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

• Citation: S.I. 2005/1924
• Sections: 19

Section 1 Title, commencement and interpretation

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

(4) In relation to any time before section 1 of the Civil Partnership Act 2004 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)”.

Section 2 Interpretation

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—

“adult survivor” means a widow, widower or surviving civil partner or, in relation to a person who was a participant at any time on or after 3 rd November 2004, that person’s surviving adult dependant, as defined in article 12A;

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

“minimum pension age” means–

before 6 th April 2010, fifty; and

on and after 6 th April 2010, fifty-five.

Section 3 Contributions from salary

Article 5 of the Principal Order shall be amended as follows–

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

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

; and

in relation to a period beginning on or after 1 st April 2004,

is 10 per cent; or

where a participant opts to contribute at a reduced rate, is 6 per cent

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

(2A) Where a person who is a Representative on 15 th July 2002 opts to contribute on or after 5 th July 2001 at the rate of 9 per cent, the appropriate percentage —

(a) in relation to a payment of salary made in respect of a period beginning on or after 1 st April 1992 and ending before 5 th July 2001, is 6 per cent;

(b) in relation to a period beginning on or after 5 th July 2001 and ending before 1 st April 2004, is 9 per cent; and

(c) in relation to a period beginning on or after 1 st April 2004, is 10 per cent.

Section 4 Early abated pensions

Article 9 shall be omitted.

Section 5 Early retirement

Article 10 of the Principal Order shall be amended as follows–

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

(1) Where a person who —

(a) ceases to be a Representative;

(b) has attained the minimum pension age;

(c) has actual reckonable service excluding service on or after 20 th July 2009 of not less than fifteen years (hereinafter referred to in respect of a person as “his qualifying period”); and

(d) has actual reckonable service as a participant that includes service on or after 2 nd April 1991 and before 4 th November 2004,

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 20 th 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 20 th July 2009”.

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

(4) Where a person who—

(a) ceases to be a Representative;

(b) has attained the minimum pension age; and

(c) does not meet condition (c) of paragraph (1) above,

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.

Section 6 Surviving civil partners

After article 11 of the Principal Order a new article shall be inserted–

Surviving civil partners

(11A)

(1) Subject to paragraphs (2) and (3), where a person who was a participant dies leaving a surviving civil partner, this Order shall apply in relation to the surviving civil partner as it would have applied in relation to a widow or widower of the person.

(2) Subject to paragraph (3), where a pension is paid to a surviving civil partner of a person who ceased to be a participant before 3 rd November 2004, that pension shall be calculated by reference only to service on and after 6 th April 1988.

(3) This Order in so far as it relates to guaranteed minimum pensions shall apply to a surviving civil partner as it would have applied to a widower.

Section 7 Widows', widowers' and surviving civil partners' pensions

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–

(3A) Subject to paragraphs (4) and (5), a pension payable under this article shall continue for life.

(4) Subject to paragraph (5), a pension payable under this article to a widow, widower or surviving civil partner of a person who ceased to be a participant before 3 rd November 2004 shall cease on the date the widow, widower or surviving civil partner marries or forms a civil partnership, provided that the Treasury shall at any time restore the pension if at such time the Managers direct that they are satisfied that the subsequent marriage or civil partnership has been terminated or that there are exceptional reasons for the payment of the pension notwithstanding the subsistence of that marriage or civil partnership.

(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 3 rd November 2004”.

Section 8 Pensions for surviving adult dependants

After article 12 of the Principal Order a new article shall be inserted –

Pensions for surviving adult dependants

(12A)

(1) For the purposes of this Order, surviving adult dependant means, in relation to a person who has died, a person who–

(a) made and signed with the deceased person a declaration in a form prescribed by the Managers and the declaration was not subsequently cancelled by either partner by a signed revocation in such form as the Managers prescribed or otherwise accepted ; and

(b) satisfies the Managers that at the time of the deceased person’s death –

(i) the person and the deceased person were cohabiting as partners in an enduring long-term relationship and neither the person nor the deceased person was cohabiting with a third person as partners in an enduring long-term relationship;

(ii) the person and the deceased person were not prevented from marrying (or would not have been so prevented apart from being of the same sex) or forming a civil partnership; and

(iii) either the person was financially dependent on the deceased person or they were financially interdependent.

(2) A surviving adult dependant of a person who–

(a) was a participant at any time on or after 3 rd November 2004;

(b) was at the person’s death either –

(i) a participant; or

(ii) a pensioner; or

(iii) a deferred pensioner; and

(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.

Section 9 Children’s pensions

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”.

Section 10 Enhancement of initial adult survivors' and children’s pensions

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”.

Section 11 Reduced pension for younger adult survivors

After article 15 of the Principal Order a new article shall be inserted–

Reductions in adult survivors' pensions

(15A)

(1) Subject to paragraph (3), where on the death of a participant a pension is payable under article 12 or article 12A to a person (“the beneficiary”) who is more than 12 years younger than the participant, the amount of the pension calculated in accordance with paragraph (3) of article 12 or paragraph (3) of article 12A shall be reduced by the appropriate amount.

(2) The appropriate amount is the lesser of–

(a) 50 per cent of the pension so calculated, and

(b) 2.5 per cent of the pension so calculated multiplied by N,

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 –

(a) the person was a participant at any time before 3 rd November 2004; and

(b) before 1 st May 2006 the person and the adult survivor married or formed a civil partnership or made a declaration in accordance with sub-paragraph (1)(a) of article 12A.

Section 12 Gratuity on the death of a serving participant

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”.

Section 13 Repayment of contributions after the death of the contributor

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”.

Section 14 Percentage abatement of pension entitlement

There shall be substituted for the table in Schedule 4 to the Principal Order the following—

Qualifying period (years)

Section 15 Guarantees for adult survivors

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”.

Section 16 Guarantees where children but no adult survivor

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”.

Section 17 Guarantees where no survivors

In paragraph 3 of Schedule 6 to the Principal Order there shall be substituted for the words “a spouse” the words “an adult survivor”.

Section 18 Status of adult survivor

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)–

(a) the adult survivor of that deceased pensioner marries or forms a civil partnership or cohabits with another person; and

(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) –

(a) the adult survivor of that deceased pensioner marries or forms a civil partnership or cohabits with another person; and

(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 –

(3) This paragraph shall only apply to payments in respect of persons who ceased to be participants before 3 rd November 2004.

Section 19 Early termination of child’s period of full time education

In paragraph 5 of Schedule 6 to the Principal Order there shall be substituted for the words “widow or widower” the words “adult survivor”.