Pensions (Increase) Act 1971

Sections 4, 5, 7 and 15.

SCHEDULE 2U.K. Official Pensions

Part IU.K. State Pensions

Modifications etc. (not altering text)

C1Sch. 2 Pt. I extended by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 30, Sch. 3 para. 7(1)–(4)

Sch. 2 Pt. I extended by the Pensions Increase (Civil Service Early Retirement Pension Scheme 1992) Regulations 1993, 1993/806, regs. 3,4 (which Regulations come into force 12.4.1993 but by reg. 4 it is provided that any increase of pensions payable by virtue of those Regulations shall have effect in respect of any pension beginning on or after 1.4.1992).

Sch. 2 Pt. I modified (25.7.1995) by S.I. 1995/1680, reg. 3

SCh. 2 Pt. I modified (25.7.1995) by S.I. 1995/1681, reg. 3

Sch. 2 Pt. I modified (25.7.1995) by S.I. 1995/1682, reg. 3

Sch. 2 Pt. I modified (25.7.1995) by S.I. 1995/1683, reg. 3

Ministerial and parliamentaryE+W+S

1E+W+SA pension payable under section 3 of the M1Ministerial Salaries Consolidation Act 1965 (Prime Ministers) [F1or under section 26 or section 27 of the M2Parliamentary and other Pensions Act 1972 (Pensions of the Prime Minister and Speaker and their dependants).]

Textual Amendments

F1Words inserted by Parliamentary and other Pensions Act 1972 (c. 48), s. 31(2)(a)

Marginal Citations

2E+W+SA pension payable under the M3Lord Chancellor’s Pension Act 1832 [F2as amended by section 28 of the M4Parliamentary and other Pensions Act 1972.]

Textual Amendments

F2Words inserted by Parliamentary and other Pensions Act 1972 (c. 48), s. 31(2)(b)

Marginal Citations

3E+W+S A pension payable under . . . F3 the M5Hon. Lady Hylton-Foster’s Annuity Act 1965 [F4M6or (except in respect of any period ending before 1st April 1972) under Mr Speaker King’s Retirement Act 1971.]

Textual Amendments

F4Words inserted by Parliamentary and other Pensions Act 1972 (c. 48), s. 31(2)(c)

Marginal Citations

[F53AE+W+SA pension which under the Parliamentary pension scheme (within the meaning of the Parliamentary and other Pensions Act 1987) is payable out of the Parliamentary Contributory Pension Fund.]

Textual Amendments

[F6 European AssemblyE+W+S

Textual Amendments

3BE+W+SA pension payable under an order made under section 4 of the M7European Assembly (Pay and Pensions) Act 1979.]

Marginal Citations

Civil ServiceE+W+S

4E+W+SA pension payable under the M8Superannuation Acts 1965 M9 and 1967 [F7or under a scheme made under section 1 of the M10Superannuation Act 1972, being the principal civil service pension scheme within the meaning of section 2 of that Act.]

Textual Amendments

Marginal Citations

[F84AE+W+SA pension payable under Part I or section 19 of the Judicial Pensions and Retirement Act 1993, other than a pension payable under or by virtue of section 10 of that Act.]

Textual Amendments

Administration of justiceE+W+S

5—6.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Textual Amendments

7E+W+SA pension payable under section 9 of the M11County Courts Act 1934 (county court judges).

Marginal Citations

8E+W+SA pension payable under section 20 of the M12Sheriff Courts (Scotland) Act 1907 or section 1 of the M13Sheriffs’ Pensions (Scotland) Act 1961 (sheriffs and salaried sheriffs-substitute).

Marginal Citations

9E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

Textual Amendments

10E+W+SA pension payable under section 4(5) of the M14Criminal Justice Administration Act 1956 (Recorder of Manchester or Liverpool).

Marginal Citations

11E+W+SA pension payable under the Superannuation (President of the M15Industrial Court) Act 1954.

Marginal Citations

12E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

Textual Amendments

13E+W+SA pension payable under the M16Police Magistrates (Superannuation) Acts 1915 M17 and 1929 [F12or under Part I of Schedule 1 to the M18Administration of Justice Act 1973.]

