Chwilio Deddfwriaeth

Pensions (Increase) Act 1971

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SCHEDULES

Section 1.

SCHEDULE 1E+W+S Table for conversion of basic rate to 1969 standard

[Note:—The year to be taken is that in which the pension is, under section 8(2), to be treated as beginning.]

Year MultiplierYear MultiplierYear Multiplier
Any year1951 . . . 1.8861960 . . . 1.383
up to1952 . . . 1.7281961 . . . 1.338
1944 . . . 3.0521953 . . . 1.6751962 . . . 1.282
1945 . . . 2.5831954 . . . 1.6451963 . . . 1.258
1946 . . . 2.3481955 . . . 1.5741964 . . . 1.218
1947 . . . 2.3271956 . . . 1.5011965 . . . 1.162
1948 . . . 2.1791957 . . . 1.4481966 . . . 1.118
1949 . . . 2.1191958 . . . 1.4041967 . . . 1.091
1950 . . . 2.0591959 . . . 1.3971968 . . . 1.042

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

F11E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F23AE+W+SA pension which, under a scheme under paragraph 12 or 16 of Schedule 6 to the Constitutional Reform and Governance Act 2010, is payable out of the Parliamentary Contributory Pension Fund.]

Textual Amendments

[F3 European AssemblyE+W+S

Textual Amendments

3BE+W+S A pension payable under [F4 a scheme ] made under section 4 of the M1 European Assembly (Pay and Pensions) Act 1979. ]

Textual Amendments

Marginal Citations

Civil ServiceE+W+S

4E+W+SA pension payable under the M2Superannuation Acts 1965 M3 and 1967 [F5or under a scheme made under section 1 of the M4Superannuation Act 1972, being the principal civil service pension scheme within the meaning of section 2 of that Act.]

Textual Amendments

Marginal Citations

[F64ZAE+W+SA pension payable under a scheme made by the Minister for the Civil Service under section 1 of the Public Service Pensions Act 2013 by virtue of section 1(2)(a) of that Act (civil servants).]

Textual Amendments

[F74AE+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

F7Sch. 2 para. 4A inserted (31.3.1995) by 1993 c. 8, ss. 22(1), 31(2); S. I. 1995/631, art. 2

[F84AAE+W+SA pension payable under a scheme made under section 18A of the Judicial Pensions and Retirement Act 1993, other than a pension payable under or by virtue of provision that is corresponding or similar to the provision that may be made by regulations under section 10 of that Act.]

Textual Amendments

[F94BE+W+SA pension payable under a scheme made by the Lord Chancellor under section 1 of the Public Service Pensions Act 2013 by virtue of section 1(2)(b) of that Act (judiciary).]

Textual Amendments

Administration of justiceE+W+S

5—6.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

Textual Amendments

F10Sch. 2 Pt. 1 paras. 5, 6, 9, 12, 26 repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 30, Sch. 4

7E+W+SA pension payable under section 9 of the M5County Courts Act 1934 (county court judges).

Marginal Citations

8E+W+SA pension payable under section 20 of the M6Sheriff Courts (Scotland) Act 1907 or section 1 of the M7Sheriffs’ Pensions (Scotland) Act 1961 (sheriffs and salaried sheriffs-substitute).

Marginal Citations

9E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

Textual Amendments

F11Sch. 2 Pt. 1 paras. 5, 6, 9, 12, 26repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 30, Sch. 4

10E+W+SA pension payable under section 4(5) of the M8Criminal Justice Administration Act 1956 (Recorder of Manchester or Liverpool).

Marginal Citations

11E+W+SA pension payable under the Superannuation (President of the M9Industrial Court) Act 1954.

Marginal Citations

12E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Textual Amendments

F12Sch. 2 Pt. 1 paras. 5, 6, 9, 12, 26 repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 30, Sch. 4

13E+W+SA pension payable under the M10Police Magistrates (Superannuation) Acts 1915 M11 and 1929 [F13or under Part I of Schedule 1 to the M12Administration of Justice Act 1973.]

Police and firemenE+W+S

14E+W+SA pension payable by a Secretary of State under the M13Police (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

15E+W+SA pension payable by a Secretary of State under the M14[F14Police 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

[F15(b)was engaged on service pursuant to an appointment under section 10 of the M15Overseas Development and Co-operation Act 1980, [F16or in connection with the provision by the Secretary of State of assistance under the International Development Act 2002] being service in respect of which [F17section 97 of the Police Act 1996] [F18had effect] or, as the case may be, [F19being temporary service outwith the Police Service of Scotland pursuant to section 15 of the Police and Fire Reform (Scotland) Act 2012]; or

(ba)was engaged on temporary service in accordance with [F20section 26(2) of the Police Act 1996] or [F21was engaged on temporary service in pursuance of section 15 of the Police and Fire Reform (Scotland) Act 2012 with any person engaged in activity outwith the United Kingdom]; or]

(c)was serving as an inspector or assistant inspector of constabulary under [F22the Police Act 1996] or [F23Chapter 11 of Part 1 of the Police and Fire Reform (Scotland) Act 2012]; or

[F24(d)was engaged—

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

F25( ii ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .][F26; or

(e)was a constable of the Police Service of Scotland—

(i)serving as a staff officer of the inspectors of constabulary in accordance with arrangements made under section 73(1)(b) of the Police and Fire Reform (Scotland) Act 2012; or

(ii)engaged on service under the Crown, with the consent of the chief constable of the Police Service of Scotland, in connection with research or other services connected with the police provided by the Scottish Ministers.]

