29Continuation of former Act in certain circumstances

#### 29 Continuation of former Act in certain circumstances 29 Continuation of former Act in certain circumstances > > (1) Subject to subsection (2), this section applies to— > > > > > (a) any person who immediately before the commencement of this Act was receiving or entitled to receive a pension, allowance or other benefit under the former Act, > > > > > (b) any person who upon the death, after the commencement of this Act, of a person referred to in paragraph (a) would, but for the enactment of this Act, have been entitled to receive a pension, allowance or other benefit under the former Act, > > > > > (c) any person whose pension under the former Act was, at the commencement of this Act, suspended, and > > > > > (d) a person who— > > > > > > > (i) immediately before the commencement of this Act was a member to whom the former Act applied or, after that commencement, becomes the widow of such a person, > > > > > > > (ii) would, but for the enactment of this Act, have become at any time after that commencement entitled to a pension, allowance or other benefit under the former Act, > > > > > > > (iii) would, but for his or her being a person to whom this section applies by reason of this paragraph, have become at any time after that commencement entitled to a pension or other benefit under Part 3, and > > > > > > > (iv) elects, within one month after the time referred to in subparagraph (iii), by notice in writing served on the relevant person, to receive a pension, allowance or other benefit under the former Act, > > > > > > and so applies as on and from the time referred to in subparagraph (iii). > > > (2) Where a person to whom this section applies becomes a member or the wife of a member after the commencement of this Act, any pension to which that person was entitled under the former Act immediately before he or she so became a member or, in the case of a person who was a widow when she so became a member, any pension or allowance to which she was entitled under the former Act immediately before she so became a member, shall be deemed to be a pension or other benefit payable to him or her under this Act and shall in all respects be subject to the provisions of Part 3 accordingly. > > > (3) Except as provided by subsections (2) and (6), the provisions of the former Act continue to apply to a person to whom this section applies to the exclusion of Part 3 in all respects as if the former Act had not been repealed and continue to apply in respect of any pension, allowance or other benefit for which the fund under the former Act was, immediately before the commencement of this Act, liable, and for the purpose of the application of those provisions a reference in those provisions to the trustees, the custodian trustee and the managing trustees shall respectively be construed as a reference to the relevant persons under this Act and any pension, allowance or other benefit payable under those provisions shall be paid out of the Fund under this Act. > > > (4) The reference in subsection (1) (d) (iv) to the relevant person is a reference— > > > > > (a) during the period beginning on 1 January 1972 and ending with 30 September 1991—to the custodian trustee within the meaning of this Act as then in force, and > > > > > (b) on and after 1 October 1991—to the trustees. > > > (5) The reference in subsection (3) to the relevant persons is a reference— > > > > > (a) during the period beginning on 1 January 1972 and ending with 30 September 1991—to the trustees and to the custodian trustee and the managing trustees within the meaning of this Act as then in force, and > > > > > (b) on and after 1 October 1991—to the trustees. > > > (6) Schedule 2 applies in respect of a pension or allowance referred to in subsection (3) but does not apply in respect of a pension or allowance referred to in subsection (2). > > **s 29:** Am 1991 No 95, Sch 3 (24); 1999 No 89, Sch 1 \[20\]–\[22\].