Textual Amendments

Marginal Citations

Police and firemenE+W+S

14E+W+SA pension payable by a Secretary of State under the M19Police (Overseas Service) Act 1945 to a person who at the time of his retirement was engaged as mentioned in section 1(1) of the Act.

This paragraph includes a substituted pension not so payable if the original pension is so payable.

Marginal Citations

15A pension payable by a Secretary of State under the [F13M20Police Pensions Act 1976] to a person who at the time of his retirement—

(a)was engaged as mentioned in section 1(1) of the Police (Overseas Service) Act 1945; or

[F14(b)was engaged on service pursuant to an appointment under section 10 of the M21Overseas Development and Co-operation Act 1980, being service in respect of which [F15section 97 of the Police Act 1996] or, as the case may be, section 38A of the M22Police (Scotland) Act 1967 had effect; or

(ba)was engaged on temporary service in accordance with [F16section 26(2) of the Police Act 1996] or section 12A(2) of the M23Police (Scotland) Act 1967; or]

(c)was serving as an inspector or assistant inspector of constabulary under [F17the Police Act 1996] or the M24Police (Scotland) Act 1967; or

[F18(d)was engaged—

(i)on relevant service within paragraph (b), (c) or (d) of section 97(1) of the Police Act 1996, or

(ii)on central service pursuant to section 38 of the Police (Scotland) Act 1967.]

This paragraph includes a substituted pension not so payable if the original pension is so payable.

Textual Amendments

F14Sch. 2 para. 15(b)(ba) substituted for para. 15(b) (21.7.1994 for purposes specified in s. 94(3)(c)(d) of the substituting Act and 1.4.1995 for all remaining purposes) by 1994 c. 29, ss. 44, 94(3)(c)(d), Sch. 5 Pt. II para. 17; S.I. 1994/3262, art. 4(1), Sch. (with transitional provision in art. 5)

Marginal Citations

[F1915AE+W+SA pension payable by a Secretary of State under regulations made under section 24 of the M25Superannuation Act 1972 (compensation for loss of employment, etc.) to or in respect of such a person as is referred to in paragraph 15 above.]

Textual Amendments

Marginal Citations

16E+W+SA pension payable by a Secretary of State in accordance with a scheme in force under section 26 of the M26Fire Services Act 1947.

This paragraph does not apply to a flat-rate pension, except where the rate depends on section 27(3) of that Act.

Marginal Citations

[F2016AE+W+SA pension payable by a Secretary of State to or in respect of a person in relation to whom a scheme may be made under the said section 26, being a pension payable under regulations made under section 24 of the M27Superannuation Act 1972.]

Textual Amendments

Marginal Citations

TeachersE+W+S

17E+W+SA pension payable under the Elementary School Teachers (Superannuation) Acts 1898 to 1912.

18E+W+SA pension payable under the Teachers (Superannuation) Acts 1918 to 1956.

This paragraph does not include—

(a)

a pension specified in paragraph 56 of this Schedule; or

(b)

so much of any pension payable under the M28said Acts of 1918 to 1956 as would not have been payable apart from an election under section 10(1) of the Teachers (Superannuation) Act 1956.

Marginal Citations

19E+W+SA pension payable under the Education (Scotland) Acts 1939 to 1967.

This paragraph does not include a pension granted under Regulation 45 of the M29Teachers (Superannuation) (Scotland) Regulations 1957.

Marginal Citations

20E+W+SA pension payable under regulations made under [F21section 9 of the M30Superannuation Act 1972]

Textual Amendments

Marginal Citations

[F2220AE+W+SA pension payable to or in respect of a teacher under regulations made under section 24 of the M31Superannuation Act 1972 (compensation for loss of employment, etc.).]

