Superannuation (Miscellaneous Provisions) Act 1967

11 Pensions of certain persons transferring to different employment. U.K.

(1) For the purposes of section 2 of the M1 Superannuation (Miscellaneous Provisions) Act 1948 (under which rules may be made with respect to the pension payable to or in respect of a person who has been employed in an employment of one of the classes specified in subsection (2) of that section and becomes employed in a different employment), employment in the descriptions of service as teachers referred to in paragraph (e) of that subsection shall be treated as employments of different classes instead of as employment of the same class, and the enactments specified in subsections (2) to (5) of this section shall accordingly have effect subject to the amendments so specified.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(3) In subsection (3) of the said section 2 (which specifies the appropriate Minister for the purposes of any class of employment specified in subsection (2) of that section), as amended by Schedule 1 to the M2 Overseas Service Act 1958, for paragraphs (v) and (vi) there shall be substituted the following:—

“(v) in relation to a class specified in paragraph (e), (ee) or (f) of the said subsection (2), the Secretary of State acting with the consent of the Treasury”;

and so much of the said Schedule as amends the said subsection (3) is hereby repealed.

(4) In subsection (4) of the said section 2, for paragraph (b) there shall be substituted the following:—

“(b) where either of the employments is such an employment as is mentioned in paragraph (a), (e), (ee) or (f) of subsection (2) of this section, payments out of moneys provided by Parliament”;

and paragraph (d) of the said subsection (4) and so much of Schedule 1 to the said Act of 1958 as amends that subsection are hereby repealed.

(5) In section 17(1) of the said Act of 1948, for the definition of Scottish Teachers Superannuation Scheme there shall be substituted the following definition— “ “Scottish Teachers Superannuation Scheme” means the Teachers Superannuation Scheme and the Teachers (Superannuation) Regulations as those expressions are defined in section 145(47) and (48) of the Education (Scotland) Act 1962. ”

(6) In section 2(4)(a) of the said Act of 1948 (which, in the case of a person changing his employment who has recieved any payment in respect of his pension rights upon ceasing to be employed in his former employment, enables rules to require payments by that person equal to all or any of the amounts so recieved) at the end there shall be inserted the words “ with or without interest on those amounts for the whole or any part of the period since he received them ”.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(8) Where—

(a) on 1st January 1967 a person was serving in one of the capacities specified in section 10(1) of the M3 Police Pensions Act 1921; and

(b) before that date that person had served in one or more other of those capacities,

then, in lieu of the provision with respect to any pension payable to that person made by paragraph (b) of the proviso to the said section 10(1), there shall be deemed as from that date to have been payable by or to such [F3 police pension authority], or to the Treasury, or out of moneys provided by Parliament, as the case may require, such transfer value or values as the Treasury may direct, regard being had to the period of service and the pay received by that person in each respectively of those capacities.

[F4 (9) In this section “ police pension authority ” means—

(a) the chief constable of any police force maintained under section 2 of the Police Act 1996;

(b) the Commissioner of Police of the Metropolis;

(c) the Common Council of the City of London in its capacity as a police authority; and

(d) any police authority within the meaning of the Police (Scotland) Act 1967.]

Textual Amendments

F1 Ss. 1, 2(2)(3), 6, 8, 11(2), 15(5), 16 repealed by Superannuation Act 1972 (c. 11), s. 23(1), Schs. 5, 8

F2 S. 11(7) repealed by Police Pensions Act 1976 (c. 35), Sch. 3

F3 Words in s. 11(8) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 87(2); S.I. 2011/3019, art. 3, Sch. 1

F4 S. 11(9) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 87(3); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 21)

Modifications etc. (not altering text)

C1 The text of Ss. 11(3)(4)(5)(6)(7), 15(8)(a)–(l) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M1 1948 c. 33.

M2 1958 c. 14

M3 1921 c. 31.