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

Textual Amendments

F15Sch. 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)

F16Words in Sch. 2 para. 15(b) inserted (17.6.2002) by International Development Act 2002 (c. 1), s. 19, Sch. 3 para. 4 (with Sch. 5 para. 5); S.I. 2002/1408, art. 2

F17Words in Sch. 2 para. 15(b) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II, para. 18(2)(a)

F20Words in Sch. 2 para. 15(ba) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II, para. 18(2)(b)

F22Words in Sch. 2 para. 15(c) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II, para. 18(2)(c)

F24Sch. 2 para. 15(d) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7, Pt. II, para. 18(2)(d)

Marginal Citations

[F2715AE+W+S A pension payable by a Secretary of State under regulations made under section 24 of the M16 Superannuation 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

[F2815BE+W+SA pension payable by the Secretary of State under a scheme made by the Secretary of State under section 1 of the Public Service Pensions Act 2013 by virtue of section 1(2)(g) of that Act (members of police forces) to or in respect of such a person as is referred to in paragraph 15 above.]

Textual Amendments

[F29 16 E+W+SA pension payable by a Secretary of State in accordance with a scheme brought into operation under section 34 of the Fire and Rescue Services Act 2004.]

Textual Amendments

F29Sch. 2 para. 16 substituted (1.10.2004 for specified purposes except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 35(2) (with savings for E.S. in S.I. 2004/2306, art. 3, Sch. and for W. in S.I. 2004/2918, art. 3, Sch.; and for S. (11.11.2004) in S.I. 2004/2918, art.1(1), Sch.); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

[F30 16A E+W+SA pension which is payable—

(a)by a Secretary of State under regulations made under section 24 of the Superannuation Act 1972; and

(b)to or in respect of a person in respect of whose service a payment may be made under a scheme brought into operation under section 34 of the Fire and Rescue Services Act 2004.]

Textual Amendments

F30 Sch. 2 paras. 16, 16A substituted for Sch. 2 para. 16 (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21) , s. 61 , Sch. 1 para. 35(2) (with savings for E.S. in S.I. 2004/2306 , art. 3 , Sch., for W. and S. in S.I. 2004/2918, arts. 1(1), 3 , Sch.); S.I. 2004/2304 , art. 2; S.I. 2004/2917, art. 2

[F3116BE+W+SA pension payable by the Secretary of State under a scheme made by the Secretary of State under section 1 of the Public Service Pensions Act 2013 by virtue of section 1(2)(f) of that Act (fire and rescue workers).]

Textual Amendments

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 M17said 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 M18Teachers (Superannuation) (Scotland) Regulations 1957.

Marginal Citations

20E+W+SA pension payable under regulations made under [F32section 9 of the M19Superannuation Act 1972]

Textual Amendments

Marginal Citations

[F3320AE+W+S A pension payable to or in respect of a teacher under regulations made under section 24 of the M20 Superannuation Act 1972 (compensation for loss of employment, etc. ). ]

Textual Amendments

Marginal Citations

[F3420BE+W+SA pension payable by the Secretary of State under a scheme made by the Secretary of State under section 1 of the Public Service Pensions Act 2013 by virtue of section 1(2)(d) of that Act (teachers).

Textual Amendments

20CE+W+SA pension payable under a scheme made by the Scottish Ministers under section 1 of the Public Service Pensions Act 2013 by virtue of section 1(2)(d) of that Act (teachers).]

Textual Amendments

21E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35

Textual Amendments

F35Sch. 2 Pt. I para. 21 repealed by Superannuation Act 1972 (c. 11), s. 29(4), Sch. 8

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 M21National Health Service Act 1946 or of the M22National Health Service (Scotland) Act 1947 (former officers of voluntary hospitals);

(b)section . . . F36 68 of the National Health Service Act 1946 or section . . . F36 67 of the National Health Service (Scotland) Act 1947 (former officers of hospital authorities and others engaged in health services);

[F37(c) regulations made under section 10 of the M23 Superannuation Act 1972; ]

[F38(d) section 44 of the M24 National Health Service Reorganisation Act 1973 or section 34A of the M25 National Health Service (Scotland) Act 1972. ]

[F3922AE+W+SA pension payable by the Secretary of State under a scheme made by the Secretary of State under section 1 of the Public Service Pensions Act 2013 by virtue of section 1(2)(e) of that Act (health service workers).

Textual Amendments

22BE+W+SA pension payable under a scheme made by the Scottish Ministers under section 1 of the Public Service Pensions Act 2013 by virtue of section 1(2)(e) of that Act (health service workers).]

Textual Amendments

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 M26Local Government Act 1958, section 85(4) of the M27London Government Act 1963 . . . F40

Textual Amendments

Marginal Citations

[F4123AE+W+S A 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 M28National 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 M29Superannuation (Miscellaneous Provisions) Act 1948 (former employees of approved societies etc.).

This paragraph does not include a pension payable under the [F42principal civil service pension scheme within the meaning of section 2 of the M30Superannuation Act 1972.]

Textual Amendments

Marginal Citations

26E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

Textual Amendments

F43Sch. 2 Pt. 1 paras. 5, 6, 9, 12, 26 repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 30, Sch. 4

Diplomatic, colonial and overseas serviceE+W+S

27E+W+SA pension payable under the M31Governors Pensions Acts 1957 and 1967.

