HC Deb 02 May 1984 vol 59 cc507-8

Amendments made: No. 93, in page 41, line 20, after 'date', insert

'by reason of employment after that date'.

No. 94, in page 41, line 27, leave out 'that day' and insert

'the day after the termination of employment date'.

No. 95, in page 41, line 38, at end insert

'or (ii) where no short service benefit has then accrued to him, any other benefit to which this paragraph applies and which has then accrued to him. (3A) The benefit other than short service benefit to which subsection (3)(b) above applies is benefit—
  1. (a) which would have been provided as either the whole or part of the earner's short service benefit; or
  2. (b) of which the earner's short service benefit would have formed part,
if paragraph 6(1) of Schedule 16 to the Social Security Act 1973 had effect with the substitution—
  1. (i) in paragraph (a), of a reference to the earner's age on the termination of employment date (as defined in subsection (1)(a)(i) above) for the reference to the age of 26; and
  2. (ii) in paragraph (b), of a reference to the service which the earner had on that date for the reference to 5 years' qualifying service.
(3B) Any such benefit is only to be included in the relevant sum to the extent that it does not exceed the amount which the scheme would have had to provide as short service benefit in paragraph 6(1) of Schedule 16 to the Social Security Act 1973 had effect as mentioned in subsection (3A) above.'.

No. 96, in page 42, line 9, after 'service', insert 'or other'.

No. 97, in page 42, line 12, at end insert—

'(6A) An earner shall be treated for the purposes of this section as if benefit under a scheme had accrued to him—
  1. (a) if—
    1. (i) one of the events mentioned in subsection (6) above occurs before he has attained the age at which, if he had attained it, that benefit would have accrued to him; and
    2. (ii) he continues to be in employment to which the scheme applies until he attains that age; or
  2. (b) if—
    1. (i) one of those events occurs before he has a particular period of service; and
    2. (ii) that benefit would have accrued to him if he had that period; and
    3. (iii) he continues to be in employment to which the scheme applies until he has it.'.

No. 98, in page 42, line 32, after 'her', insert 'at that time'.

No. 99, in page 42, line 34, leave out 'and'.

No. 100, in page 42, line 35, at end insert

'and

(iii) any amount which is an appropriate addition at that time.

(1A) In subsection (1) above "appropriate addition' means—

  1. (a) where a scheme provides that part of a widow's pension shall accrue after the termination of employment date by reason of the earner's employment after that date, an amount equal to the part which has so accrued; and
  2. (b) where a scheme provides that a widow's pension which has accrued before that date shall be enhanced after it if payment of the earner's pension is postponed, the amount by which the excess of the widow's pension on the day after the temiination of employment date over one half of the earner's guaranteed minimum on the day after the termination of employment date has been enhanced by reason of the postponement.'

No. 101, in page 43, line 41, at end insert—

'(8) In subsection (7) above "modification" includes, without prejudice to the generality of that subsection, addition, omission and amendment.'.—[Mr. Kenneth Clarke.]
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