Commentary on Sections Summary Pensions in payment at assessment date
572.Paragraph 3 provides that where a person was in receipt of a pension prior to the assessment date, he will receive 100% of the protected pension rate he was entitled to from the scheme plus annual increases under paragraph 28. This will be subject the Secretary of State’s power to vary percentage rates (paragraph 30).
573.Where a person was in receipt of a pension from the scheme prior to the assessment date and had not attained normal pension age before that date, he will receive 90% compensation. This will not apply where he had received benefits as a result of ill-health subject to the power to review a person’s ill-health pension – see sections 140 to 142. This will be subject to the compensation cap (paragraph 26) and the Secretary of State’s power to vary percentages (paragraph 30).
574.Paragraph 4 deals with where the pensioner who is in receipt of pension compensation dies. The widow or widower will receive, after his death 50% of his compensation. Regulations will set out when the widow or widower will not be entitled to compensation. This will allow provision to be made for cases where the scheme rules did not pay a pension to a widow or widower.