Marginal Citations

[F4427AE+W+S A 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 M32 Governors’ Pensions Acts 1957 and 1967 or of the M33 Superannuation Act 1965 so far as it continued to have effect by virtue of section 23(2) of the M34 Superannuation Act 1972. ]

Textual Amendments

Marginal Citations

F4528E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F45Sch. 2 para. 28 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 11

29E+W+SA pension payable under the M35Diplomatic Salaries &c. Act 1869.

Marginal Citations

[F46Armed forcesU.K.

Textual Amendments

F46Sch. 2 para. 29A and cross-heading inserted (28.2.2014) by Public Service Pensions Act 2013 (c. 25), s. 41(2), Sch. 8 para. 5(8) (with Sch. 11 para. 8); S.I. 2014/433, art. 5(b)

29AU.K.A pension payable under a scheme made under section 1 of the Public Service Pensions Act 2013 by virtue of section 1(2)(h) of that Act (armed forces).]

Service in IrelandU.K.

30U.K.A pension payable under Schedule 8 to the M36Government 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 M37Royal 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 M38London Government Act 1963.

Marginal Citations

F4734E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F47Sch. 2 para. 34 omitted (6.4.2013) by virtue of Finance Act 2012 (c. 14), Sch. 39 para. 54(2)(3)

35E+W+SA pension payable by way of residual compensation under Part IV of the M39Gas (Staff Compensation) Regulations 1949 as amended by the M40Gas (Staff Compensation) (Amendment) Regulations 1951 (gas meter examiners and others employed by local authorities before nationalisation).

F4836E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F48Sch. 2 para. 36 repealed (21.7.2008) by Statute Law (Repeals) Act 2008 (c. 12), Sch. 1 Pt. 1 Group 4

37E+W+SA pension payable by a Secretary of State under regulations made under [F49section 129 of the M41Reserve 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 M42Public Expenditure and Receipts Act 1968.

Marginal Citations

[F5038AE+W+S A pension payable by virtue of paragraph [F51 10 of Schedule 1 ] [F51 15(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 M43 Scottish Development Agency Act 1975. ]

Part IIE+W+S Pensions out of Local Funds

[F52 Scottish Parliament and Scottish ExecutiveE+W+S

Textual Amendments

F52Sch. 2 Pt. II para. 38AB and cross heading inserted (6.5.1999) by 1998 c. 46, s. 125, Sch. 8 para. 13; S.I. 1998/3178, art. 2(2), Sch. 3

F53 38AB E+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

F53Sch. 2 Pt. II para. 38AB and cross heading inserted (6.5.1999) by 1998 c. 46, s. 125, Sch. 8 para. 13 (with s. 126(3)-(11)); S. I. 1998/3178, art. 2(2), Sch. 3

F54[ National Assembly for Wales]E+W+S

Textual Amendments

F54Sch. 2 Pt. II para. 38B and crossheading inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 10 (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

[F5538BE+W+SA pension payable under a scheme established under [F56section 20(4)(b) or section 53(4)(b) of the Government of Wales Act 2006].]

Textual Amendments

F55Sch. 2 Pt. II para. 38B and crossheading inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 10 (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

F56Words in Sch. 2 para. 38B substituted by Government of Wales Act 2006 (c. 32), s. 160, Sch. 10 para. 9 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(1)(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(5) of the amending Act.

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.

[F5739AE+W+SA pension payable under a defined benefits scheme, within the meaning of the Public Service Pensions Act 2013, made by the Secretary of State or the Scottish Ministers under section 1 of that Act by virtue of section 1(2)(c) of that Act (local government workers).]

Textual Amendments

Administration of justiceE+W+S

40E+W+SA pension payable under section 33 of the Justices of the M44Peace Act 1949 (stipendiary magistrates).

Marginal Citations

41E+W+SA pension payable by a local authority under Part I of the M45Administration 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)[F58the M46Police Pensions Act 1976, or any enactment repealed by the M47Police Pensions Act 1948] or by the M48Police Pensions Act 1921;

[F59(b)section 51 or 52 of the Police Act 1996;]

[F60(c)section 48 of the Police and Fire Reform (Scotland) Act 2012, as extended by article 14 of the Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013.]

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.

[F6143AE+W+SA pension payable under a defined benefits scheme, within the meaning of the Public Service Pensions Act 2013, made by the Secretary of State or the Scottish Ministers under section 1 of that Act by virtue of section 1(2)(g) of that Act (police).

In the case of a scheme made by the Secretary of State, this paragraph does not include a pension referred to in paragraph 15B above.]

Textual Amendments

[F62 44 E+W+S A pension payable by a fire and rescue authority or [F63the Scottish Fire and Rescue Service] in accordance with a scheme brought into operation under section 34 of the Fire and Rescue Services Act 2004. ]

Textual Amendments

F62Sch. 2 para. 44 substituted (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 35(3) (with savings for E.S. in S.I. 2004/2306, art. 3, Sch. and for W. in S.I. 2004/2918, art. 3, Sch.); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F63Words in Sch. 2 para. 44 substituted (1.4.2013) for E. W. by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 1 para. 1; for S. by The Police and Fire Reform (Scotland) Act 2012 (asp 8), Sch.7 para. 48; S.S.I. 2013/51, art. 2

[F6444AE+W+SA pension payable under a defined benefits scheme, within the meaning of the Public Service Pensions Act 2013, made by the Secretary of State, the Scottish Ministers or the Welsh Ministers under section 1 of that Act by virtue of section 1(2)(f) of that Act (fire and rescue workers).

