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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The European Parliament (United Kingdom Representatives) Pensions (Amendment) Order 2005 No. 1924 URL: http://www.bailii.org/uk/legis/num_reg/2005/20051924.html |
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Made | 14 July 2005 | ||
Laid before Parliament | 26 July 2005 | ||
Coming into force | 18 August 2005 |
(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) –
applies in writing to the Managers for an immediate pension under this article, then, if the Managers are satisfied that he does not intend to stand for re-election to the European Parliament, he shall be entitled to receive a pension under article 7 as if he had attained the age of sixty-five 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 sixty-five years, shall (subject to article 8) be an amount calculated in accordance with article 7 and abated in accordance with Schedule 4 except that the part of the pension accrued in respect of service on and after 20th July 2009 shall be abated as if the participant had a qualifying period of 15 years.".
(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—
applies in writing to the Managers for an immediate pension under this article, then, if the Managers are satisfied that he does not intend to stand for re-election to the European Parliament, he shall be entitled to receive a pension under article 7 as if he had attained the age of sixty-five 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 sixty-five years, shall (subject to article 8) be an amount calculated in accordance with article 7 and abated by the relevant percentage under Schedule 4 that would have applied if the participant had a qualifying period of 15 years."
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 –
(2) A surviving adult dependant of a person who–
(c) did not leave a widow or widower or surviving civil partner
shall be entitled to receive a pension for life under this article.
(3) The annual amount of a pension payable under this article to a surviving adult dependant shall be five-eighths of the basic or prospective pension or pensions of the deceased person."
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–
where N is the number of whole years or part years in excess of 12 by which the beneficiary is younger than the participant.
(3) This article shall not apply to the pension of an adult survivor of a person if –
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 |
(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
[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
[5] S.I. 1994/1662, amended by S.I. 1996/1493, S.I. 1997/1291 and S.I. 2003/1416.back