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'Protection' for certain pensions under the Financial Emergency Measures in the Public Interest (No.2) Act 2009
Section 3 of the Act provides as follows:
the provisions in the Act relating to the reduction of pay and allowances will not affect the following in respect of the calculation of their pension entitlements (including lump sum):
(1) a former public servant who on 1 January 2010
(a) was in receipt of a pension or
(b) had an entitlement to a preserved pension
and will also not affect
(2) a person who was a public servant on 1 January 2010 and ceases to be public servant in 2010 (or at later date if specified in an Order by the Minister for Finance). This will include such
a person retiring on pension in 2010 or resigning in 2010 with an entitlement to a preserved pension.
In relation to references to "preserved pensions" above it is not a requirement of the Act that the preserved pension come into payment in 2010.
The 'PROTECTION' described above relates equally to retirees on ill-health pension in 2010 and staff commencing pension rate of pay in 2010.
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