Textual Amendments

Marginal Citations

21E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

Textual Amendments

National health serviceE+W+S

22E+W+SA pension payable by a Secretary of State under or by virtue of any of the following:—

(a)section 6 of the M32National Health Service Act 1946 or of the M33National Health Service (Scotland) Act 1947 (former officers of voluntary hospitals);

(b)section . . . F24 68 of the National Health Service Act 1946 or section . . . F24 67 of the National Health Service (Scotland) Act 1947 (former officers of hospital authorities and others engaged in health services);

[F25(c)regulations made under section 10 of the M34Superannuation Act 1972;]

[F26(d)section 44 of the M35National Health Service Reorganisation Act 1973 or section 34A of the M36National Health Service (Scotland) Act 1972.]

Textual Amendments

Marginal Citations

23E+W+SA pension payable by a Secretary of State in consequence of any change affecting the National Health Service and payable—

(a)in pursuance of an order under section 11(9) of the National Health Service Act 1946; or

(b)under regulations made under section 60(2) of the M37Local Government Act 1958, section 85(4) of the M38London Government Act 1963 . . . F27

Textual Amendments

Marginal Citations

[F2823AE+W+SA pension payable to or in respect of a person in relation to whom regulations may be made under the said section 10, being a pension payable under regulations made under section 24 of the said Act of 1972 (compensation for loss of employment, etc.).]

Textual Amendments

National insuranceE+W+S

24E+W+SA pension payable by a Secretary of State in pursuance of regulations made under section 67 of the M39National Insurance Act 1946 (loss of employment or diminution of emoluments attributable to passing of that Act of former employees of approved societies etc.).

Marginal Citations

25E+W+SA pension payable in pursuance of rules made under section 3 of the M40Superannuation (Miscellaneous Provisions) Act 1948 (former employees of approved societies etc.).

This paragraph does not include a pension payable under the [F29principal civil service pension scheme within the meaning of section 2 of the M41Superannuation Act 1972.]

Textual Amendments

Marginal Citations

26E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30

Textual Amendments

Diplomatic, colonial and overseas serviceE+W+S

27E+W+SA pension payable under the M42Governors Pensions Acts 1957 and 1967.

Marginal Citations

[F3127AE+W+SA pension payable under any scheme or part of a scheme made under section 2 of the Overseas Pensions Act 1973 which incorporates, replaces or amends the provisions of the M43Governors’ Pensions Acts 1957 and 1967 or of the M44Superannuation Act 1965 so far as it continued to have effect by virtue of section 23(2) of the M45Superannuation Act 1972.]

Textual Amendments

Marginal Citations

28E+W+SA pension payable under the M46Judges Pensions (India and Burma) Act 1948.

Marginal Citations

29E+W+SA pension payable under the M47Diplomatic Salaries &c. Act 1869.

Marginal Citations

Service in IrelandU.K.

30U.K.A pension payable under Schedule 8 to the M48Government of Ireland Act 1920 (former Irish civil servants).

Marginal Citations

31U.K.A pension payable to or in respect of an existing Irish officer within the meaning of the Government of Ireland Act 1920, under the Superannuation Acts 1834 to 1965.

32U.K.A pension payable under the enactments relating to pensions of the Royal Irish Constabulary.

This paragraph does not include a pension payable under regulations made under section 1 of the M49Royal Irish Constabulary (Widows’ Pensions) Act 1954.

Marginal Citations

MiscellaneousE+W+S

33E+W+SA pension payable by a Secretary of State in respect of service as officer of a local valuation panel, under regulations made under section 85(4) of the M50London Government Act 1963.

Marginal Citations

34E+W+SA pension payable under section 29 of the M51Finance Act 1932, section 60 of the M52Finance (No. 2) Act 1945 or section 62 of the M53Finance Act 1946 (compensation to tax collectors and assessors for loss of employment).

Marginal Citations

35E+W+SA pension payable by way of residual compensation under Part IV of the M54Gas (Staff Compensation) Regulations 1949 as amended by the M55Gas (Staff Compensation) (Amendment) Regulations 1951 (gas meter examiners and others employed by local authorities before nationalisation).

Marginal Citations

36E+W+SA widow’s pension payable by a Secretary of State in accordance with a scheme framed by the then Army Council under the M56Injuries in War (Compensation) Act 1914 (Session 2) for established civil servants employed abroad within the sphere of military operations.

