Pensions (Miscellaneous Provisions) Act 1990
| Jurisdiction | UK Non-devolved |
| Citation | 1990 c. 7 |
(1) In section 3 of the after the words “own services” there shall be inserted the words “ , other than a relevant injury pension,” ; andat 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,” .subsection (3) of that section (conditions for increase of certain derivative and substituted pensions) is hereby repealed;in subsection (6) of that section for the words “as mentioned in subsection (3) (d) above” there shall be substituted the words “ for a trade, profession or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” ; andin subsection (8) of that section, for the words “or (3) (a) above, or in both,” there shall be substituted the word “ above” .(4) There shall be added at the end of that section—“ (without rendering further reckonable service) ” .(3) After that subsection there shall be inserted—“ (a) ” and after the word “retirement) ” there shall be inserted the words“ (without rendering further reckonable service) ” , andwith the addition after that paragraph of the words—The following subsection shall be added at the end of section 9 of the Increase Act (gratuities and lump sums) — a lump sum beginning after the coming into force of this subsection, or an instalment of such a lump sum, is paid, butthe amount of that lump sum or instalment is subsequently recalculated, andin consequence of the recalculation, an additional amount becomes payable by way of lump sum,(1) In section 9 of the
- “(9) On and after 1st January 1993 paragraph (c) of subsection (2) above shall have effect only to the extent provided by subsections (10) and (11) below.
- (10) Where, immediately before 1st January 1993, a woman is in receipt of a pension which has been increased under this Part of this Act by virtue of paragraph (c) of subsection (2) above, that paragraph shall continue to have effect in relation to that woman and that pension until such time as the pension falls to be increased under this Part of this Act in consequence of any other provision of that subsection.
- (11) In any case where—
- (a) a woman’s pension commences on or after 1st January 1993, and
- (b) on the day on which the pension commences she has not attained the age of 55, paragraph (c) of subsection (2) above shall have effect in relation to that woman and so much of the pension as is referable to service rendered before 1st January 1993 until such time as the pension falls to be increased under this Part of this Act in consequence of any other provision of that subsection.
- and
- (c) a relevant injury pension payable by virtue of the acceptance of less favourable terms and conditions of employment is to be deemed to begin on the day on which the employment on less favourable terms and conditions begins.
- “relevant injury pension” means—
- (a) a pension paid to a person in respect of his absence from work by reason only of an injury sustained, or disease contracted, by him in the course of the employment by virtue of which his entitlement to the pension arises; or
- (b) a pension paid to a person in respect of his having accepted less favourable terms and conditions of employment by reason of ill-health suffered by him in consequence of an injury so sustained or a disease so contracted; but does not include any pension the rate of which is periodically recalculated by reference to the rate of the salary which the pensioner could reasonably be expected to have received had he not sustained the injury or contracted the disease in question;
- “(2A) In subsection (2) above “reckonable service”, in relation to a person and his official pension, means service which falls to be taken into account in calculating the basic rate of the pension.
- or
- (b) by reference to a rate of emoluments (whether actual emoluments or not and whether final or average emoluments) and a period of service of the person who was or, had he survived, would have been the pensioner in relation to such a principal pension,
- and in paragraph (b) above “reckonable service”, in relation to a person and his pension, means service which falls to be taken into account in calculating the basic rate of the pension.
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