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STATUTORY INSTRUMENTS


2005 No. 1924

PENSIONS

The European Parliament (United Kingdom Representatives) Pensions (Amendment) Order 2005

  Made 14 July 2005 
  Laid before Parliament 26 July 2005 
  Coming into force 18 August 2005 

The Leader of the House of Commons in exercise of the powers conferred by section 4 (1) and (3) of the European Parliament (Pay and Pensions) Act 1979[1], and now vested in him[2] hereby makes the following Order:

Title, commencement and interpretation
     1. —(1) This Order may be cited as the European Parliament (United Kingdom Representatives) Pensions (Amendment) Order 2005 and shall come into force on 18 August 2005.

    (2) In this Order, "the Principal Order" means the European Parliamentary (United Kingdom Representatives) Pensions (Consolidation and Amendment) Order 1994[
3].

    (3) Subject to paragraphs (4) and (5), this Order shall have effect from 3rd November 2004, but article 3 shall have effect from 1st April 2004.

    (4) In relation to any time before section 1 of the Civil Partnership Act 2004[4] comes into force in relation to England and Wales, the Principal Order (as amended by this Order) shall have effect with the omission of references to civil partner, surviving civil partner, civil partnership and forming a civil partnership.

    (5) From the date of the coming into force of section 1 of the Civil Partnership Act 2004 in relation to England and Wales, article 12A of the Principal Order (as inserted by article 8) shall have effect with the omission of the words "(or would not have been so prevented apart from being of the same sex)".

Interpretation
     2. Paragraph (1) of article 2 of the Principal Order shall be amended as follows–

    (1) After the definition of "added year" there shall be inserted—

    (2) After the definition of "the Managers" there shall be inserted–

Contributions from salary
    
3. Article 5 of the Principal Order shall be amended as follows–

    (1) In sub–paragraph (2)(b) after the words "15th July 2002" there shall be inserted the words "and ending before 1st April 2004".

    (2) At the end of sub–paragraph (2)(b) before the full stop there shall be inserted –

    (3) There shall be substituted for paragraph (2A) –

Early abated pensions
    
4. Article 9 shall be omitted.

Early retirement
    
5. Article 10 of the Principal Order shall be amended as follows–

    (1) There shall be substituted for paragraph (1) –

    (2) In paragraph (2) after the words "another Parliament" there shall be inserted the words "before 20th July 2009".

    (3) After paragraph (3) there shall be inserted—

Surviving civil partners
    
6. After article 11 of the Principal Order a new article shall be inserted–

Widows', widowers' and surviving civil partners' pensions
    
7. Article 12 of the Principal Order shall be amended as follows–

    (1) In the heading there shall be substituted for the words "Widows' and widowers'" the words "Widows', widowers' and surviving civil partners'".

    (2) For paragraph (4) there shall be substituted–

    (3) In paragraph (5) after the words "this article" there shall be inserted the words "in respect of a person who ceased to be a participant before 3rd November 2004".

Pensions for surviving adult dependants
    
8. After article 12 of the Principal Order a new article shall be inserted –

Children's pensions
    
9. Article 14 of the Principal Order shall be amended as follows–

    (1) In sub-paragraph (2)(b) there shall be substituted for the words "widow or widower" the words "adult survivor".

    (2) In paragraph (5) there shall be substituted for the words "wife or husband" the words "adult survivor".

Enhancement of initial adult survivors' and children's pensions
    
10. Article 15 of the Principal Order shall be amended as follows–

    (1) In the heading of article 15 there shall be substituted for the words "widows', widowers'" the words "adult survivors'".

    (2) In paragraph (1) there shall be substituted for the words "widow of a man" the words "adult survivor of a person".

    (3) In paragraph (1) after the words "under article 12" there shall be inserted the words "or article 12A".

    (4) In paragraph (2) there shall be inserted after the words "under article 12" wherever they occur the words "or article 12A".

    (5) In paragraph (4) there shall be substituted for the words "widow is entitled to receive a pension under article 12" the words "adult survivor is entitled to receive a pension under article 12 or article 12A".

    (6) In paragraph (5) there shall be substituted for the words "widow under article 12" the words "adult survivor under article 12 or article 12A".

    (7) In sub-paragraph (6)(a) there shall be substituted for the words "widow by way of pension under article 12" the words "adult survivor by way of pension under article 12 or article 12A".

    (8) In paragraph (6) after the words "under article 12" there shall be inserted the words "or article 12A".

    (9) In paragraph (8) there shall be substituted for the words "paragraphs (4), (5), and (8) of article 12 (duration of widow's pension, and restrictions on payment)" the words "paragraphs (3A), (4), (5), and (8) of article 12 or paragraph (2) of article 12A".

Reduced pension for younger adult survivors
    
11. After article 15 of the Principal Order a new article shall be inserted–

Gratuity on the death of a serving participant
    
12. In sub-paragraph (3)(a) of article 16 of the Principal Order there shall be inserted after the words "wife or husband" wherever they occur the words "or civil partner".

Repayment of contributions after the death of the contributor
    
13. In paragraph (a) of article 26 of the Principal Order there shall be substituted for the words "a widow, widower" the words "an adult survivor".

