The Pensions (Miscellaneous Offices) (Requisite Benefits) (Amendment) Order 1989

• Citation: S.I. 1989/829
• Sections: 3

Section 1 Citation and commencement

This Order may be cited as the Pensions (Miscellaneous Offices) (Requisite Benefits) (Amendment) Order 1989 and shall come into force on 1st June 1989.

Section 2 Interpretation

In this Order:-

(1) “the Act of 1975 ” means the Social Security Pensions Act 1975 and“the principal Order ” means the Pensions (Miscellaneous Offices) (Requisite Benefits) Order 1978 .

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

Section 3 Widower’s guaranteed minimum pension

The following paragraph shall be inserted after article 9 of the principal Order:-

Widower’s guaranteed minimum pension

(9A)

(1) As from the death on or after 6th April 1989 (whether before or after attaining pensionable age) of a female office holder, her widower shall, subject to paragraphs (2) and (3), be entitled to receive, in relation to the pension provided for him by a scheme, a guaranteed minimum pension the weekly rate of which shall be not less than his guaranteed minimum as ascertained in accordance with section 36(3) of the Act of 1975 .

(2) Paragraph (1) above shall apply in the circumstances prescribed under section 36(7A) of the Act of 1975 and for the period prescribed under that sub-section.

(3) Paragraph (1) above shall not apply:

(a) if at the date of her death the office holder’s accrued rights to a guaranteed minimum pension have been extinguished under section 43(7) of the Act of 1975; or

(b) if the widower’s accrued rights are extinguished under that sub-section.