Clergy Occupational Pensions Scheme Regulations 1977

JurisdictionUK Non-devolved
CitationSI 1977/1146

1977 No. 1146

ECCLESIASTICAL LAW

The Clergy Occupational Pensions Scheme Regulations 1977

7thJuly 1977

14thJuly 1977

6thApril 1978

In exercise of the powers conferred by section 6(1) of the Clergy Pensions (Amendment) Measure 1972(a) the General Synod hereby approve the following regulations:—

Citation, commencement and interpretation

1.—(1) These regulations may be cited as the Clergy Occupational Pensions Scheme Regulations 1977 and shall come into operation on 6th April 1978.

(2) In these regulations, unless the context otherwise requires—

"the Act" means the Social Security Pensions Act 1975(b);

"the 1961 Measure" means the Clergy Pensions Measure 1961(c);

"salary", in relation to any clerk, means the emoluments from his service in employment which in relation to him is contracted-out employment by reference to the Scheme, being emoluments from which income tax is deductible by virtue of regulations made under section 204 of the Income and Corporation Taxes Act 1970(d);

"the Scheme" means the provisions relating to pensions for clergy and their widows and dependants contained in the Clergy Pensions Measures 1961 to 1972(e), any rules made under section 3 of the Clergy Pensions (Amendment) Measure 1967(f) and any regulations made under section 6(1) of the Clergy Pensions (Amendment) Measure 1972, including these regulations, and known as the Clergy Pensions Scheme;

"scheme year" means a period of twelve months ending on 31st March;

and other expressions have the same meanings as in the Act or the 1961 Measure, as the circumstances require.

(3) For the purposes of these regulations the amount of the final salary, or last salary before death, of any clerk shall be determined—

(a) by ascertaining the amount of his salary in the scheme year which ended not more than twelve months before the date on which he attained the retiring age or, if earlier, the date on which he died or for any other reason ceased to serve in employment which in relation to him is contracted-out employment by reference to the Scheme; and

(a) 1972 No. 5

(b) 1975 c. 60.

(c) 1961 No. 3.

(d) 1970 c. 10.

(e) 1961 No. 3; 1967 No. 1; 1972 No. 5.

(f) 1967 No. 1.

(b) by excluding from that amount so much as would, if expressed as a weekly rate, be equal to one and a half times the lower earnings limit and so much, if any, as would, if so expressed, exceed the upper earnings limit.

(4) In paragraph (3) above references to the lower and upper earnings limits, in relation to any earnings, are references to the lower and upper limits referred to in section 1 of the Social Security Pensions Act 1975 as in force when the earnings are paid.

(5) Any reference in these regulations to any provision made by or contained in any enactment (including a Measure) or instrument shall, except insofar as the context otherwise requires, be construed as a reference to that provision as amended or extended by any enactment or instrument (including these regulations) and as including a reference to any provision which it re-enacts or replaces, or which may re-enact or replace it, with or without modification.

(6) The Interpretation Measure 1925(a) shall apply for the interpretation of these regulations as it applies for the interpretation of Measures passed by the General Synod.

Guaranteed minimum pension for certain clerks and their widows

2.—(1) This regulation shall apply if the service of a clerk in any employment becomes contracted-out employment by reference to the Scheme and it shall then override any other provisions of the Scheme which are inconsistent with it except regulation 4(2) and (3) below and section 16 of the 1961 Measure (commutation of widow's pension if not more than £30 a year).

(2) If a clerk has a guaranteed minimum under section 35 of the Act in relation to the pension provided for him by the Scheme—

(a) the weekly rate of that pension at the date on which he attains pensionable age shall not be less than his guaranteed minimum under that section; and

(b) if he dies at any time and leaves a widow, the weekly rate of the pension provided for her under the Scheme shall not be less than half that guaranteed minimum.

(3) Where this regulation applies in the case of any clerk who retires or dies without having performed a qualifying period of pensionable service, then, notwithstanding anything in section 1(1) or 10(1) of the 1961 Measure—

(a) the clerk on attaining pensionable age shall be entitled to a...

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