In the case of a scheme made by the Secretary of State, this paragraph does not include a pension referred to in paragraph 16B above.]

Textual Amendments

F6545E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F65Sch. 2 para. 45 repealed (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 35(4), Sch. 2; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

46E+W+SA derivative pension payable under the M49Police Pensions Act 1921 in respect of a person to whom the M50National Fire Service (Preservation of Pensions) (Police Firemen) Regulations 1941 applied at the time of that person’s death or retirement.

Marginal Citations

M50S.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 M51Superannuation (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 [F66or as staff of such a committee; or.

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

Textual Amendments

F66Sch. 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 F67the [F68London Residuary Body][F68London Pensions Fund Authority]in respect of service ending with employment by the committee of magistrates for the inner London area.

Textual Amendments

F68Words “London Pensions Fund Authority” substituted for “London Residuary Body” by S.I. 1989/1815, art. 7(5)

49E+W+SA pension payable by [F69the][F70London Residuary Body][F70London 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

F70Words “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+SF71A pension payable by a local authority, or by a [F72local policing body or a chief officer of police] in England and Wales F73. . ., under any enactment other than section 15 of the Superannuation (Miscellaneous Provisions) Act 1967M52 in respect of service ending with—

(a)service as a civilian employed under [F74section 15 of the Police Act 1996] by [F75 a police authority;]

[F76(aa)service as a member of staff of a police and crime commissioner;

(ab)service as a member of staff of the Mayor's Office for Policing and Crime;

(ac)service as a member of the civilian staff of a police force; or]

(b)service as a traffic warden employed [F77by a chief constable established under section 2 of the Police Reform and Social Responsibility Act 2011, by the Commissioner of Police of the Metropolis or by a] police authority under section 2 of the M53Road Traffic and Roads Improvement Act 1960 or section 81(9) of the M54Road Traffic Regulation Act 1967 [F78section 95(1) of the Road Traffic Regulation Act 1984.]

[F79In this paragraph—

(a)references to the staff of a police and crime commissioner, the staff of the Mayor's Office for Policing and Crime, and the civilian staff of a police force, have the same meanings as in Part 1 of the Police Reform and Social Responsibility Act 2011;

(b)police force” includes the metropolitan police force. ]

Textual Amendments

F71Words in Sch. 2 para. 51 repealed (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 9 Pt. I

F73Words in Sch. 2 para. 51 repealed (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 9 Pt. I

F74Words 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)

Modifications etc. (not altering text)

Marginal Citations

52E+W+SA pension payable by [F80a police and crime commissioner, the Mayor's Office for Policing and Crime, a chief constable established under section 2 of the Police Reform and Social Responsibility Act 2011, the Commissioner of Police of the Metropolis or] a police authority under regulations made under section 60(2) of the M55Local Government Act 1958, section 85(4) of the M56London Government Act 1963 or section 4 of the M57Public Expenditure and Receipts Act 1968 (compensation for loss of employment or emoluments due to reorganisation of local government etc). [F81or under regulations made under section 24 of the M58Superannuation 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.]

Probation and after-care serviceE+W+S

53E+W+SA pension payable in accordance with regulations under Schedule 4 to the M59Local Government Superannuation Act 1953 [F82or section 7 of the M60Superannuation 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

[F8353AE+W+S A pension payable in accordance with regulations under section 7 of the M61 Superannuation 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

F83Sch. 2 para. 53A inserted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 45; S.I. 2001/919, art. 2(f)(ii)

Marginal Citations

[F8453B.E+W+SA pension payable in accordance with regulations under section 7 of the Superannuation Act 1972 in respect of service as a member of staff of a probation trust established under section 5 of the Offender Management Act 2007.]

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 M62Local Government Act 1958 or section 85(4) of the M63London Government Act 1963 (compensation for loss of employment or emoluments due to reorganisation of local government) [F85or under regulations made under section 24 of the M64Superannuation 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 M65Teachers (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 M66Education Act 1921 or a voluntary school within the meaning of [F86the Education Act 1996.].

Textual Amendments

F86Words 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 [F87regulations made under section 7 of the M67Superannuation Act 1972.]

Textual Amendments

Marginal Citations

61E+W+SA pension payable under [F88section 6 of the M68Coroners (Amendment) Act 1926 (county and borough coroners)][F88paragraph 2 of Schedule 1 to the Coroners Act 1988 [F89or by virtue of paragraph 17 of Schedule 3 to the Coroners and Justice Act 2009 ].]

Textual Amendments

F88Words 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 M69Local Government Act 1948 or section 92 of the M70General 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 M71Rent Act 1965 or section 40 of the M72Rent Act 1968 [F90or section 63 of the M73Rent 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) [F91or (c)] of this Act.

Textual Amendments

[F92 64A E+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

F92Sch. 2 Pt. 1 paras. 64A, 64B inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 61(2)

Modifications etc. (not altering text)

C4Sch. 2 para. 64A extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2), Sch. 13 para. 27 (with ss. 54(7), 66(7), Sch. 17 paras. 22(1), 23(2))

[F9364BE+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

F93Sch. 2 Pt. I paras 64A, 64B inserted by Local Government Act 1985 (c. 51, SIF 81:1), s.61(2)

[F9464CE+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

F94Sch. 2 Pt. 1 para. 64C inserted (29.7.1988) by Education Reform Act 1988 (c. 40, SIF 41:1), s. 179(3)

F95 [F96 64D E+W+SA pension payable by the London Pensions Fund Authority.]

