Public Service Pay and Pensions Act 2017

Provision in respect of amounts of public service pension not restored by preceding provisions

27. (1) So far as the operation of the preceding provisions of this Part does not, by 31 December 2020, have the effect specified in subsection (2)(a) or (b), then subsection (3) shall apply.

(2) The effect referred to in subsection (1) is that the annualised amount of the public service pension of the person concerned, payable in accordance with his or her entitlement, stands—

(a) subject to paragraph (b), at the amount at which it would have stood, on the date of its award, if the Act of 2010 had not been enacted, or

(b) where the person concerned is a person to whom section 2A of the Act of 2010 applies, at the amount at which it would have stood, on the date of its award, if the Act of 2013 had not been enacted,

and the reference in subsection (3) to the relevant original amount is a reference to the amount referred to in paragraph (a) or (b), as the case may be.

(3) Where this subsection applies, the Minister shall, by order, made not later than 31 December 2020, provide that on and from a date specified in the order (and the date so specified may be a date falling after 31 December 2020) the annualised amount of the public service pension of the person concerned, payable in accordance with his or her entitlement, shall not be less than the relevant original amount.

(4) For the purposes of paragraph (a) of subsection (2), the reference in that subsection to the amount at which the public service pension of the person concerned, payable in accordance with his or her entitlement, would have stood, on the date of its award, if the Act of 2010 had not been enacted shall, in a case where the amount of that person’s pension was increased, subsequent to its award, on one or more occasions prior to 1 January 2011, be construed as a reference to the amount at which the public service pension of the person concerned, payable in accordance with his or her entitlement, would have continued to stand in consequence of the increase or the last of the increases concerned, as the case may be, if the Act of 2010 had not been enacted.

(5) In this section a word or expression that is used in this section and is also used in the Act of 2010 shall have the meaning in this section that it has in the Act of 2010.