which the Church of England Pensions (Amendment) Regulations 1992 came into force.”.