Parliamentary Commissioner Act 1967

SCHEDULE 1 U.K. Pensions and Other Benefits

Modifications etc. (not altering text)

C1 Sch. 1 extended by National Health Service Act 1977 (c. 49, SIF 113:2), s. 107(2) and (S.) National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), s. 91(2)

1 A person appointed to be the Commissioner may, within such period and in such manner as may be prescribed by regulations under this Schedule, elect between the statutory [F1 scheme of pensions and other benefits applicable to the judicial offices listed in [F2 section 1 of the M1 Judicial Pensions Act 1981] and the scheme of pensions and other benefits applicable by virtue of section 1 of the M2 Superannuation Act 1972 to the civil service of the State] (in this Schedule referred to respectively as the judicial scheme and the civil service scheme), and if he does not so elect shall be treated as having elected for the civil service scheme.

Textual Amendments

F1 Words substituted by Superannuation Act 1972 (c. 11, SIF 101A:1), Sch. 6 para. 63

F2 Words substituted by Judicial Pensions Act 1981 (c. 20, SIF 71:2), Sch. 3 para. 3(2)

Marginal Citations

M1 1981 c. 20(71:2).

M2 1972 c. 11(101A:1).

2 Where a person so appointed elects for the judicial scheme, a pension may be granted to him on ceasing to hold office as Commissioner if he has held that office for not less than five years and either—

(a) has attained the age of sixty-five years; or

(b) is disabled by permanent infirmity for the performance of the duties of that office;

and (subject to regulations under this Schedule) the provisions of the [F3 sections 2 to 4 and 17 to 24 of the M3 Judicial Pensions Act 1981,] shall apply in relation to him and his service as Commissioner as they apply in relation to the holders of judicial offices listed in F3 [section 1 of the Judicial Pensions Act 1981 and service in any such office].

Textual Amendments

F3 Words substituted by Judicial Pensions Act 1981 (c. 20, SIF 71:2), Sch. 3 para. 3(3)

Marginal Citations

M3 1981 c. 20(71:2).

3 Where a person so appointed elects for the civil service scheme, [F4 the principal civil service pension scheme within the meaning of section 2 of the M4 Superannuation Act 1972 and for the time being in force] shall (subject to regulations under this Schedule) apply as if his service as Commissioner were service in [F4 employment] in the civil service of the State.

Textual Amendments

F4 Words substituted by Superannuation Act 1972 (c. 11, SIF 101A:1), Sch. 6 para. 64

Marginal Citations

M4 1972 c. 11(101A:1).

4 The Treasury may by statutory instrument make regulations for purposes supplementary to the foregoing provisions of this Schedule; and such regulations may, without prejudice to section 38 of the M5 Superannuation Act 1965 (employment in more than one public office), make special provision with respect to the pensions and other benefits payable to or in respect of persons to whom the judicial scheme or the civil service scheme has applied or applies in respect of any service other than service as Commissioner, including provisions—

(a) for aggregating other service falling within the judicial scheme with service as Commissioner, or service a Commissioner with such other service, for the purposes of determining qualification for or the amount of benefit under that scheme;

(b) for increasing the amount of the benefit payable under the judicial scheme, in the case of a person to whom that scheme applied in respect of an office held by him before appointment as Commissioner, up to the amount which would have been payable thereunder if he had retired from that office on the ground of permanent infirmity immediately before his appointment;

(c) for limiting the amount of benefit payable under the judicial scheme, in the case of a person to whom the civil service scheme applied in respect of service before his appointment as Commissioner, by reference to the difference between the amount of the benefit granted in his case under the civil service scheme and the amount which would be payable under the judicial scheme if that service had been service as Commissioner.

Marginal Citations

M5 1965 c. 74(101A:1).

5 Any statutory instrument made by virtue of this Schedule shall be subject to annulment in pursuance of a resolution of the House of Commons.