The Church of England Pensions Regulations 1997

Regulation 11

SCHEDULEAMENDMENT OF CHURCH OF ENGLAND PENSIONS REGULATIONS 1988

1.  In regulation 2(1) of the Church of England Pensions Regulations 1988 (“the 1988 Regulations”) in the definition of “state pensionable age” for the words from “means” to the end of the definition there shall be substituted the words “pensionable age determined in accordance with the rules contained in Part I of Schedule 4 to the Pensions Act 1995”.

2.  In regulation 4(1)(c) of the 1988 Regulations for the word “five” there shall be substituted the word “ten”.

3.  In regulation 6 of the 1988 Regulations–

(a)at the beginning there shall be inserted the following paragraph–

“(1A) The rate of any pension payable under regulation 4(1) above shall increase each year, on a date to be determined by the Board, by–

(a)the percentage which appears to the Board to be the percentage increase in the general level of prices in Great Britain during a reference period to be determined by the Board, or

(b)5 percent,

whichever is the lower. The interval between increases shall not exceed twelve months and, if less than twelve months, the increase shall not exceed the percentage which bears the same proportion to 5 per cent as the reference period bears to a year.”;

(b)in paragraph (1) for the word “increasing” there shall be substituted the words “making additional increases in”.

4.  In regulation 16 of the 1988 Regulations–

(a)at the beginning there shall be inserted the following paragraph–

“(1A) The rate of any pension payable under the preceding provisions of this Part of these Regulations shall increase each year as if the pension were a pension to which regulation 6(1A) above applies.”;

(b)in paragraph (1) for the word “increasing” there shall be substituted the words “making additional increases in”.

5.  In regulation 19 of the 1988 Regulations–

(a)in paragraph (2) for the words “section 35 of the Social Security Pensions Act 1975(1)” there shall be substituted the words “section 14 of the Pension Schemes Act 1993(2)”;

(b)in paragraph (5) for the words from “section 37A” to the end there shall be substituted the words “sections 109 and 110 of the Pension Schemes Act 1993 and to the extent of any orders made under section 109”.

6.  In regulation 20 of the 1988 Regulations in paragraph (5) for the words from “section 35(6)” to the end there shall be substituted the words “section 15 of the Pension Schemes Act 1993”.

7.  In regulation 26 of the 1988 Regulations–

(a)in paragraph (1)

(i)for the words “Part II of Schedule 1A to the Social Security Pensions Act 1975” there shall be substituted the words “Chapter IV of Part IV of the Pension Schemes Act 1993”;

(ii)for the words “paragraph 13 of that Schedule” there shall be substituted the words “section 95 of that Act”;

(b)in paragraph (2) for the words “section 44A of the Social Security Pensions Act 1975” there shall be substituted the words “section 55(3) of the Pensions Schemes Act 1993”;

(c)in paragraph (3) for the words “section 42(2) or (3) of the Social Security Pensions Act 1975” there shall be substituted the words “section 55(2) of the Pension Schemes Act 1993”.

8.  In regulation 27 of the 1988 Regulations–

(a)in paragraph (1)–

(i)for the words “, then if the revaluation condition is satisfied” there shall be substituted the words “and the provisions of section 83(1)(a) of the Pension Schemes Act 1993 apply, then”;

(ii)for the words “paragraphs 2 and 6 of Schedule 1A to the Social Security Pensions Act 1975” there shall be substituted the words “Chapter II of Part IV of that Act”;

(b)paragraph (2) shall be omitted.

9.  In Schedule 1 to the 1988 Regulations–

(a)for paragraphs 1 and 2 there shall be substituted the following paragraphs–

“1.  The rate of pension of a scheme member (not at any time having held within the area to which these regulations extend any of the offices mentioned in paragraph 2 below) who retires at or above the retiring age after having performed a qualifying period of pensionable service of 37 years or more of whole-time service shall be the full basic pension.

In this paragraph–

“full basic pension” means two-thirds of the national minimum stipend for the year previous to that in which the pension is paid;

“national minimum stipend”, in relation to any year, means the national minimum stipend recommended for the stipends of clergymen of incumbent status for that year in the Annual Report of the Central Stipends Authority.

2.  The rate of pension of a scheme member who at any time has held any of the offices mentioned in the first column of the following table shall be based on the multiple of the full basic pension mentioned in the second column opposite that office and, if more than one such office has been held, the higher such multiple shall apply for the purposes of this paragraph.

In this paragraph “full basic pension” has the same meaning as in paragraph 1 above.”;

(b)in paragraph 7 for the word “five” there shall be substituted the word “ten”.