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PART H
EARLY RETIREMENT AND EARLY ABATED PENSIONS
Early retirement for members
H1.
- (1) Where a person who-
(a) has ceased to be a member of the Parliament;
(b) is not the holder of a qualifying office;
(c) has attained the age of 50; and
(d) has an actual period of reckonable service as a participating member which amounts to not less than 15 years (hereinafter referred to in respect of a person as his "qualifying period"),
applies in writing to the Parliamentary corporation for an immediate pension under this article then, if the Parliamentary corporation is satisfied that he does not intend to stand for re-election to the Parliament, he shall be entitled to receive a pension under article F1 as if he had attained the age of 65 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, shall (subject to Part G (commutation)) be an amount calculated in accordance with article F3 and abated in accordance with Schedule 4.
(2) For the purposes of this article service of a person as a member of the European Parliament or as a member of the House of Commons may count towards his qualifying period to the extent that it is not concurrent with service as a member of the Parliament.
Early retirement for office holders who have been members
H2.
A person who is entitled to receive a pension under article H1 who is or has been a participating office holder shall (subject to Part G (commutation)) be entitled also to receive a pension under article F2 calculated in accordance with article F3 and abated in accordance with Schedule 4 and payable from the same date as the pension payable under article H1.
PART J
ILL-HEALTH PENSIONS
Ill-health pensions based on service as a participant
J1.
- (1) A participant who because of ill-health-
(a) ceases to be a participating member before attaining the age of 65 years; or
(b) while not a member of the Parliament but while having a period of reckonable service as a participating member ceases to be a participating office holder before attaining that age,
may apply to the Parliamentary corporation for an early pension under article F1 if at the time when he so ceases ("the material time") he would have become entitled to receive a pension under that article but for his not having attained the age of 65.
(2) A participant who because of ill-health-
(a) ceases to be a participating member before attaining the age of 65; or
(b) while not a member of the Parliament ceases to be a participating office holder before attaining that age,
may apply to the Parliamentary Corporation for an early pension under article F2 if at the time when he so ceases ("the material time") he would have become entitled to receive a pension under that article but for his not having attained the age of 65.
(3) If on an application under paragraph (1) or (2) the Parliamentary corporation is satisfied-
(a) so far as is applicable, that the applicant does not intend to seek re-election to the Parliament or to accept any future offer of a qualifying office;
(b) that his ceasing as mentioned in paragraph (1)(a) or (b) was a direct consequence of his ill-health; and
(c) that his ill-health is such as would prevent him from performing adequately the duties of a member of the Parliament,
the applicant shall be entitled to receive a pension under article F1 or F2, as the case may be, as from the material time.
(4) A person who, if he were to cease as mentioned in paragraph (1)(a) or (b) or (2)(a) or (b) at a particular time in the future because of ill-health, would become entitled to make an application under the relevant paragraph, may make such an application before that time, specifying in it the time when he proposes so to cease, and where on such an application the Parliamentary corporation is satisfied that, if the applicant so ceases at the time specified therein, he will be entitled under paragraph (3) to receive a pension under article F1 or F2, as appropriate, as from that time, it shall give him notice in writing to that effect.
(5) The annual amount of a pension payable under article F1 or F2 to a person by virtue of this article shall (subject to Part G (commutation)) be calculated in accordance with article F3; but for the purposes of calculating his pension under article F1 his actual period of reckonable service as a participating member shall be increased by a period equal to the period between his ceasing as mentioned in paragraph (1)(a) or (b) and the time when he would attain the age of 65.
(6) For the purposes of this article-
(a) a person who has ceased to be a participating member in consequence of the dissolution of the Parliament shall be treated as having so ceased because of ill-health if, but only if, he satisfies the Parliamentary corporation that as a direct consequence of his ill-health he did not seek re-election to the Parliament after the dissolution; and
(b) a person who has, while not a member of the Parliament, ceased to be a participating office holder because of the result of a general election consequent upon the dissolution of the Parliament shall be treated as having so ceased as a direct consequence of his ill-health if, but only if, he satisfies the Parliamentary corporation that on the day of the poll in that election his ill-health was such as would prevent him from performing adequately the duties of a member of the Parliament.