Percentage abatement of pension entitlement
    
14. There shall be substituted for the table in Schedule 4 to the Principal Order the following—


Qualifying period (years)
Age pension brought into payment 20 or more 19 18 17 16 15
65 0.0 0.0 0.0 0.0 0.0 0.0
64 0.0 0.0 0.0 0.0 0.0 6.0
63 0.0 0.0 0.0 0.0 6.0 11.5
62 0.0 0.0 0.0 6.0 11.5 16.4
61 0.0 0.0 6.0 11.5 16.4 21.0
60 0.0 6.0 11.5 16.4 21.0 25.2
59 6.0 11.5 16.4 21.0 25.2 29.1
58 11.5 16.4 21.0 25.2 29.1 32.7
57 16.4 21.0 25.2 29.1 32.7 36.1
56 21.0 25.2 29.1 32.7 36.1 39.2
55 25.2 29.1 32.7 36.1 39.2 42.1
54 29.1 32.7 36.1 39.2 42.1 44.8
53 32.7 36.1 39.2 42.1 44.8 47.2
52 36.1 39.2 42.1 44.8 47.2 49.4
51 39.2 42.1 44.8 47.2 49.4 51.4
50 42.1 44.8 47.2 49.4 51.4 53.3

Guarantees for adult survivors
    
15. Paragraph 1 of Schedule 6 to the Principal Order shall be amended as follows–

    (1) In the heading of paragraph 1 there shall be substituted for the words "widows and widowers" the words "adult survivors".

    (2) In sub-paragraph (1) there shall be substituted for the words "a widow or widower" the words "an adult survivor".

    (3) In paragraph (a) of sub-paragraph (2) there shall be substituted for the words "widow or widower by way of pension under article 12" the words "adult survivor by way of pension under article 12 or article 12A".

    (4) At the end of sub-paragraph (2) there shall be substituted for the words "widow or widower" the words "adult survivor".

    (5) In sub-paragraph (4) there shall be substituted for the words "widow or widower" wherever they occur the words "adult survivor".

Guarantees where children but no adult survivor
    
16. Paragraph 2 of Schedule 6 to the Principal Order shall be amended as follows–

    (1) In the heading of paragraph 2 there shall be substituted for the words "no spouse survive" the words "no adult survivor".

    (2) In sub-paragraph (1) there shall be substituted for the words "no spouse" the words "no adult survivor".

Guarantees where no survivors
    
17. In paragraph 3 of Schedule 6 to the Principal Order there shall be substituted for the words "a spouse" the words "an adult survivor".

Status of adult survivor
    
18. Paragraph 4 of Schedule 6 to of the Principal Order shall be amended as follows–

    (1) There shall be substituted for the heading of paragraph 4 the heading "Status of adult survivor".

    (2) At the start of sub-paragraph (1) there shall be substituted for the word "If" the words "Subject to sub-paragraph (3), if".

    (3) There shall be substituted for paragraph (a) of sub-paragraph (1)–

    (4) In paragraph (b) of sub-paragraph (1) there shall be substituted for the words "widow's or widower's" the words "adult survivor's".

    (5) At the start of sub-paragraph (2) there shall be substituted for the word "If" the words "Subject to sub-paragraph (3), if".

    (6) There shall be substituted for paragraph (a) of sub-paragraph (2) –

    (7) In paragraph (b) of sub-paragraph (2) there shall be substituted for the words "widow or widower" the words "widow, widower or surviving civil partner".

    (8) After sub-paragraph (2) there shall be inserted –

Early termination of child's period of full time education
    
19. In paragraph 5 of Schedule 6 to the Principal Order there shall be substituted for the words "widow or widower" the words "adult survivor".


Geoffrey Hoon
Leader of the House of Commons

14 July 2005



EXPLANATORY NOTE

(This note is not part of the Order)


This Order makes various amendments to the European Parliamentary (United Kingdom Representatives) Pensions (Consolidation and Amendment) Order 1994[
5] (the "Principal Order").

Article 3 increases the contribution rate for participants with a 1/40th accrual rate from 9 per cent to 10 per cent with effect from 1st April 2004.

Articles 4, 5 and 14 amend the early retirement provisions.

Articles 6 to 10, 12, 13 and 15 to 19 introduce provisions for surviving civil partners and surviving partners who were neither married nor a civil partner and amend the Principal Order to make pensions to adult survivors payable for life.

Article 11 introduces provisions that reduce the adult survivor's pension where the adult survivor is more than 12 years younger than the participant.


Notes:

[1] 1979 c. 50; (Section 3 of the European Communities (Amendment) Act 1986 (c. 58) substituted references to the European Parliament for references in Acts to the Assembly of the European Communities).back

[2] See the Transfer of Functions (European Parliamentary Pay and Pensions) Order 1995 (S.I. 1995/2995), article 2 and the Transfer of Functions (European Parliamentary Pay and Pensions) Order 2003 (S.I. 2003/2922), article 2.back

[3] S.I. 1994/1662, amended by S.I. 1996/1493, S.I. 1997/1291 and S.I. 2003/1416.back

[4] 2004. c. 33.back

[5] S.I. 1994/1662, amended by S.I. 1996/1493, S.I. 1997/1291 and S.I. 2003/1416.back



ISBN 0 11 073159 X


 © Crown copyright 2005

Prepared 26 July 2005


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URL: http://www.bailii.org/uk/legis/num_reg/2005/20051924.html