Textual Amendments

F95Para. renumbered 64D by S.I. 1990/198, art.3

F96Sch. 2 Pt. II para. 64D inserted (E.W.) (30.10.1989) at the end of Part II by SI 1989/1815, art. 7(6)

Part IIIE+W+S Other Pensions

F97 [F98 65 E+W+SA pension payable by the trustees of a trustee saving bank or by the Inspection Committee of trustees saving banks]

Textual Amendments

F97The 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.

F98Sch. 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.

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F99

Textual Amendments

F99Sch. 2 pt. III para. 67 repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

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

[F10068AE+W+S A pension payable by virtue of regulations made under section 3(2) of the M74 New Towns (Scotland) Act 1977. ]

Textual Amendments

Marginal Citations

Sections 7 and 17.

SCHEDULE 3E+W+S Further Administrative, Incidental and Consequential Provisions

Modifications etc. (not altering text)

C6Sch. 3 continued by S.I. 1990/503, reg. 3(2)(c)

C7Sch. 3 applied (with modifications) (8.1.1993) by S.I. 1992/3229, reg. 2(1)

Sch. 3 modified (29.3.1994) by S. I. 1994/948, reg. 2(1)(2)

Sch. 3 modified (retrospective effect to 1.4.1990) by S.I. 1994/3026, regs. 1(c), 10(2)

Sch. 3 restricted (2.5.1995) by S.I. 1995/1019, reg. L19(1)(b)

Sch. 3 restricted (30.6.1997) by S.I. 1997/1612, reg. 91

Sch. 3 restricted (1.4.1998) by S.I. 1998/366, reg. 90

Liability for cost of increase of certain local authority, police and fire service pensionsE+W+S

1(1)Where a pension to which this paragraph applies is increased under this Act, the cost of the increase shall be defrayed by the pension authority; but where the pension authority are not the last employing authority, the last employing authority shall reimburse to the pension authority that cost or so much of it as is not required by paragraph 2 below to be reimbursed by some other authority or to be borne by the pension authority.E+W+S

(2)For the purposes of this paragraph, “the last employing authority” means, in relation to a pension, the authority to whom the latest services in respect of which the pension is payable were rendered, unless the functions in connection with which they were rendered have been transferred to another authority; and where they have been so transferred, “the last employing authority” means the authority by whom those functions are for the time being exercisable.

(3)Any question who are the last employing authority for the purposes of this paragraph shall, in default of agreement, be determined by the Secretary of State.

(4)Nothing in this paragraph shall affect the operation in relation to increases under this Act of the provisions of section 14 of the M75Police Act 1890 and section 10 of the M76Police Pensions Act 1921 as to the payment of pensions partly out of the police fund and partly out of moneys provided by Parliament.

(5)This paragraph applies to the pensions specified in the following paragraphs of Schedule 2 to this Act, that is to say, paragraphs 39, 44, 45, 47, 48, 49, 51, 53, 54, 56 to 60, 62 [F101,63, 64A and, so far as relating to any pension falling within any of the foregoing paragraphs, 64B][F102and 64C.]

Textual Amendments

Modifications etc. (not altering text)

C10Sch. 3 para. 1(1); so much of sub-paragraph (1) as follows the first reference in that sub-paragraph to the pension authority excluded by S.I. 1986/399,art. 9(7)(a)

C12Sch. 3 para 1(2) excluded (E.W.) by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 15(6) and excluded by SI 1986/399, art 9(7)(b)

C15Sch. 3 Para 1(3) excluded by SI 1986/399, art. 9(7)(b)

Marginal Citations

2(1)Where a pension to which this paragraph applies is increased under this Act, and by virtue of section 7(3) any part of the cost of the increase would, but for paragraph 1 above, be apportioned to a fund not administered by the pension authority, that part of the cost shall be reimbursed to the pension authority; and the cost of reimbursement shall be defrayed and borne as if it were the cost of an increase under this Act on a separate pension payable out of that fund in respect of the employment giving rise to the apportionment to that fund.E+W+S

(2)Where a pension to which this paragraph applies is increased under this Act, and—

(a)the pension is payable partly in respect of service in respect of which another such pension was payable (“the previous service”) and partly in respect of further service rendered after the termination of the previous service; and

(b)different authorities are the last employing authority in relation to the two pensions, but the cost of the final pension does not fall to be apportioned;

then so much of the cost of the increase as is referable to the previous service on an apportionment made according to the length of that service as compared with that of the further service shall be reimbursed to the pension authority by the authority who are the last employing authority in relation to the earlier pension (or, if the pension authority are that authority, shall be borne by the pension authority and shall not be reimbursed in accordance with paragraph 1 above by the last employing authority).

(3)Paragraphs 1(2) and (3) above shall apply for purposes of this paragraph as they apply for purposes of paragraph 1.

(4)This paragraph applies to the same pensions as paragraph 1 above, except that it does not apply to pensions specified in paragraphs 44, 45 and 56 of Schedule 2.

Modifications etc. (not altering text)

Pensions of former civil servants payable by Post OfficeE+W+S

3E+W+SIt shall be the duty of [F103the original holding company] to increase in accordance with this Act any pension which is payable under the [F104principal civil service pension scheme within the meaning of section 2 of the M77Superannuation Act 1972] but in relation to which [F105[F103the original holding company] is] the pension authority by virtue of [F106paragraph 2 of Schedule 3 to the Postal Services Act 2000 as it has effect by reference to]section 44 of the M78Post Office Act 1969; and where under [F107the Post Office Act 1969 or any enactment reproducing its effect] part of a pension so payable is to be paid by [F103the original holding company] and part is not, this Act shall apply as if the two parts were separate pensions.

