Hyperlawhypertext legal database Pensions (Miscellaneous Provisions) Act 1990 current to 2010-07-16

UKPGA-1990-7 Pensions (Miscellaneous Provisions) Act 1990 UK

Current to 2010-07-16

Contents
preamble

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Pensions increase

s. 1 — Qualifying conditions.
s. 1(1)

In section 3 of the Pensions (Increase) Act 1971 (in this Act referred to as “the Increase Act”) in subsection (1) (increases subject to satisfaction of qualifying conditions, except in the case of a widow’s pension) for the words “a widow’s pension” there shall be substituted the words “ a derivative or substituted pension or a relevant injury pension.”

s. 1(2)

In subsection (2) of that section (no increase for pension in respect of pensioner’s own services unless a qualifying condition is satisfied)—

s. 1(2)(a)

after the words “own services” there shall be inserted the words “ , other than a relevant injury pension,”; and

s. 1(2)(b)

at the beginning of paragraph (c) (which provides for certain women with dependants to receive increases and which accordingly discriminates against men) there shall be inserted the words “ subject to subsections (9) to (11) below,”.

s. 1(3)

In consequence of subsection (1) above—

s. 1(3)(a)

subsection (3) of that section (conditions for increase of certain derivative and substituted pensions) is hereby repealed;

s. 1(3)(b)

in subsection (6) of that section for the words “as mentioned in subsection (3)(d) above” there shall be substituted the words “ for a trade, profession or vocation in such circumstances that he is required to devote the whole of his time to that training for a period of not less than two years”; and

s. 1(3)(c)

in subsection (8) of that section, for the words “or (3)(a) above, or in both,” there shall be substituted the word “ above”.

s. 1(4)

There shall be added at the end of that section—

s. 1(5)

In section 8(2) of that Act (date on which a pension “begins”) the word “and” immediately preceding paragraph (b) is hereby repealed and after that paragraph there shall be added the words

s. 1(6)

In section 17(1) of that Act (definitions) there shall be inserted at the appropriate place—.

s. 1(7)

In section 59 of the Social Security Pensions Act 1975 (in this Act referred to as “the Pensions Act”) in subsection (1) (increases subject to satisfaction of qualifying conditions, except in the case of a widow’s pension) for the words “a widow’s pension” there shall be substituted the words “ a derivative or substituted pension or a relevant injury pension”.

s. 1(8)

Subsections (2)(b) and (4) above shall come into force on 1st January 1993.

s. 2 — Periods of further service.
s. 2(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.

s. 2(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)”.

s. 2(3)

After that subsection there shall be inserted—

s. 2(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.

s. 2(5)

Section 2 of the 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—

s. 2(5)(a)

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

s. 2(5)(b)

with the addition after that paragraph of the words—

s. 3 — No increase for additional lump sums arising from recalculation.

The following subsection shall be added at the end of section 9 of the Increase Act (gratuities and lump sums)—

s. 4 — Employers’ contributions towards cost of pensions increase for teachers and persons engaged in the health services etc.
s. 4(1)

In section 9 of the Superannuation Act 1972 (in this Act referred to as “the 1972 Act”) after subsection (3) there shall be inserted—

s. 4(2)

In section 10 of that Act (persons engaged in health services etc) in subsection (1), after the words “as may be so prescribed” there shall be inserted the words “ (in this section referred to as “health staff”)” and after subsection (3) there shall be inserted—

s. 5 — Guaranteed minimum pensions: abolition of double indexation for surviving spouses.
s. 5(1)

In section 59 of the Pensions Act (increase of official pensions) after subsection (5) (deduction of guaranteed minimum pension for purpose of calculating increase) there shall be inserted—

s. 5(2)

In subsection (7) of that section (interpretation) after the definition of “lump sum” there shall be inserted—

s. 6 — Correction of section 1 of the Increase Act as reproduced under section 2.

The Schedule to the Pensions Increase (Annual Review) Order 1978 (which reproduces section 1 of the Increase Act with the effect of increase orders under section 2 incorporated in it) shall have effect, and be taken always to have had effect, with the insertion of the words “ beginning on” after the words “any period” in subsection (1) of section 1 as so reproduced.