Ill-health pensions for former members or office holders
J2.
- (1) A person who because of ill-health has, while neither a member of the Parliament nor a candidate for election to it nor an office holder, retired from gainful work before attaining the age of 65 may apply to the Parliamentary corporation for an early pension under article F1 or F2, if at the time when he so retired he would have become entitled to receive a pension under article F1 or F2, as the case may be, but for his not having attained the age of 65.
(2) If on an application under this article the Parliamentary corporation is satisfied-
(a) that the applicant does not intend to seek election to the Parliament or to accept any future offer of a qualifying office;
(b) that his retirement from gainful work was a direct consequence of his ill-health; and
(c) that his ill-health is such as would prevent him from performing adequately the duties of a member of the Parliament,
the applicant shall, as from the date on which the Parliamentary corporation is so satisfied, be entitled to receive a pension under the relevant article.
(3) Where an application is made under this article, the Parliamentary corporation shall by notice in writing inform the applicant whether it is so satisfied as mentioned in paragraph (2) and, if it is so satisfied, shall state the date as from which the pension payable to him by virtue of this article is payable in accordance with that paragraph.
(4) In this regulation "gainful work" means work under a contract of employment, or as the holder of an office, or as a self-employed person engaged in a business or profession, being in any case work from which the person concerned gains the whole or a substantial part of his income.
Medical evidence
J3.
- (1) Every application under Part J must be accompanied by evidence from a medical practitioner of the applicant's state of health.
(2) In the case of any such application the Parliamentary corporation may require the applicant to undergo a medical examination by a medical practitioner nominated by it for the purpose; and the fees for any such examination shall be borne by the Parliamentary corporation or the applicant, as the Parliamentary corporation may determine.
PART K
SURVIVING SPOUSES AND CHILDREN
Pensions for surviving spouses
K1.
- (1) Subject to the following provisions of this article, the surviving spouse of a person who was at the time of his death a participant, a pensioner or a deferred pensioner shall be entitled to receive a pension under this article.
(2) The annual amount of a pension payable under this article shall be five-eighths of the basic or prospective pension or pensions of the deceased.
(3) Subject to paragraphs (4) and (5), a pension payable under this article shall continue for the surviving spouse's life or until her remarriage; but in the case of remarriage the Parliamentary corporation may, if it thinks fit, at any time direct that the pension shall be restored if satisfied that the subsequent marriage has been terminated or that there are exceptional reasons for the payment of the pension notwithstanding the subsistence of that marriage.
(4) Subject to paragraph (5), no pension shall be payable under this article to a surviving spouse who, at the deceased's death, was cohabiting with another person; and if a surviving spouse entitled to such a pension cohabits with another person, the pension shall cease to be payable:
Provided that the Parliamentary corporation may, if it thinks fit, direct that the pension shall be paid or restored, as the case may be, if satisfied that the cohabitation has been terminated or that there are exceptional reasons for the payment of the pension notwithstanding that the cohabitation continues.
(5) For any period as specified in section 17(5) of the Pension Schemes Act 1993 (period for which Category B retirement pension etc is or would be payable) the surviving spouse of a person shall, notwithstanding paragraphs (3) and (4), be entitled to a pension under this article.
(6) Where a person dies in circumstances in which, apart from this paragraph, a surviving spouse's pension calculated in accordance with paragraph (2) would be payable to someone married to him within the period of six months ending with his death and it appears to the Parliamentary corporation that his death within six months was to be foreseen by him at the date of the marriage, then if-
(a) there are no children of that marriage; and
(b) the couple were married after the termination of the person's service in contracted-out employment in respect of which the surviving spouse's pension is payable,
the Parliamentary corporation may direct that all or any part of the surviving spouse's pension, as it thinks fit, shall not be payable.
Pensions for children
K2.