Textual Amendments

F105Words in Sch. 3 para. 3 substituted (26.3.2001) by 2000 c. 26, s. 127(4), Sch. 8 Pt. II para. 12(b); S.I. 2001/1148, art. 2(2), Sch.

F106Words in Sch. 3 para. 3 inserted (26.3.2001) by 2000 c. 26, s. 127(4), Sch. 8 Pt. II para. 12(c); S.I. 2001/1148, art. 2(2), Sch.

F107Words in Sch. 3 para. 3 substituted (26.3.2001) by 2000 c. 26, s. 127(4), Sch. 8 Pt. II para. 12(d); S.I. 2001/1148, art. 2(2), Sch.

Modifications etc. (not altering text)

C17Para. 3 extended by Pensions (Increase) Act 1974 (c. 9), s. 2 (2)

Marginal Citations

[F1083AE+W+S In paragraph 3 “ the original holding company ” has the meaning given by section 15 of the Postal Services Act 2011. ]

Textual Amendments

F108 Sch. 3 para. 3A substituted (1.10.2011) by Postal Services Act 2011 (c. 5) , s. 93(2) (3) , Sch. 12 para. 96(3) ; S.I. 2011/2329 , art. 3

Re-employed teachers E+W+S

Modifications etc. (not altering text)

C18The 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.

4E+W+SAny reference to the Pensions (Increase) Acts 1920 to 1969 (or any of them) which is contained—

(a)in regulation 50 of the M79Teachers’ Superannuation Regulations 1967, as inserted by regulation 13 of the M80Teachers’ Superannuation (Amendment) Regulations 1970 ; or

(b)in regulation 50 of the M81Teachers’ Superannuation (Scotland) Regulations 1969 ;

shall have effect, in relation to any period after 31st August 1971, as a reference to Part I of this Act and, in relation to any period after 30th November 1973, as a reference to the said Part I and the Pensions (Increase) Act 1974 (but without prejudice to the power to vary or revoke those regulations).

Retired staff of former approved schools etc. E+W+S

Modifications etc. (not altering text)

C19The 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.

5E+W+SIn Schedule 3 to the M82Children and Young Persons Act 1969 (which relates to the arrangements to take effect on an institution ceasing under section 46 to be an approved school, remand home, approved probation hostal or approved probation home), for paragraph 1(3) there shall be substituted—

(3)In respect of any such superannuation or other benefits as are referred to in sub-paragraph (2)(b) of this paragraph, being benefits to which a person became entitled before the specified date and to which the Pensions (Increase) Act 1971 does not apply, the section 46 order may contain such provisions for securing the payment of additional amounts (calculated by reference to increases under that Act or under any enactment repealed by it) as the Secretary of State considers appropriate having regard to any arrangements obtaining with respect to those benefits before the specified date.

Marginal Citations

Meaning of “local authority” and “local government service”E+W+S

6(1)For the purposes of this Act “local authority” means—E+W+S

[F109( a)in England and Wales—

[F110[F111(i)a billing authority or a precepting authority, as defined in section 69 of the Local Government Finance Act 1992;

[F112(ia)a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;]]

[F113(ib )the London Fire Commissioner;]

(ii)a levying body within the meaning of section 74 of [F114the Local Government Finance Act 1988 ]; and

(iii)a body as regards which section 75 of that Act applies; and]]

[F115(b)in Scotland any regional, islands or district council.]

(2)References in this Act to a local authority shall apply also

(a)to any joint board or joint committee established under or by virtue of any Act if all the constituent authorities are local authorities; and

(b) to any other joint committee established by a combination scheme under section 5(1) and (2) of the M83 Local Government and other Officers’ Superannuation Act 1922 or under section 2 of the M84 Local Government Superannuation Act 1937 or the M85 Local Government Superannuation (Scotland) Act 1937 [F116 or in accordance with regulations made under section 7 of the M86 Superannuation Act 1972 ] ; and

(c) in relation to cases where they are the employing authority for purposes of the Local Government Superannuation Act 1937 or the Local Government Superannuation (Scotland) Act 1937 [F117 or for the purposes of regulations made under section 7 of the M87 Superannuation Act 1972 ] , any passenger transport executive [F118 for the purposes of Part II of the M88 Transport Act 1968 ] [F119 and

(d) in Scotland to any water development board within the meaning of the M89 Water (Scotland) Act 1967 and to any river purification board established under the M90 Local Government (Scotland) Act 1973. ]

Textual Amendments

F109 Para. 6(1)(a) substituted by S.I. 1974/595 , art. 3(16)

F110 Sch. 3 paras. 6(1)(a)(i)-(iii) substituted for words (E.W.) by S.I. 1990/776 , arts. 2(2) , 8 , Sch. 3 para. 14

F111 Sch. 3 para. 6(1)(a)(i)(ia) substituted for para. 6(1)(a)(i) (2.11.1992) by Local Government Finance Act 1992 (c. 14) , s. 117(1) , Sch 13 , para. 30 ; S.I. 1992/2454 , art. 2 .

