Clergy Pensions (Older Incumbents) Measure, 1930
| Jurisdiction | UK Non-devolved |
| Citation | measure 1930 No. 6 |
| Year | 1930 |
Clergy Pensions (Older Incumbents) Measure, 1930
(20 & 21 Geo. 5.)
A MEASURE passed by the National Assemblyof the Church of England.
To establish a system of Pensions for Older Incumbents, and for that purpose to amend the Incumbents Resignation Acts, 1871 and 1887, and the Clergy Pensions Measures, 1926 to 1928.
[4th June 1930]
1 Older incumbents' pensions.
(1) In this Measure the expression ‘older incumbent’ shall mean every incumbent of a benefice and archdeacon the fifty-fifth anniversary of whose birth occurred before the first day of January, nineteen hundred and twenty-seven.
(2) Subject to the provisions of this Measure, every older incumbent who retires from his benefice or office on or after the appointed day, shall be entitled to receive during the remainder of his life a pension (in this Measure referred to as ‘an older incumbent's pension’) to be provided, in manner laid down by this Measure, either
(i) wholly under the Incumbents Resignation Acts, 1871 and 1887 (in this Measure referred to as ‘the Resignation Acts’) as amended by this Measure; or
(ii) partly under the Resignation Acts as so amended, and partly by the Church of England Pensions Board (in this Measure referred to as ‘the pensions authority’); or
(iii) wholly by the pensions authority.
(3) The pensions authority shall at any time at the request of an older incumbent furnish him with all estimate of the amount of the older incumbent's pension to which he will become entitled upon his retirement.
2 Amendment of Incumbents Resignation Acts, 1871 and 1887.
(1) On and after the appointed day the Resignation Acts shall continue to have effect but subject to the following modifications (that is to say):—
(i) an older incumbent who desires to retire from his benefice under the provisions of the Resignation Acts shall give notice to the bishop and, if the bishop shall consent in writing to his so doing, shall make a representation to the pensions authority in the form contained in Part I of the First Schedule to this Measure, and such representation shall be substituted for the representation to the bishop provided for by the Resignation Acts;
(ii) an older incumbent may assign as the ground of his desire to retire under the provisions of the Resignation Acts that he is incapacitated from the due performance of his duties either by permanent mental or bodily infirmity or by old age;
(iii) the pensions authority shall, except in cases where by reason of the provisions of this Measure no commission under the Resignation Acts can be issued or is required, transmit the representation to the bishop with a view to the issue, if the bishop see fit, of a commission under the Resignation Acts;
(iv) no commission shall be issued or pension allowed under the Resignation Acts in respect or out of the revenues of any benefice, the annual value of which does not in the opinion of the pensions authority exceed three hundred pounds;
(v) subject to the provisions of this Measure, the amount of a pension allowed under the Resignation Acts shall be such a sum as—
(vi) the declaration of the bishop declaring a benefice void subject to the payment of a pension under the Resignation Acts shall be in the form contained in Part II of the First Schedule to this Measure, and shall be signed in quadruplicate, and one copy thereof shall be transmitted by the bishop to the pensions authority;
(vii) where upon the retirement of an older incumbent the union of the benefice from which he retires with another benefice, not being a benefice already subject to a pension under the Resignation Acts or to a charge under section twenty-seven of the Clergy Pensions Measure, 1926, will take effect pursuant to an Order in Council made before such retirement—
(viii) any charge upon the revenues of a benefice or right to recover money as a debt from the incumbent thereof arising under a declaration of the bishop signed on or after the appointed day shall vest in the pensions authority in trust for the retired clerk concerned;
(ix) the pensions authority shall give notice to the Ecclesiastical Commissioners and to Queen Anne's Bounty of any charge upon the revenues of a benefice vested in the pensions authority under this Measure, and the Ecclesiastical Commissioners and Queen Anne's Bounty respectively shall in any case where the income of the benefice charged includes any augmentation, grant, payment in respect of tithe rent-charge or other moneys payable by the said Commissioners or Queen Anne's Bounty apply the same, if and so far as the pensions authority shall so require, in or towards satisfaction of such charge; and
(x) in any case where the annual value of the benefice resigned is less than 525, the expenses incurred by or with the sanction or by the direction of the pensions authority of carrying the provisions of the Resignation Acts into execution shall be defrayed by the pensions authority.
(2) The Resignation Acts shall also be amended and repealed for all purposes in manner and to the extent set out in the Third Schedule to this Measure.
3 Pensions paid partly or wholly by pensions authority.
(1) Subject to the provisions of this Measure, the pensions authority shall, in any case where a pension has been allowed under the Resignation Acts as amended by this Measure of less than 175, pay to the retired older incumbent in receipt of such pension such an annual sum as will make up such pension to—
(i) 175, where the annual value of the benefice resigned by him is 400 or more;
(ii) 150, where such annual value is 310 or less;
(iii) 150, with a further addition of 5 for every complete 20 by which such annual value exceeds 310, where such annual value exceeds 310 but is less than 400;
and such pension and such annual sum shall together constitute an older incumbent's pension for the purposes of this Measure.
(2) The pensions authority shall also, but subject to the provisions of this Measure, pay an older incumbent's pension of 150 to every retired older incumbent who retires from a benefice on or after the appointed day under such circumstances that, in the opinion of the pensions authority, he would upon retirement have entered upon the receipt of an older incumbent's pension provided wholly or partly under the Resignation Acts as amended by this Measure, but for any one or more of the following facts (that is to say):—
(i) the fact that he had not held his benefice for seven years continuously before retirement;
(ii) the fact that the annual value of such benefice did not, in the opinion of the pensions authority, exceed 300;
(iii) the fact that such benefice was already subject to a pension under the Resignation Acts or to a charge under section twenty-seven of the Clergy Pensions Measure, 1926; or
(iv) the fact that such benefice was in the Isle of Man:
Provided that—
( a ) in order to qualify for an older incumbent's pension of 150 payable under this subsection an older incumbent must either have served as a clerk in Holy Orders for at least twenty years, or have held his benefice for seven years continuously before retirement;
( b ) in computing service for the purposes of this subsection any period of ecclesiastical service under any civil or other authority upon the termination of which the older incumbent concerned entered upon the receipt of a pension granted in respect of such service shall be excluded; and
( c ) paragraphs (i) and (ii) of subsection (1) of section two of this Measure shall apply with the necessary modifications to an older incumbent who desires to retire from his benefice under the provisions of this subsection.
(3) The pensions authority shall also, but subject to the provisions of this Measure, pay an older incumbent's pension of 150 to every retired older incumbent who—
(i) being an archdeacon is not the holder of the benefice or of a canonry within the meaning of the Deans and Canons Resignation Act, 1872 ;
(ii) represents to the bishop that he desires to retire on the ground that he is incapacitated by permanent mental or bodily infirmity or by old age, from the due performance of his duties;
(iii) receives the consent in writing of the bishop to his retirement; and
(iv) retires on or after the appointed day.
4 Cases of retirement between 31st December, 1928, and the appointed day.
(1) In any case where an older incumbent—
(i) retired from a benefice after the thirty-first day of December, nineteen hundred and twenty-eight, but before the appointed day;
(ii) would, in the opinion of the pensions authority, have been entitled, if he had retired on or after the appointed day, to an older incumbent's pension; and
(iii) before the expiration of a period of two years commencing on the appointed day makes an application to the pensions authority in such form as the pensions authority may require;
the pensions authority shall, subject to the provisions of this Measure, pay to him as from the date on...
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