- (1) Subject to the provisions of this article, if a participant, pensioner or deferred pensioner dies leaving one or more eligible children, a children's pension shall be payable for their benefit.
(2) The annual amount of a children's pension shall be-
(a) a sum equal to one quarter of the basic or prospective pension or pensions of the deceased if there is one eligible child or, if there is more than one, a sum equal to three-sixteenths of the basic or prospective pension or pensions of the deceased for each eligible child not exceeding two; or
(b) where the deceased left a surviving spouse who has since died, a sum equal to five-sixteenths of the basic or prospective pension or pensions of the deceased for each eligible child not exceeding two.
(3) A children's pension shall be paid to or distributed between such person or persons as the Parliamentary corporation may from time to time direct, and shall be applied by that person or those persons, without distinction, for the benefit of the eligible child or children of the deceased or such of them as the Parliamentary corporation may from time to time direct.
(4) For the purposes of this article, the eligible child of a deceased person is-
(a) a child of the deceased's marriage or his adopted child; or
(b) a child who was wholly or mainly dependent on the deceased at the time of his death.
(5) For the purposes of this article, a person counts as a child only if-
(a) he is aged under 17;
(b) he is aged under 22 and since he became 17 he has been engaged continuously in full-time education or in training for a trade, profession or vocation; or
(c) he is physically or mentally incapacitated and became so whilst a child within sub-paragraph (a) or (b).
(6) If the Parliamentary corporation wishes, it may treat education or training as continuous despite a break.
Death in service of participating member
K3.
- (1) Where a participating member has died, paragraph (2) and article K4 (so far as applicable) shall apply if his surviving spouse is entitled to receive a pension under article K1 or if a children's pension is payable under article K2 for the benefit of any eligible child or children of his.
(2) If the deceased died before attaining the age of 65, the annual amount of any pension payable to his surviving spouse under article K1, or for the benefit of any eligible child or children of his under article K2, shall be calculated as if he had immediately before his death ceased because of ill-health to be a member of the Parliament and had by virtue of article J1 been entitled to receive a pension under article F1 as from the time when he so ceased.
Enhancement of initial surviving spouses' pensions
K4.
- (1) In this article "the three month period", in relation to a person who has died, means the period of three months beginning with the day following the date of his death.
(2) Where the surviving spouse of a person who-
(a) has been a participating member; and
(b) was at the time of his death a pensioner member,
is entitled to receive a pension under article K1, paragraphs (3) and (4) shall apply.
(3) If, for any part of the three month period, the aggregate of the following amounts, namely:-
(a) the amount payable to the surviving spouse by way of pension under article K1 apart from this paragraph; and
(b) any amount which (by direction of the Parliamentary corporation under article K2(3)) is payable to the surviving spouse by way of pension under article K2 for the benefit of any eligible child or children of the deceased,
is less than the amount mentioned in paragraph (4), then for that part of that period the amount payable to the surviving spouse by way of pension under article K1 shall be increased by the difference.
(4) The said amount is the amount which, if the deceased had lived, would have been payable to him for the part of the three month period in question by way of pension under one or both of articles F1 and F2.
(5) Where a participating member has died, paragraphs (6) and (7) (so far as applicable) shall apply if his surviving spouse is entitled to receive a pension under article K1 or if a children's pension under article K2 is payable for the benefit of any eligible child or children of his.
(6) If, for any part of the three month period, the aggregate of the following amounts, namely:-
(a) the amount payable to the deceased's surviving spouse by way of pension under article K1 apart from this paragraph; and
(b) any amount which (by direction of the Parliamentary corporation under article K2(3)) is payable to the surviving spouse by way of pension under article K2 for the benefit of any eligible child or children of the deceased,
is less than the amount mentioned in paragraph (7), then for that part of that period the amount payable to the surviving spouse by way of pension under article K1 shall be increased by the difference.
(7) The said amount is the amount which would have been payable to the deceased for the part of the three month period in question if-
(a) the deceased had lived and had at the material time become entitled to a pension under article F1; and
(b) the annual amount of that pension had been a sum equal to a member's salary at the rate in force at the material time.
