Statutory Instrument 1991 No. 609

The Parliamentary Pensions (Amendment) Regulations 1991

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© Crown Copyright 1991

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1991 No. 609

PARLIAMENT

The Parliamentary Pensions (Amendment) Regulations 1991

The Leader of the House of Commons, in exercise of the powers conferred on him by section 2(1) and (4) of the Parliamentary and other Pensions Act 1987^[1] , with the consent of the Treasury, and after consultation with the trustees of the Parliamentary Contributory Pension Fund and with such persons as appeared to him to represent persons likely to be affected by the Regulations, hereby makes the following Regulations:

Citation and commencement
    1.    These Regulations may be cited as the Parliamentary Pensions (Amendment) Regulations 1991 and shall come into force on 2nd April 1991.

Interpretation
    2.    In these Regulations, unless the context otherwise requires:

    (1)  "the 1972 Act" means the Parliamentary and other Pensions Act 1972^[2] as amended by the Parliamentary and other Pensions and Salaries Act 1976^[3] , the Parliamentary Pensions Act 1978^[4] and the Parliamentary Pensions Etc. Act 1984^[5] .

    (2)  Expressions used in these Regulations have the meaning which they bear in the existing enactments as defined in paragraph 5 of Schedule 2 to the Parliamentary and other Pensions Act 1987.

Maximum pension
    3.    In section 3 of the 1972 Act (contributions from Parliamentary remuneration) after subsection (7) there shall be inserted:
"  (8)  Where on or after 2nd April 1991 a person's aggregate period of reckonable service as a Member (increased where appropriate by the addition of any period under section 22(3) of this Act or by the purchase of added years by virtue of section 11 of the Act of 1978) exceeds that which would give rise to the maximum pension allowed in respect of that person under section 7(3A) of this Act, and that Member has not attained the age of 65, no deduction shall be made from his salary under this section."

Early retirement
    4.    In section 7 of the 1972 Act after subsection (4A) there shall be inserted:
"  (4B)  Where on or after 2nd April 1991 a person who
(a) is a Member of the House of Commons and ceases to be a Member of that House;

(b) has attained the age of fifty years; and

(c) has been a Member of that House for a period of not less than fifteen years, or for two or more periods amounting in the aggregate to not less than fifteen years (hereinafter referred to in respect of a person as his"qualifying period" ), applies in writing to the trustees for an immediate pension under this section, then, if the trustees are satisfied that he does not intend to stand for re-election to that House, he shall be entitled to receive a pension under this section as if he had attained the age of 65 years on the date of his application or, if later, such other date as may be there specified; but the annual amount of the pension to which he is so entitled, both before and after he attains the age of 65 years, shall (subject to sections 11 and 31 of this Act) be an amount calculated in accordance with Schedule 5 to this Act.


    (4C)  For the purposes of subsection (4B)(c) of this section service of a person as a Member of the Parliament of the European Communities, whether rendered before or after 2nd April 1991, may count towards his qualifying period to the extent that it is not concurrent with service as a Member of the House of Commons."

    5.    After Schedule 4 to the 1972 Act there shall be inserted:

[1] 1987 c. 45. back

[2] 1972 c. 48. back

[3] 1976 c. 48. back

[4] 1978 c. 56. back

[5] 1984 c. 52. back

Explanatory Note