Clergy Pensions (Amendment) Measure 1972

JurisdictionUK Non-devolved
Citationmeasure 1972 No. 5


Clergy Pensions(Amendment) Measure 1972

A MEASURE passed by the General Synod of the Church of England to Amend the Clergy Pensions Measures 1961 to 1969.

[9th August 1972]

S-1 Added period of pensionable service.

1 Added period of pensionable service.

(1) Where a clerk retires on or after attaining the retiring age, having performed a qualifying period of pensionable service specified in the following table, that qualifying period shall be deemed, for the purposes of the Clergy Pensions Measures 1961 to 1969 and any rules made thereunder, to be increased by the additional period therein specified in respect of that qualifying period:—

Qualifying Period Additional Period

Period of not less than 37 years

3 years

Period of less than 37 years but not less than 33 12 years

2 years

Period of less than 33 12 years but not less than 30 years

1 year

(2) For the purpose of—

( a ) ascertaining under Part II of Schedule 1 to the principal Measure the rate of pension to which a clerk who retires under the retiring age by reason of infirmity would have been entitled in the circumstances therein mentioned;

( b ) ascertaining under section 10(1)( b ) of the principal Measure the pension to which a clerk who dies when not in receipt of a pension would have been entitled in the circumstances therein mentioned;

account shall be taken of any additional period of pensionable service that would have been added by virtue of the preceding subsection.

(3) This section shall apply in the case of clerks who retire or die on or after the date of the passing of this Measure, but not those who retire or die before that date.

S-2 Rates of pension.

2 Rates of pension.

(1) For the purposes of section 2(1) of the principal Measure (which enables the Commissioners to give directions for increasing the rates of pension payable generally or payable to any class of persons) the expression ‘class of persons’ shall not be limited to the classes for which different rates are prescribed under section 1 and Schedule 1 of the principal Measure, but shall be construed as including any description of persons, and in particular persons described by reference to the time when they became or become entitled to pensions under the principal Measure.

Any directions given by virtue of this subsection within six months after the passing of this Measure may provide that the directions shall have effect as from a date before the passing of this Measure but not before the 1st April 1972.

(2) In section 2(3) of the principal Measure (which provides for the payment of a supplementary pension to bring the income of a retired clerk up to a yearly rate determined by the Board with the concurrence of the Commissioners), for the words ‘shall authorise the Commissioners to pay to that clerk such supplementary pension as will bring his total income up to that yearly rate’ there shall be substituted the words ‘may authorise the Commissioners to pay to that clerk such supplementary pension, not exceeding the amount needed to bring his total income up to that yearly rate, as the Board may determine in accordance with general directions of the Commissioners’.

(3) Where a clerk is in receipt of a supplementary pension at the passing of this Measure, the Board shall not reduce that pension below the rate at which it would have been if section 2(3) had remained in its previous form and the yearly rate of income last determined thereunder before the passing of this Measure had remained in force.

S-3 Medical review in cases of disability pensions.

3 Medical review in cases of disability pensions.

(1) A decision of the Board under section 3 of the principal Measure entitling a clerk to a pension on the ground that he has become incapable through infirmity of performing the duties of his office, shall be made subject to a condition that further medical evidence may subsequently be required by the Board from time to time as they may direct.

(2) If the clerk fails to comply with such a condition or the Board are satisfied after considering further medical evidence that the clerk has become capable of performing pensionable service, they may suspend or reduce the pension as they think fit:

Provided that, if subsequently they are satisfied after considering further medical evidence that he is incapable through infirmity of performing pensionable service, he shall be deemed to have retired again and section 4(3) of the principal Measure shall apply as it applies on the second retirement of a clerk whose pension is suspended or reduced under that section.

(3) The right of appeal under section 3(2) of the principal Measure shall extend to any decision of the Board to suspend or reduce a pension under this section.

S-4 Pensions for widows.

4 Pensions for widows.

(1) Section 10(1) of the principal Measure shall be amended as follows:—

( a ) after the words ‘to whom he was married for not less than five years’ there shall be inserted the words ‘and (in the case of a retired clerk) to whom he was married before his retirement, and who was being maintained by him at the time of his death’;

( b ) for the proviso there shall be substituted the following proviso:—

‘Provided that the Board...

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