(8) In paragraph (7) "the material time" means the date of the deceased's death.
(9) The preceding provisions of this article are without prejudice to paragraphs (3), (4) and (6) of article K1 (duration of surviving spouse's pension and restrictions on payment).
Meaning of "basic or prospective pension or pensions"
K5.
- (1) In this Order "basic or prospective pension or pensions" means-
(a) in relation to a participant who has died, the annual amount of the pension or pensions specified in whichever of the following paragraphs apply to him:-
(i) where the deceased was or had been a participating member, the annual amount of the pension calculated in respect of him in accordance with article F3 or, if he died while a participating member before attaining the age of 65, the annual amount of the pension calculated in respect of him by virtue of article K3;
(ii) where the deceased was or had been a participating office holder, the annual amount of the pension, calculated in accordance with article F3, which he would have been entitled to receive under article F2, if immediately before his death he had fulfilled the conditions specified in sub-paragraphs (a) to (c) of article F1(1);
(b) in relation to a pensioner who has died, the annual amount of the pension or pensions which he received or was entitled to receive calculated in accordance with Part F, including an ill- health pension calculated in accordance with Part J: Provided that where the annual amount of which he was in receipt resulted from one or more reductions or abatements made under article G1 (commutation) or H1 or H2 (early retirement), no such reduction or abatement shall be made in calculating the annual amount of that pension or pensions for the purposes of this article;
(c) in relation to a deferred pensioner who has died, the annual amount of the pension or pensions specified in whichever of the following sub-paragraphs apply to him:-
(i) where the deceased was a former participating member, the annual amount of the pension, calculated in accordance with article F3, which he would have been entitled to receive under article F1 if he had ceased to be a member of the Parliament immediately before his death and he had then fulfilled the conditions specified in sub-paragraphs (a) to (c) of article F1(1);
(ii) where the deceased was a participating office holder, the annual amount of the pension, calculated in accordance with article F3, which he would have been entitled to receive under article F2 if immediately before his death he had fulfilled the conditions specified in sub-paragraphs (a) to (c) of article F1(1).
PART L
DEATH GRATUITIES
Gratuity on death in service
L1.
- (1) Where a participant has died the Parliamentary corporation may, if it thinks fit, grant a gratuity under this article in respect of him.
(2) A gratuity granted under this article in respect of a participant shall be granted-
(a) to the person or persons nominated in any nomination made by him for the purposes of this article which was in force at the time of his death; or
(b) if no such nomination was in force at that time or, pursuant to paragraph (4), to the extent that a nomination is treated as not being in force, to his executors.
(3) Where a participant nominates more than one person for the purposes of this article, he may also specify the proportion of the gratuity to be granted to each such person.
(4) The Parliamentary corporation shall treat a nomination made for the purposes of this section by any participant as not being in force at the time of the participant's death to the extent that-
(a) any person nominated was the participant's spouse at the time the nomination was made but has subsequently ceased to be the participant's spouse; or
(b) it is of the opinion that the payment of the gratuity to any person nominated is not reasonably practicable in all the circumstances.
(5) A nomination for the purposes of this article shall be made, and may be revoked, by a notice in writing given to the Parliamentary corporation; and such a notice shall be in such form as the Parliamentary corporation may require.
(6) The amount of a gratuity granted under this article in respect of a participant shall be the greater of-
(a) the amount equal to three times his salary at the time of his death; and
(b) the aggregate of the contributions paid by that participant, and not refunded to him, together with interest on each such contribution from the date on which it was paid,
but shall be subject to an overall maximum of three times the permitted maximum.
(7) In paragraph (6) "salary" has the same meaning as in article D1(2).
Gratuity on death after retirement
L2.
- (1) Where a pensioner dies and no pension in respect of him is payable under article K1 or K2, the Parliamentary corporation may, if it thinks fit, but subject to paragraph (2), grant to his executors a gratuity under this article.
