The Pensions (Miscellaneous Offices) (Preservation of Benefits) (Amendment No. 2) Order 1986

• Citation: S.I. 1986/940
• Sections: 5

Section 1 Citation and Commencement

This Order may be cited as the Pensions (Miscellaneous Offices) (Preservation of Benefits) (Amendment No. 2) Order 1986 and shall come into operation on 1st July 1986.

Section 2 Interpretation

In this Order—

(a) “ the principal Order ” means the Pensions (Miscellaneous Offices) (Preservation of Benefits) Order 1977; and

(b) except where the context otherwise requires, expressions used in the principal Order shall have the same meaning as they have for the purposes of that Order.

Section 3 Definition of “full rate”

In article 2(1) of the principal Order, for the definition of “full rate” there shall be substituted the following—

“ full rate ” means the rate at which a pension might have been granted to an office holder if his service had continued to normal pension age, but calculated by reference to the annual salary attaching, at the date he ceased to hold office, to—

his last office; or

an earlier office of his where the amount of that pension would have been based on that salary, but if that office had ceased to exist before the date on which he ceased to hold his last office, the annual salary shall be taken to be such as the Lord Chancellor or the Secretary of State with the concurrence of the Treasury may determine it would have been had the earlier office continued to exist.

Section 4 Transitional provision

Unless he elects otherwise, this Order shall not apply in relation to any office holder who ceases to hold office for the purposes of the principal Order before the commencement of this Order.

Section 5 Revocation

The Pensions (Miscellaneous Offices) (Preservation of Benefits) (Amendment) Order 1986 is hereby revoked.