Marginal Citations

37E+W+SA pension payable by a Secretary of State under regulations made under [F32section 129 of the M57Reserve Forces Act 1980] (civilian employees of Territorial and Auxiliary Forces Associations).

Textual Amendments

Marginal Citations

38E+W+SA pension payable by a Secretary of State in respect of service with the St. Andrew’s Ambulance Association, by reference to regulations made under section 4 of the M58Public Expenditure and Receipts Act 1968.

Marginal Citations

[F3338AE+W+S A pension payable by virtue of paragraph [F3410 of Schedule 1][F3415(2) of Schedule 1 to the Enterprise and New Towns (Scotland) Act 1990 (as read with paragraph 7 of Schedule 3 to that Act)]or of regulations made under paragraph 3 of Schedule 3 to the M59Scottish Development Agency Act 1975.]

Textual Amendments

Marginal Citations

Part IIE+W+S Pensions out of Local Funds

[F35 Scottish Parliament and Scottish ExecutiveE+W+S

Textual Amendments

F3638ABE+W+SA pension payable under a scheme established by virtue of section 81(4)(b) of, or paragraph 3(4)(b) of Schedule 2 to, the Scotland Act 1998.]

Textual Amendments

[F37 National Assembly for Wales]E+W+S

Textual Amendments

[F3838BE+W+SA pension payable under a scheme established under section 18(2)(b) of the Government of Wales Act 1998.]

Textual Amendments

Local government serviceE+W+S

39E+W+SA pension payable by a local authority in respect of service ending with local government service, other than a pension within paragraph 44, 45 or 52 of this Schedule or within the exception from paragraph 44.

Administration of justiceE+W+S

40E+W+SA pension payable under section 33 of the Justices of the M60Peace Act 1949 (stipendiary magistrates).

Marginal Citations

41E+W+SA pension payable by a local authority under Part I of the M61Administration of Justice (Pensions) Act 1950 (widows and children of stipendiary magistrates and of chairmen and deputy chairmen of London Sessions).

Marginal Citations

42E+W+SA pension payable under section 22 of the Administration of Justice (Pensions) Act 1950 (chairmen and deputy chairmen of London Sessions).

Police and firemenE+W+S

43E+W+SA pension payable (otherwise than as mentioned in paragraph 14 or 15 above) under any of the following;—

(a)[F39the M62Police Pensions Act 1976, or any enactment repealed by the M63Police Pensions Act 1948] or by the M64Police Pensions Act 1921;

[F40(b)section 51 or 52 of the Police Act 1996;]

(c)section 26 or 27 of the M65Police (Scotland) Act 1967.

This paragraph does not include a derivative pension other than a substituted pension, nor a substituted pension if the original pension was a derivative pension.

Textual Amendments

Marginal Citations

44E+W+SA pension payable by a local authority, in respect of service as a member of a fire brigade, in accordance with a scheme in force under section 26 of the M66Fire Services Act 1947.

This paragraph does not apply to a flat-rate pension, except where the rate depends on section 27(3) of that Act.

Marginal Citations

45E+W+SA pension payable by a local authority, otherwise than as mentioned in paragraph 44 above, in respect of—

(a)service as a professional fireman (as defined by the M67Fire Brigade Pensions Act 1925); or

(b)service which, by or under any enactment, is treated as approved service in a fire brigade.

Marginal Citations

46E+W+SA derivative pension payable under the M68Police Pensions Act 1921 in respect of a person to whom the M69National Fire Service (Preservation of Pensions) (Police Firemen) Regulations 1941 applied at the time of that person’s death or retirement.

Marginal Citations

M69S.R. & O. 1941/1271.

Court and police staffsE+W+S

47E+W+SA pension payable by a local authority in England or Wales under any enactment other than section 15(1) to (7) of the M70Superannuation (Miscellaneous Provisions) Act 1967 in respect of—

(a)service as a justices’ clerk or as the employee of a justices’ clerk; or

(b)service as a person employed by a magistrates’ courts committee to assist a justices’ clerk [F41or as staff of such a committee; or.