(2) The Parliamentary corporation shall not grant a gratuity under this article if the amount of any such gratuity would be less than the amount of any lump sum or the aggregate of any lump sums payable by virtue of article M4(2) or M7.
(3) For the purpose of determining the amount of a gratuity which may be granted in respect of a pensioner under this article, there shall be calculated-
(a) the amount of the gratuity which the Parliamentary corporation could have granted to his executors under article L1 if he had died at a time when he was a participant (but disregarding any office holder's salary to which he was then entitled); and
(b) the aggregate amount of the payments made to him by way of pension under Part F, H or J together with any lump sum paid to him under article G1,
and the amount of the gratuity shall be the amount (if any) by which the amount calculated under sub-paragraph (a) exceeds the amount calculated under sub-paragraph (b) of this paragraph.
PART M
FIVE YEAR GUARANTEE
Entitlement
M1.
- (1) Articles M2 to M6 shall apply in respect of a deceased pensioner member whose actual period of reckonable service is only as a participating member.
(2) Article M7 shall apply in respect of a deceased pensioner whose actual period of reckonable service includes service as a participating office holder.
Guarantees for surviving spouses
M2.
- (1) Where a pensioner member dies during the pensioner member's five year period and is survived by his spouse, paragraphs (2) to (5) shall apply.
(2) If for any part of the pensioner member's five year period, the aggregate of the following amounts namely:-
(a) the amount payable to the surviving spouse by way of pension under article K1 apart from this paragraph (including any enhancement payable under article K4); and
(b) any amount which (by direction of the Parliamentary corporation under article K2(3)) is payable by way of pension under article K2 for the benefit of any eligible child or children of the deceased pensioner member,
is less than the amount mentioned in paragraph (3), then for that part of that period the difference shall be payable to the surviving spouse.
(3) The said amount is the amount which, if the deceased pensioner member had lived, would have been payable to him for the part of the pensioner member's five year period in question by way of pension under article F1 (including an early retirement pension or an ill-health pension payable by virtue of article H1, J1 or J2).
(4) If the surviving spouse of the deceased pensioner member dies during the pensioner member's five year period, there shall be paid to her executors a lump sum which shall be calculated by deducting the amount mentioned in sub-paragraph (a) below from the amount mentioned in sub-paragraph (b) below-
(a) the total of any pensions which (by direction of the Parliamentary corporation under article K2(3)) would have been payable under article K2 for the benefit of any eligible child or children of the deceased pensioner member if the annual sum payable under article K2(2) (after the death of the surviving spouse of the deceased pensioner member) in respect of each eligible child had continued during the period ending on the pensioner member's children's prospective pension end date for that child;
(b) the amount which would have been payable to the deceased pensioner member if the annual amount of the pension to which he was entitled under article F1 (including an early retirement pension or an ill-health pension payable by virtue of article H1, J1 or J2) were to have been paid to him during the remainder of the pensioner member's five year period.
(5) In this Part-
"the pensioner member's five year period" means the period of five years beginning with the day on which he became entitled to receive a pension or pensions under article F1 (including an early retirement pension or an ill-health pension payable by virtue of regulation H1, J1 or J2).
"the pensioner member's children's prospective pension end date" means, in respect of any eligible child of a deceased pensioner member the sooner of-
(a) the date before that on which that child reaches the age of 17 or, in the case of a child falling within article K2(5)(b), such later date as the Parliamentary corporation may determine, being no later than the date before that on which the child reaches the age of 22; and
(b) the end of the pensioner member's five year period.
Guarantees where children but no spouse survive
M3.
- (1) Where a pensioner member dies during the pensioner member's five year period and is survived by an eligible child or children, but no spouse, paragraph (2) shall apply.
