Social Welfare and Pensions Act 2013

New section 59H inserted into Principal Act

18. The Principal Act is amended by inserting the following section after section 59G (amended by section 39 of the Social Welfare and Pensions Act 2012 ):

“Power to amend scheme rules in certain circumstances

59H. (1) Notwithstanding anything in this Act or any other enactment or any rule of law or the rules of a scheme—

(a) where the trustees of a scheme are permitted to reduce the amount of a benefit in accordance with section 59B(2)(a), they may make such amendments to the rules of the scheme as they consider appropriate to permit the reduction of the benefit payable to a person who reaches the age of 65 years on or after 1 January 2014 as if the State pension (contributory) commenced to be payable to that person from the age of 65 years, and

(b) where the trustees of a scheme are required by the rules of the scheme to pay an integrated pension calculated by reference to the State pension (contributory) payable from the age of 65 years to a person who reaches the age of 65 years on or after 1 January 2014, they may make such amendments to the rules of the scheme as they consider appropriate to permit the application of the State pension offset in respect of that person by reference to a notional amount as if the State pension (contributory) had commenced to be payable to that person from the age of 65 years.

(2) In subsection (1)—

‘integrated pension’ has the meaning assigned to it by section 59C;

‘State pension (contributory)’ means the State pension (contributory) under Part 2 of the Social Welfare Consolidation Act 2005 ;

‘State pension offset’ has the meaning assigned to it by section 59C.”.