(c)service as a justices’ chief executive.]

Textual Amendments

F41Sch. 2 para. 47(c), and preceding words in para. 47(b) added (1.4.1995) by 1994 c. 29, s. 91, Sch. 8 Pt. II para. 26; S.I. 1995/685, arts. 4(l), 7(2)(b)

Marginal Citations

48E+W+SA pension payable by F42the [F43London Residuary Body][F43London Pensions Fund Authority]in respect of service ending with employment by the committee of magistrates for the inner London area.

Textual Amendments

F43Words “London Pensions Fund Authority” substituted for “London Residuary Body” by S.I. 1989/1815, art. 7(5)

49E+W+SA pension payable by [F44the][F45London Residuary Body][F45London Pensions Fund Authority]under any enactment in respect of service in the employment of the standing joint committee for the county of London as clerk of the peace or deputy clerk of the peace or in any other capacity.

Textual Amendments

F45Words “London Pensions Fund Authority” substituted for “London Residuary Body” by S.I. 1989/1815, art. 7(5)

50E+W+SA pension payable under section 15(1) to (7) of the Superannuation (Miscellaneous Provisions) Act 1967 (metropolitan civil staffs).

51E+W+SA pension payable by a local authority, or by a police authority in England and Wales F46. . ., under any enactment other than section 15 of the M71Superannuation (Miscellaneous Provisions) Act 1967 in respect of service ending with—

(a)service as a civilian employed under [F47section 15 of the Police Act 1996] by such a police authority; or

(b)service as a traffic warden employed by such a police authority under section 2 of the M72Road Traffic and Roads Improvement Act 1960 or section 81(9) of the M73Road Traffic Regulation Act 1967 [F48section 95(1) of the Road Traffic Regulation Act 1984.]

Textual Amendments

F46Words in Sch. 2 para. 51 repealed (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 9 Pt. I

F47Words in Sch. 2 para. 51(a) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II, para. 18(4)

Marginal Citations

52E+W+SA pension payable by a police authority under regulations made under section 60(2) of the M74Local Government Act 1958, section 85(4) of the M75London Government Act 1963 or section 4 of the M76Public Expenditure and Receipts Act 1968 (compensation for loss of employment or emoluments due to reorganisation of local government etc). [F49or under regulations made under section 24 of the M77Superannuation Act 1972 (further provisions requiring payment of compensation for loss of employment, etc.).

This paragraph does not apply to a pension payable as mentioned in paragraph 15A above.]

Textual Amendments

Marginal Citations

Probation and after-care serviceE+W+S

53E+W+SA pension payable in accordance with regulations under Schedule 4 to the M78Local Government Superannuation Act 1953 [F50or section 7 of the M79Superannuation Act 1972] in respect of service as a probation officer or as a person appointed to assist a probation officer in the performance of his duties by a probation and after-care committee, by the Secretary of State or, before 1st July 1944, by a probation officer.

Textual Amendments

Marginal Citations

[F5153AE+W+SA pension payable in accordance with regulations under section 7 of the M80Superannuation Act 1972 in respect of service as chairman, chief officer, member or member of the staff of a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000.]

Textual Amendments

Marginal Citations

54E+W+SA pension payable by a local authority in England and Wales in respect of service as a member of the staff of an approved probation home or an approved probation hostel.

55E+W+SA pension payable by a probation and after-care committee under regulations made under section 60(2) of the M81Local Government Act 1958 or section 85(4) of the M82London Government Act 1963 (compensation for loss of employment or emoluments due to reorganisation of local government) [F52or under regulations made under section 24 of the M83Superannuation Act 1972 (further provisions requiring payment of compensation for loss of employment, etc.).]

Textual Amendments

Marginal Citations

Teachers and school staffE+W+S

56E+W+SA pension payable by a local authority under section 14(3)(b) of the M84Teachers (Superannuation) Act 1925.

Marginal Citations

57E+W+SA pension payable by a local authority in England or Wales under any enactment in respect of service as an employee of the managers of a non-provided school within the meaning of the M85Education Act 1921 or a voluntary school within the meaning of [F53the Education Act 1996.].

