The Transfer of State Pensions and Benefits (Amendment) Regulations 2010

JurisdictionUK Non-devolved
CitationSI 2010/1825

2010 No. 1825

Social Security

The Transfer of State Pensions and Benefits (Amendment) Regulations 2010

Made 15th July 2010

Laid before Parliament 20th July 2010

Coming into force 1st November 2010

The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 19721in relation to—

(a) rights in respect of state pensions and benefits of members of the pension scheme provided for officials and servants of the EU2; and

(b) changes in terminology or numbering arising out of the Treaty of Lisbon amending the Treaty on European Union and the Treaty Establishing the European Community signed at Lisbon on 13th December 20073.

These Regulations make provision for a purpose mentioned in section 2(2) of that Act and it appears to the Secretary of State that it is expedient for a reference to an Article of, or an Annex to, Council Regulation (EEC, Euratom, ECSC) No. 259/684to be construed as a reference to that Article or Annex as amended from time to time.

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of, as read with paragraph 1A of Schedule 2 to, that Act5.

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Transfer of State Pensions and Benefits (Amendment) Regulations 2010 and shall come into force on 1st November 2010.

Amendment of the Transfer of State Pensions and Benefits Regulations 2007

Amendment of the Transfer of State Pensions and Benefits Regulations 2007

S-2 The Transfer of State Pensions and Benefits Regulations 2007 ...

2. The Transfer of State Pensions and Benefits Regulations 20076are amended as follows.

S-3 Regulation 1 (citation, commencement and interpretation) is...

3.—(1) Regulation 1 (citation, commencement and interpretation) is amended in accordance with this regulation.

(2) In paragraph (2) (interpretation)—

(a)

(a) omit the definitions of “the Communities’ scheme”, “the 1992 Act” and “relevant benefit”;

(b)

(b) before the definition of “guarantee date” insert—

““the 1992 Acts” means—

(a) the Social Security Contributions and Benefits Act 19927; and

(b) the Social Security Contributions and Benefits (Northern Ireland) Act 19928;

“active employment” has the same meaning as in Article 36 of the Council Regulation;

“the Council Regulation” means Council Regulation (EEC, Euratom, ECSC) No.259/68 laying down staff regulations of officials and the conditions of employment of other servants of the European Union;

“the EU scheme” means the pension scheme provided for officials of EU institutions in accordance with Articles 77 to 84 of, and Annex VIII to, the Council Regulation;”;

(c)

(c) after the definition of “guarantee date” insert—

““leave on personal grounds” has the same meaning as in Article 40 of the Council Regulation;

“relevant benefit” means—

(a) graduated retirement benefit under—

(i) sections 36 and 37 of the National Insurance Act 19659; and

(ii) sections 35 and 36 of the National Insurance Act (Northern Ireland) 196610;

(b) any benefit under Parts 2 to 5 and 10 of the 1992 Acts;

(c) contribution-based jobseeker’s allowance under—

(i) Part 1 of the Jobseekers Act 199511; and

(ii) Part 2 of the Jobseekers (Northern Ireland) Order 199512;

(d) contributory employment and support allowance under—

(i) Part 1 of the Welfare Reform Act 200713; and

(ii) Part 1 of the Welfare Reform Act (Northern Ireland) 200714;

“secondment” has the same meaning as in Articles 37 to 39 of the Council Regulation;”;

(d)

(d) in the definition of “transferor”, for “the Communities’ scheme” substitute “the EU scheme”.

(3) After paragraph (2) insert—

S-2A

“2A References in these Regulations to an Article of, or an Annex to, the Council Regulation are references to that Article or Annex as amended from time to time.”.

(4) Omit paragraph (3).

S-4 Regulation 2 (transferable rights) is amended in accordance...

4.—(1) Regulation 2 (transferable rights) is amended in accordance with this regulation.

(2) In paragraph (1)—

(a)

(a) for “paragraph (2)” substitute “paragraphs (2) to (2B)”;

(b)

(b) in sub-paragraph (a), for “the 1992 Act” substitute “the 1992 Acts”;

(c)

(c) in sub-paragraph (c), after “Act 1965” insert “and the National Insurance Act (Northern Ireland) 1966”15.

(3) In paragraph (2)—

(a)

(a) in sub-paragraph (a)(i), for “the 1992 Act” substitute “the 1992 Acts”;

(b)

(b) in sub-paragraph (a)(ii), for “that Act” substitute “those Acts”;

(c)

(c) in sub-paragraph (b), after “Act 1992” insert “and section 142 of the Social Security Administration (Northern Ireland) Act 199216.

(4) After paragraph (2) insert—

S-2A

“2A Paragraph (1) does not include any such rights which are referable to the period specified in paragraph (2B).

S-2B

2B The period referred to in paragraph (2A) is the period commencing on the date on which the person begins active employment as an official of the EU and ending on the date on which the person ceases such employment, excluding any period of—

(a) secondment; or

(b) leave on personal grounds.”.

(5) In paragraph (3)—

(a)

(a) after “Regulations 1979” insert “and regulation 6(1) of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979”17; and

(b)

(b) for “the paragraph” substitute “each of those paragraphs”.

S-5 In regulations 3 and 6 to 9, for “the Communities’ scheme”,...

5. In regulations 3 and 6 to 9, for “the Communities’ scheme”, wherever those words occur, substitute “the EU scheme”.

S-6 In regulation 8, for “the 1992 Act”, wherever those words...

6. In regulation 8, for “the 1992 Act”, wherever those words occur, substitute “the 1992 Acts”.

Revocation of the Transfer of...

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