The Pensions (Polish Forces) Scheme (Amendment) Order 2009
| Jurisdiction | UK Non-devolved |
| Citation | SI 2009/436 |
| Year | 2009 |
2009 No. 436
Pensions
The Pensions (Polish Forces) Scheme (Amendment) Order 2009
Made 2nd March 2009
Coming into force 6th April 2009
The Secretary of State, with the consent of the Treasury, makes the following Order in exercise of the powers conferred by section 1 of the Polish Resettlement Act 19471and now vested in him2:
Citation, commencement and interpretation
1.—(1) This Order may be cited as the Pensions (Polish Forces) Scheme (Amendment) Order 2009 and shall come into force on 6th April 2009.
(2) In this Order “the Scheme” means the Pensions (Polish Forces) Scheme 19643and a reference to a numbered article is a reference to the article in the Scheme which bears that number.
Amendments to the Scheme
2. The Scheme is amended as follows.
Amendments to article 11 (awards not payable to or in respect of persons in Poland)
3. Article 11 is amended as follows—
(a) for the heading substitute “Residence in Poland prior to 1st May 2004”;
(b) for “is resident in Poland or, since the termination of the service of the member of the Polish forces concerned, has been or has become so resident,” substitute “was resident in Poland at any time prior to 1st May 2004 or, since the termination of the service of the member of the Polish forces concerned, was or became so resident at any time prior to 1st May 2004,”;
(c) in the final sentence for “during which that person is not resident in Poland.” substitute “prior to 1st May 2004 during which that person was not resident in Poland.”.
Insertion of article 11A
4. After article 11 insert—
“Residence in Poland on or after 1st May 2004
11A.—(1) This article applies in the circumstances specified in paragraphs (2) and (3).
(2) This paragraph applies where—
(a)
(a) a person (“A”) or (“B”) became resident in Poland in the relevant period, and payment of a pension or allowance, or both, to A or B was terminated in accordance with article 11 as in force prior to 6th April 2009; or
(b)
(b) A made a new claim in the relevant period, and a pension, allowance or gratuity was not awarded due to article 11 as in force prior to 6th April 2009.
(3) This paragraph applies where—
(a)
(a) a member of the Polish forces died at any time in the relevant period;
(b)
(b) the member’s death was due to service; and
(c)
(c) a pension or allowance, or both, which would have been payable to B following the member’s death, was not awarded due to article 11 as in force prior to 6th April 2009.
(4) Payment of the pension or allowance, or both, shall commence or recommence, as the case may be, on 6th April 2009, and any amount which would have been payable to A or B during the appropriate period shall be paid at the applicable rate.
(5) Where sub-paragraph (2)(b) applies and a gratuity is awarded, it shall be paid at the rate in force on 6th April 2009.
(6) Where A or B dies—
(a)
(a) in the relevant period; or
(b)
(b) after the relevant period but before payment of a pension, allowance or gratuity payable by virtue of paragraphs (4) or (5) is made
payment shall be made to the designated person whose receipt shall be a good discharge to the Secretary of State of the sum due.
(7) No pension or allowance is payable in respect of any period after the death of A or B.
(8) In this article—
(a)
(a) “A” means a member of the Polish forces;
(b)
(b) “applicable rate” means the rates of pension or allowance in force during the appropriate period;
(c)
(c) “appropriate...
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