F112 Sch. 3 para. 6(1)(a)(ia) substituted (1.10.2004 for specified purposes except in relation to W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 36(2); S.I. 2004/2304, art. 2

F113Sch. 3 para. 6(1)(a)(ib) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 34; S.I. 2018/227, reg. 4(c)

F114 Words in Sch. 3 para. 6(1)(a)(ii) substituted (1.10.2004 for specified purposes except in relation to W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 36(3); S.I. 2004/2304, art. 2

F115 Para. 6(1)(b) substituted by Pensions (Increase) Act 1974 (c. 9) , s. 3(4)(b)

Marginal Citations

M88 1968 c.73 ( 126 ).

7(1)For the purposes of this Act “local government service” means service under any local authority [F120, any county council, town council or district council and any other authority to whom section 270 of the M91Local Government (Scotland) Act 1947 applied] but includes service which by virtue of any enactment mentioned in sub-paragraph (2) below is, for superannuation purposes, treated as service under a local authority.E+W+S

(2)The enactments referred to in sub-paragraph (1) above are—

(a)the following enactments (which relate to war service), that is to say,—

(i)sections 2 and 3 of the M92Local Government (Emergency Provisions) Act 1916;

(ii)section 12(3) of the Local Government Superannuation Act 1937 or of the Local Government Superannuation (Scotland) Act 1937;

(iii)section 3 of the M93Local Government Staffs (War Service) Act 1939; and

(b)section 51(4) (firemen employed in training institutions) of the M94London County Council (General Powers) Act 1949.

Section 10.

SCHEDULE 4E+W+S Overseas Government Pensions (India, Pakistan and Burma)

1E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F121

2E+W+SA pension payable out of the revenues of India or Pakistan to a person resident outside India, Pakistan, Burma and Aden in respect of any relevant services to the Crown, being either—

(a)service which ended before 15th August 1947; or

(b)service of which the termination was attributable to the passing of the M95Indian Independence Act 1947; or

(c)service which began at a time earlier than 15th August 1947 and was rendered by a person who in the opinion of the Secretary of State was at that time domiciled outside Asia.

The service relevant to this paragraph is service by virtue of which the pensioner has pension rights in relation to any of the funds listed below and any other service in a civil capacity; it is immaterial whether the service was rendered by the pensioner or by another pension, and “pension rights” includes, in relation to any person, all forms of right to, or eligibility for, the present or future payment of a pension to or in respect of that person.

Marginal Citations

List of fundsE+W+S

(i)The Bengal Military Fund and Orphans’ Society;

(ii)The Bombay Military Fund;

(iii)The Madras Military Fund;

(iv)The Madras Medical Fund;

(v)The Indian Navy Fund;

(vi)The Indian Civil Service Family Pension Fund (Untransferred);

(vii)The Superior Services (India) Family Pension Fund (Untransferred);

(viii)The Indian Military Widows’ and Orphans’ Fund (Untransferred);

(ix)The Indian Military Services Family Pension Fund (Untransferred);

(x)The Bengal and Madras Service Family Pension Fund.

3E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F122

4E+W+SA pension payable from the revenues of Burma to a person resident outside Burma, India, Pakistan and Aden and payable in respect of service in a civil capacity in Burma, being either—

(a)service which ended before 4th January 1948; or

(b)service of which the termination was attributable to the passing of the M96Burma Independence Act 1947; or

(c)service which began at a time earlier than 4th January 1948 and was rendered by a person who in the opinion of the Secretary of State was at that time domiciled outside Asia.

Marginal Citations

5E+W+SA pension payable to or in respect of a member of the staff of the High Commissioner for India or the High Commissioner for Pakistan who at some time before he was transferred to the staff of the High Commissioner had been an officer or servant on the permanent establishment of the Secretary of State in Council of India.

6E+W+SA pension payable to or in respect of a person who was appointed to the staff of the Auditor of the Accounts of the Secretary of State for India in Council before the 1st April 1937.

7E+W+SA pension payable to or in respect of a European officer or European warrant officer of the Royal Indian Marine.

Section 11.

SCHEDULE 5E+W+S Other Overseas Government Pensions

Modifications etc. (not altering text)

C20Sch. 5 applied (1.3.1995) by S.I. 1995/238, reg. 16

1E+W+SA pension in respect of service under the government of an overseas territory by a person who—

(a)was at any time selected for initial appointment to service under the government of an overseas territory by a Minister of the Crown in the United Kingdom, or was recruited by the Crown Agents for Overseas Governments and Administrations; or

(b)was at any time recruited to a post for which, in the opinion of the Secretary of State, a normal channel of recruitment would have been either the Colonial Office or the Crown Agents for Oversea Governments and Administrations; or

(c)was at any time a member of Her Majesty’s Overseas Civil Service or Her Majesty’s Overseas Judiciary; or

(d)was at any time a designated officer under an Overseas Service Aid Scheme Agreement.

2E+W+SA pension in respect of service under the Sudan Government by a person who, in the opinion of the Secretary of State, entered the service of that Government in a pensionable capacity before 17th July 1954.

3E+W+SA pension in respect of service under the Egyptian Government by a person who, in the opinion of the Secretary of State, entered the service of that Government in a pensionable capacity before 15th March 1922, and who was a British subject when he entered such service.

4E+W+SA pension for the payment of which the Crown assumed responsibility under the Instrument of Cession of Sarawak dated 21st May 1946 or the North Borneo Transfer Agreement dated 26th June 1946.