Additional voluntary contributions

s. 7 — No increase for benefits deriving from additional voluntary contributions.
s. 7(1)

In section 8 of the Increase Act (meaning of “pension” etc.) after paragraph (c) of subsection (1) there shall be added the words—

s. 7(2)

In section 9 of that Act (application of pensions provisions to lump sum payments etc, other than the return of contributions with or without interest) in subsection (1) after the word “interest” there shall be inserted the words “ (or any money purchase benefits)”.

s. 7(3)

In section 17(1) of that Act (definitions) there shall be inserted at the appropriate place—.

s. 8 — Member’s right to elect for the purchase of benefits from any authorised provider he may specify.
s. 8(1)

In section 1 of the 1972 Act, after subsection (2) (power to delegate functions relating to pension schemes for civil servants etc) there shall be inserted—

s. 8(2)

At the end of that section there shall be added—

s. 8(3)

In section 9 of that Act (superannuation of teachers) after subsection (2) there shall be inserted—

s. 8(4)

In subsection (6) of that section (definition of “teachers”) after the words “In this section” there shall be inserted the following definitions—.

s. 8(5)

In section 10 of that Act (superannuation of persons engaged in the health services etc) after subsection (2) there shall be inserted—

s. 8(6)

At the end of that section there shall be added—

Changes in the protection against adverse alterations

s. 9 — No scheme to make provision reducing accrued rights without the consent of representatives of those affected.

In section 2 of the 1972 Act, for subsection (3) (consent of representatives to the inclusion in schemes of provisions which reduce the amount of any benefit calculated by reference to service rendered before they take effect) there shall be substituted—

s. 10 — Restriction on election that regulations shall not apply to persons whose service has terminated.
s. 10(1)

In section 12 of the 1972 Act, in subsection (2)(a) (application of regulations to persons who have previously ceased to serve or died) after the words “have ceased to serve therein” there shall be inserted the words “ (whether or not they have subsequently recommenced any such service)”.

s. 10(2)

At the end of subsection (4) of that section (right of person with accrued or contingent pension rights to elect that regulations which would adversely affect him shall not so apply) there shall be added the words “ in relation to that pension except as provided by subsection (4A) below.”

s. 10(3)

After that subsection there shall be inserted—

Injury benefits for teachers

s. 11 — Payment of injury benefits to teachers by their employers etc.
s. 11(1)

In section 9 of the 1972 Act, in subsection (1) (which requires benefits for teachers to be paid by the Secretary of State) for the words from “by the Secretary of State” onwards there shall be substituted the words “ to or in respect of teachers by the Secretary of State or, in the case of injury benefit, by the Secretary of State, an employer of teachers or such other person as the Secretary of State may consider appropriate and may specify in the regulations.”

s. 11(2)

After subsection (5) of that section there shall be inserted—

s. 11(3)

In subsection (6) of that section (definitions) after the definition of “authorised provider” inserted by section 8(4) above there shall be inserted the following definition—.

Supplemental

s. 12 — Corresponding provision for Northern Ireland.

An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of this Act—

s. 12(a)

shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but

s. 12(b)

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

s. 13 — Financial provisions.
s. 13(1)

There shall be defrayed out of money provided by Parliament—

s. 13(1)(a)

any expenditure incurred by any Minister of the Crown in consequence of this Act; and

s. 13(1)(b)

any increase attributable to the provisions of this Act in the sums payable under any other Act out of money so provided.

s. 13(2)

There shall be paid into the Consolidated Fund all sums received by a Minister of the Crown by virtue of this Act.

s. 14 — Short title, interpretation, commencement and extent.
s. 14(1)

This Act may be cited as the Pensions (Miscellaneous Provisions) Act 1990.

s. 14(2)

In this Act—“the 1972 Act” means the Superannuation Act 1972;“the Increase Act” means the Pensions (Increase) Act 1971;“the Pensions Act” means the Social Security Pensions Act 1975.

s. 14(3)

Subject to section 1(8) above, this Act, other than section 12 and this section, shall not come into force until the expiration of the period of two months beginning with the day on which it is passed.

s. 14(4)

Where this Act amends or repeals a provision contained in any other enactment or instrument, the amendment or repeal has the same extent as the provision amended or repealed.

s. 14(5)

Section 12 and this section extend to Northern Ireland.

s. 14(6)

Except as provided by this section, this Act does not extend to Northern Ireland.