Pensions Measure 1997
|Document Number:||1997 No. 1|
|Coming into force:||Coming into force on the 01/01/1998|
A Measure passed by the General Synod of the Church of England to make further provision in relation to pensions and related benefits for certain persons who are or have been in the service of the Church of England and their widows, widowers and dependants.
[21 st March 1997]
General provisions as to pension schemes
1 Past service and funded schemes
(1) There shall be two schemes with respect to the pensions and lump sum payments payable to clerks, deaconesses and licensed lay workers and their widows, widowers and dependants, as follows—
(a) a scheme related exclusively to past service, to be known as “the Church of England Pensions Scheme” and referred to in this Measure as “the past service scheme”;
(b) a scheme related to future service, to be known as “the Church of England Funded Pensions Scheme” and referred to in this Measure as “the funded scheme”.
(2) The past service scheme shall comprise provisions contained in the [S.I. 1988 No. 2256.] Church of England Pensions Regulations 1988 , the Clergy Pensions (Lump Sum Payments) Rules 1988 and any further regulations or rules relating to the past service scheme, whether made before or after the passing of this Measure.
(3) The funded scheme shall be established by deed by the Pensions Board (hereinafter referred to as “the Board”).
2 Funded Scheme Rules
(1) The funded scheme shall provide for the making of rules as to the nature and amount of the pensions and lump sum payments payable under the funded scheme and for the making of amending rules.
(2) Any such rules shall be laid before the General Synod and shall not come into operation until they have been approved by the Synod.
(3) Where the Standing Committee of the General Synod determine that any such rules do not need to be debated by the Synod, then, unless —
(a) notice is given by a member of the Synod in accordance with its Standing Orders that he wishes the rules to be debated; or
(b) notice is so given by any such member that he wishes to move an amendment to the rules,
the rules shall for the purposes of subsection (2) above be deemed to have been approved by the Synod without amendment.
3 Establishment of pensions fund
(1) The funded scheme shall provide for the constitution and maintenance by the Board of a fund, to be known as “the Church of England Pensions Fund”, and the Board shall pay into that fund—
(a) all contributions received by the Board under section 4 below;
(b) all other moneys received by the Board for the purposes of the funded scheme.
(2) All payments in respect of pensions and lump sum payments arising or to be provided under the funded scheme shall be made by the Board out of the Pensions Fund.
4 Contributions to pensions fund
(1) It shall be the duty of each responsible body to make contributions for the purposes of the funded scheme by paying to the Board in respect of each scheme member for whom the body is responsible such sums as the Board may determine in accordance with the regulations.
(2) Before making any determination under subsection (1) above the Board shall obtain the advice of an actuary, and the determination shall be consistent with that advice.
(3) The payments mentioned in subsection (1) above shall be made at such times as may be prescribed by the regulations.
(4) In this section and in section 6 below “responsible body” means—
(a) in the case of a diocesan bishop or a dean, provost or residentiary canon in receipt of a stipend or other emoluments under section 28 of the [1963 No. 2.] Cathedrals Measure 1963 , the Church Commissioners (hereinafter referred to as “the Commissioners”);
(b) in the case of a scheme member in receipt of a stipend paid from a diocesan stipends fund income account kept by the Commissioners under section 1 of the [1 & 2 Eliz.2 No. 2.] Diocesan Stipends Fund Measure 1953 , the Diocesan Board of Finance of the diocese concerned;
(c) in the case of a scheme member in receipt of a stipend paid wholly from capitular funds, the capitular body of the cathedral church concerned;
(d) in the case of a scheme member in receipt of periodical payments under section 1(1)(b) of the [1993 No. 3.] Ordination of Women (Financial Provisions) Measure 1993 , the Commissioners;
(e) in the case of a scheme member who is—
(i) a clerk in Holy Orders employed by a World Mission Agency of the Church of England which is at the passing of this Measure an associate or full member of the Partnership for World Mission; or
(ii) a clerk in Holy Orders employed by the Church Pastoral Aid Society,
(f) in the case of a scheme member employed in pensionable service otherwise than as mentioned in paragraph (e) above, the employer;
(g) in the case of any other person who is a scheme member performing pensionable service, the body primarily concerned for the time being in promoting that person’s membership of the funded scheme.
(5) In its application to the Isle of Man, subsection (4) above shall have effect with the substitution for paragraph (b) of the following paragraph—
“(b) in the case of a scheme member in receipt of a stipend paid from a diocesan stipends...
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