The Pensions (Polish Forces) Scheme (Amendment) Order 2009

Section 1Citation, commencement and interpretation

(1) This Order may be cited as the Pensions (Polish Forces) Scheme (Amendment) Order 2009 and shall come into force on 6th April 2009.

(2) In this Order “the Scheme” means the Pensions (Polish Forces) Scheme 1964 and a reference to a numbered article is a reference to the article in the Scheme which bears that number.

Section 2Amendments to the Scheme

The Scheme is amended as follows.

Section 3Amendments to article 11 (awards not payable to or in respect of persons in Poland)

Article 11 is amended as follows—
(a) for the heading substitute “Residence in Poland prior to 1st May 2004”;
(b) for “is resident in Poland or, since the termination of the service of the member of the Polish forces concerned, has been or has become so resident,” substitute “was resident in Poland at any time prior to 1st May 2004 or, since the termination of the service of the member of the Polish forces concerned, was or became so resident at any time prior to 1st May 2004,”;
(c) in the final sentence for “during which that person is not resident in Poland.” substitute “prior to 1st May 2004 during which that person was not resident in Poland.”.

Section 4Insertion of article 11A

After article 11 insert—
Residence in Poland on or after 1st May 2004
(11A)
(1) This article applies in the circumstances specified in paragraphs (2) and (3).
(2) This paragraph applies where—
(a) a person (“A”) or (“B”) became resident in Poland in the relevant period, and payment of a pension or allowance, or both, to A or B was terminated in accordance with article 11 as in force prior to 6th April 2009; or
(b) A made a new claim in the relevant period, and a pension, allowance or gratuity was not awarded due to article 11 as in force prior to 6th April 2009.
(3) This paragraph applies where—
(a) a member of the Polish forces died at any time in the relevant period;
(b) the member’s death was due to service; and
(c) a pension or allowance, or both, which would have been payable to B following the member’s death, was not awarded due to article 11 as in force prior to 6th April 2009.
(4) Payment of the pension or allowance, or both, shall commence or recommence, as the case may be, on 6th April 2009, and any amount which would have been payable to A or B during the appropriate period shall be paid at the applicable rate.
(5) Where sub-paragraph (2)(b) applies and a gratuity is awarded, it shall be paid at the rate in force on 6th April 2009.
(6) Where A or B dies—
(a) in the relevant period; or
(b) after the relevant period but before payment of a pension, allowance or gratuity payable by virtue of paragraphs (4) or (5) is made
payment shall be made to the designated person whose receipt shall be a good discharge to the Secretary of State of the sum due.
(7) No pension or allowance is payable in respect of any period after the death of A or B.
(8) In this article—
(a) “A” means a member of the Polish forces;
(b) “applicable rate” means the rates of pension or allowance in force during the appropriate period;
(c) “appropriate period” means the period beginning with whichever is the later of 1st May 2004 and —
(i) where paragraph (2)(a) applies the day after the termination of a pension or allowance,
(ii) where paragraph (2)(b) applies the date of claim,
(iii) where paragraph (3) applies the day after the date of death of the member of the Polish forces
and ending on 5th April 2009;
(d) “B” means a widow, widower, surviving civil partner, parent, child, or other dependant or eligible member of the family of a member of the Polish forces;
(e) “designated person” has the same meaning as in article 68 of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 2006 ;
(f) “new claim” means a claim from a person who has not previously had an award of a pension, allowance or gratuity under the Scheme;
(g) “relevant period” means the period beginning with 1st May 2004 and ending on 5th April 2009.

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