Textual Amendments

F53Words in Sch. 2 Pt. II substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(3), Sch. 37 Pt. I, para. 20 (with ss. 1(4), 582(3), Sch. 39)

Marginal Citations

58E+W+SA pension payable by a local authority in England or Wales under any enactment in respect of service as an employee of the governing body of any school or educational institution (other than a public elementary school or a county or voluntary school) if the whole cost of maintaining the school or educational institution after deducting such part of the cost (if any) as is met by the governing body fell or falls to be met by the local authority.

59E+W+SA pension payable by a local authority in respect of service as a member of the staff of an approved school.

MiscellaneousE+W+S

60E+W+SA pension payable by a local authority under any enactment in respect of service as a registration officer as defined in [F54regulations made under section 7 of the M86Superannuation Act 1972.]

Textual Amendments

Marginal Citations

61E+W+SA pension payable under [F55section 6 of the M87Coroners (Amendment) Act 1926 (county and borough coroners)][F55paragraph 2 of Schedule 1 to the Coroners Act 1988.]

Textual Amendments

F55Words substituted (E.W.) by Coroners Act 1988 (c. 13, SIF 33),s. 36(1), Sch. 3 para. 15

Marginal Citations

62E+W+SA pension payable by a local authority in respect of service as a clerk, officer or servant employed under section 47 of the M88Local Government Act 1948 or section 92 of the M89General Rate Act 1967 by a local valuation panel.

Marginal Citations

63E+W+SA pension payable by a local authority in respect of service ending with service as a rent officer or deputy rent officer under section 22 or 24 of the M90Rent Act 1965 or section 40 of the M91Rent Act 1968 [F56or section 63 of the M92Rent Act 1977.]

Textual Amendments

Marginal Citations

64E+W+SA pension payable by a local authority by way of such compensation as is mentioned in section 8(1)(b) [F57or (c)] of this Act.

Textual Amendments

[F5864AE+W+SA pension payable by a residuary body established by the Local Government Act 1985 in respect of service ending with service with that body.]

Textual Amendments

Modifications etc. (not altering text)

[F5964BE+W+SA pension payable by such a residuary body, being a pension which would fall within any of the foregoing paragraphs of this Part of this Schedule if references to a local authority had continued to include references to the authorities abolished by the Act.]

Textual Amendments

[F6064CE+W+SA pension payable by the London Residuary Body, being a pension which would fall within any of the foregoing paragraphs of this Part of this Schedule if references to a local authority had continued to include references to the Inner London Education Authority.]

Textual Amendments

[F61F6264DE+W+SA pension payable by the London Pensions Fund Authority.]

Textual Amendments

F61Sch. 2 Pt. II para. 64D inserted (E.W.) (30.10.1989) at the end of Part II by SI 1989/1815, art. 7(6)

F62Para. renumbered 64D by S.I. 1990/198, art.3

Part IIIE+W+S Other Pensions

[F63F6465E+W+SA pension payable by the trustees of a trustee saving bank or by the Inspection Committee of trustees saving banks]

Textual Amendments

F63Sch. 2 Pt. III para. 65 repealed by Trustee Savings Banks Acts 1976 (c.4) Sch. 6 except in relation to any pension begining before 21.11.1976; the text is retained for this reason.

F64The text of Sch 2 Pt. III para. 65, Sch. 3 para. 4, 5, Sch. 7,Sch. 8 Pt.I, II 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.

66E+W+SA pension payable in respect of service with, or as compensation for loss of employment on the winding up of, the Raw Cotton Commission.

In relation to a pension within this paragraph the Minister for the Civil Service shall be taken to be the pension authority.

67E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65

Textual Amendments

68E+W+SA pension payable by the council of the London borough of Southwark in respect of employment in the borough market, Southwark.

[F6668AE+W+SA pension payable by virtue of regulations made under section 3(2) of the M93New Towns (Scotland) Act 1977.]

Textual Amendments

Marginal Citations