(2) There shall be paid to the executors of the deceased pensioner member a lump sum which shall be calculated by deducting the amount mentioned in sub-paragraph (a) below from the amount mentioned in sub-paragraph (b) below-
(a) the total of any pensions payable under article K2 (by direction of the Parliamentary corporation under article K2(3)) for the benefit of any eligible child or children of the deceased pensioner member, if the annual sum payable under article K2(2) (after the death of the pensioner member) in respect of each eligible child were to continue during the period ending on the pensioner member's children's prospective pension end date for that child;
(b) the amount which would have been payable to the deceased pensioner member if the annual amount of the pension to which he was entitled under article F1 (including an early retirement pension or an ill-health pension payable by virtue of article H1, J1 or J2) were to have been paid to him during the remainder of the pensioner member's five year period after his death.
Guarantees where no survivors
M4.
- (1) Where a pensioner member dies within the pensioner member's five year period and is not survived by his spouse nor by any eligible child or children, paragraph (2) shall apply.
(2) There shall be paid to the executors of the deceased pensioner member a lump sum calculated as if the annual amount of the pension to which he was entitled under article F1 (including an early retirement pension or an ill-health pension payable by virtue of article H1, J1 or J2) were to be paid to him during the remainder of the pensioner member's five year period after his death.
(3) This article shall not apply if a gratuity is granted under article L2.
Remarriage or cohabitation of surviving spouse
M5.
- (1) If during a deceased pensioner member's five year period-
(a) the surviving spouse of that deceased pensioner member remarries or cohabits with another person; and
(b) the Parliamentary corporation directs that the surviving spouse's pension be paid or restored under article K1(3) or (4),
the Parliamentary corporation may direct that payments under article M2(2) shall continue until the end of the pensioner member's five year period or until such earlier date as the Parliamentary corporation thinks fit.
(2) If during a deceased pensioner member's five year period his surviving spouse remarries or cohabits with another person, the Parliamentary corporation may direct that there be paid to the executors of the deceased a lump sum calculated in accordance with article M4(2).
Early termination of child's period of full-time education or training
M6.
- (1) If-
(a) a sum has been paid to the executors of the surviving spouse of a deceased pensioner member under article M2(4) or to the executors of a deceased pensioner member under article M3(2); and
(b) the period of full-time education or training of any eligible child of the deceased pensioner member has come to end on a date earlier than the pensioner member's children's prospective pension end date for that child used in the calculation of that sum,
the Parliamentary corporation may pay a further sum to the said executors calculated by deducting the amount mentioned in sub-paragraph (ii) below from the amount mentioned in sub-paragraph (i) below-
(i) the total of any pensions which would have been payable for the benefit of that child if the payments had continued until his pensioner member's children's prospective pension end date;
(ii) the total of the pensions which have been paid for his benefit.
(2) In paragraph (1) "the period of full-time education or training" in respect of an eligible child means the period during which he is continuously engaged in full-time education or in training for any trade, profession or vocation.
Deceased pensioner office holders
M7.
- (1) Articles M2 to M6 shall apply in relation to a deceased pensioner office holder and his surviving spouse and any eligible child or children as they apply in relation to a deceased pensioner member and his surviving spouse and eligible child or children but where those articles apply in relation to a deceased pensioner office holder-
(a) any reference to "pensioner member" shall be construed as a reference to "pensioner officer holder";
(b) any reference to "the pensioner member's children's prospective pension end date" shall be construed as a reference to "the pensioner officer holder's children's prospective pension end date";
(c) any reference to "the pensioner member's five year period" shall be construed as a reference to "the pensioner office holder's five year period"; and
(d) any reference to article F1 or H1 shall be construed respectively as a reference to article F3 or H2;
(2) In this Part-
"the pensioner office holder's children's prospective pension end date" means, in respect of any eligible child of a deceased pensioner office holder, the sooner of-
(a) the date before that on which the child reaches the age of 17 or, in the case of a child falling within article K2(5)(b), such later date as the Parliamentary corporation may determine, being no later than the date before that on which the child reaches the age of 22; and
(b) the end of the pensioner office holder's five year period;
"the pensioner office holder's five year period" means the period of five years beginning with the day on which he became entitled to receive a pension under article F2 (including an early retirement pension or an ill-health pension payable by virtue of article H2, J1 or J3).
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