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Statutory Instrument 1996 No. 1493

The European Parliamentary (United Kingdom Representatives) Pensions (Amendment) Order 1996

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1996 No. 1493

EUROPEAN PARLIAMENT

The European Parliamentary (United Kingdom Representatives) Pensions (Amendment) Order 1996

Made10th June 1996
Laid before Parliament12th June 1996
Coming into force4th July 1996

    The Lord President of the Council, in exercise of the powers conferred by section 4(1), (3) and (4) of the European Parliament (Pay and Pensions) Act 1979[1] and now vested in him[2], hereby makes the following Order:
    Title and commencement
        1.    This Order may be cited as the European Parliamentary (United Kingdom Representatives) Pensions (Amendment) Order 1996 and shall come into force on 4th July 1996, but shall have effect from 1st April 1995.
    Interpretation
        2.    —(1)  In this Order—
      "the principal Order" means the European Parliamentary (United Kingdom Representatives) Pensions (Consolidation and Amendment) Order 1994[3];

    and other expressions shall have the same meaning as in the principal Order.
        (2)  In this Order, except where the context otherwise requires—
       (a) a reference to a numbered article is a reference to the article of this Order so numbered; and
       (b) a reference in an article or in the Schedule to a numbered paragraph is a reference to the paragraph of that article or of the Schedule so numbered; and
       (c) a reference in a paragraph to a numbered sub-paragraph is a reference to the sub-paragraph of that paragraph so numbered.

    Adjustment in reckonable service
        3.    For article 6 of the principal Order there shall be substituted the following—
            "6.—(1)  Subject to paragraph (2), to articles 22, 25(7) and 27, and to Schedule 7, any period during which a person was or is a participant is a period of reckonable service.

            (2)  In the case of a participant in service on 1st April 1995, the following adjustments shall where relevant be made to his aggregate period of reckonable service—
          (a) where his aggregate period of reckonable service includes service—
            (i) an application to purchase which, under the provisions of Schedule 7 (Purchase of added years), was accepted by the Managers before 31st August 1985; or
            (ii) attributable to a direction under article 24(2)(b) (Transfers from other pension schemes) made before that date,

          the period of such service shall be multiplied by five-sixths;
          (b) where he applied to purchase added years pursuant to paragraph 14 of Schedule 3 to the European Parliament (United Kingdom Representatives) Pensions Order 1980[4], the number purchased shall be multiplied by two-fifths."

    Increase in accrual rate
        4.    Article 7 of the principal Order shall be amended by inserting in paragraph (11), after "means", the words ", subject to paragraph (11A) below" and by inserting after that paragraph the following paragraph—
      "  (11A)  In the case of a participant in service on 1st April 1995, in paragraph (2) of this article "the appropriate fraction" means one-fiftieth or, in the case of part of a year, the fraction which bears to one-fiftieth the same proportion as the number of days in that part of a year bears to three hundred and sixty-five."
    Increased accrual rate: consequential provisions
        5.    The Schedule to this Order shall have effect in relation to a participant in service on 1st April 1995 whose aggregate period of reckonable service includes service before 20th July 1983 or service which falls to be adjusted under article 6(2).
    Gratuity on death in service
        6.    In article 16 of the principal Order—
       (a) in paragraph (2)(a) for the words "the individual", there shall be substituted the words "the person or persons";
       (b) in paragraph (2)(b), after the words "at that time", there shall be inserted the words "or, pursuant to paragraph (3) below, to the extent that a nomination is treated as not being in force,";
       (c) after paragraph (2), there shall be inserted the following paragraph—
        "  (2A)  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.";
       (d) in paragraph (3), immediately after the words "at the time of the nominator’s death", there shall be inserted the words "to the extent that";
       (e) in paragraphs (3)(a) and (b), the word "if" at the beginning shall in each case be deleted and for the words "the individual", wherever they appear, there shall be substituted the words "any person";


        (f)  in paragraphs (5)(a) and (6) for the word "twice" there shall be substituted the words "three times".
    Gratuity on death after retirement
        7.    In relation to any person in respect of whom the Treasury may pay a gratuity under article 16 of the principal Order and who has not been a participant at any time on or after 1st April 1995, the amount of the gratuity referred to in article 17(3)(a) shall be calculated as if the substitution effected by article 6(f) above had not been effected.



Tony Newton

Lord President of the Council

10th June 1996




Notes:

[1] 1979 c. 50.

[2] See the Transfer of Functions (European Parliamentary Pay and Pensions) Order 1995 (S.I. 1995/2995). (Section 3 of the European Communities (Amendment) Act 1986 (c. 58) substituted references to the European Parliament for references to the Assembly of the European Communities in Acts and other instruments.)

[3] S.I. 1994/1662.

[4] S.I. 1980/1450, which was revoked with savings by S.I. 1994/1662. Paragraph 14 of Schedule 3 was inserted by S.I. 1985/1116, article 27.

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