5E+W+SA pension in respect of service in any of the armed forces of the Crown raised in an overseas territory, not being a pension payable under any warrant or other instrument made by virtue of Her Majesty’s prerogative in respect of such forces.

6E+W+SA pension in respect of service in an auxiliary or special police force raised in an overseas territory, not being a pension payable to or in respect of a person who at the time of his retirement either—

(a)was engaged as mentioned in section 1(1) of the M97Police (Overseas Service) Act 1945; or

(b)was engaged in service in respect of which the provisions of section 5 of the M98Overseas Service Act 1958 had effect;

nor a pension payable under any warrant or other instrument made by virtue of Her Majesty’s prerogative in respect of such forces.

Section 13.

SCHEDULE 6E+W+S Employments Relevant to Section 13(2)

Modifications etc. (not altering text)

C21Sch. 6 has effect as if any reference to the Minister for the Civil Service were a reference to the Treasury: S.I. 1981/1670, arts. 2(1)(c), 3(5)

Sch. 6 applied (1.3.1995) by S.I. 1995/238, reg. 17

The following employments shall be included in section 13(2)(a) of this Act, namely,—

(a)employment in the College of Domestic Arts of South Wales and Monmouthshire;

(b)employment by the Wheat Commission;

(c)employment (otherwise than as a constable) under the Commissioner of Police of the Metropolis or the [F123Metropolitan Police Authority] [F124or the Mayor's Office for Policing and Crime ], being employment [F125before the repeal of section 14(4) of the Police Act 1996] remunerated out of the Metropolitan Police Fund [F126or employment after that repeal];

F127(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)employment as an officer of a Regional Hospital Board, Board of Governors of a teaching hospital (or, in Scotland, Board of Management), Executive Council or other body constituted under the M99National Health Service Act 1946 or the M100National Health Service (Scotland) Act 1947 and any other employment as an officer engaged in health services provided under either of those Acts or otherwise (but not including health services provided by a local health authority or other local authority);

(f)practices as a medical practitioner providing general medical services or as a dental practitioner providing general dental services (within the meaning of the National Health Service Act 1946 or the National Health Service (Scotland) Act 1947);

(g)employment to which the Overseas Superannuation Scheme applied;

(h)any other employment specified for this purpose by regulations of the Minister for Civil Service.

Section 18.

SCHEDULE 7E+W+S Consequential Repeals

Modifications etc. (not altering text)

C22The 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.

ChapterShort TitleExtent of Repeal
10 & 11 Geo. 5. c. 36.The Pensions (Increase) Act 1920.The whole Act
14 & 15 Geo. 5. c. 32.The Pensions (Increase) Act 1924.The whole Act.
7 & 8 Geo. 6. c. 21.The Pensions (Increase) Act 1944.The whole Act.
10 & 11 Geo. 6. c. 7.The Pensions (Increase) Act 1947.The whole Act
11 & 12 Geo. 6. c. 24.The Police Pensions Act 1948.In Schedule 1, paragraphs 15 to 20.
12, 13 & 14 Geo. 6. c. 44.The Superannuation Act 1949.Section 48(1) to (4).
Section 62(3).
15 & 16 Geo. 6 & 1 Eliz. 2. c. 45.The Pensions (Increase) Act 1952.The whole Act
1 & 2 Eliz. 2. c. 25.The Local Government Superannuation Act 1953.In Schedule 4, paragraph 4.
2 & 3 Eliz. 2. c. 25.The Pensions (Increase) Act 1954.The whole Act.
3 & 4 Eliz. 2. c. 22.The Pensions (India, Pakistan and Burma) Act 1955.Section 3(1), except the words preceding pargraph (a) and except pargraph (c).
In Schedule 2, Parts I and II.
4 & 5 Eliz. 2. c. 39.The Pensions (Increase) Act 1956.The whole Act.
6 & 7 Eliz. 2. c. 64.The Local Goverment and Miscellaneous Financial Provisions (Scotland) Act 1958.In Schedule 4, paragraphs 5 and 19.
7 & 8 Eliz. 2. c. 50.The Pensions (Increase) Act 1959.The whole Act
8 & 9 Eliz. 2. c. 9.The Judicial Pensions Act 1959.Section 7(1) and (2).
10 & 11 Eliz. 2. c. 30.The Northern Ireland Act 1962.Section 26(2).
11 & 12 Eliz. 2. c. 2.The Pensions (Increase) Act 1962.The whole Act.
1965 c. 11.The Ministerial Salaries and Members’ Pensions Act 1965.Section 17.
1965 c. 58.The Ministerial Salaries Consolidation Act 1965.Section 3(3) from “but” onwards.
1965 c. 78.The Pensions (Increase) Act 1965.The whole Act.
1969 c. 7.The Pensions (Increase) Act 1969.The whole Act.

Section 18.

SCHEDULE 8U.K. Repeals of Spent Provisions

Part IE+W+S Outright Repeals

ChapterShort TitleExtent of Repeal
1 & 2 Geo. 6. c. 31.The Scottish Land Court Act 1938.Section 1(3)
11 & 12 Geo. 6. c. 26.The Local Government Act 1948.In section 140, in subsection (1), the words “the Central Valuation Committee, the Railway Assessment Authority”, and subsection (3)(f) with the preceding “and”.
11 &12 Geo. 6. c. 33.The Superannuation (Miscellaneous Provisions) Act 1948.Section 13, so far as unrepealed.
8 & 9 Eliz. 2. c. 9.The Judicial Pensions Act 1959.Section 3(2).
Section 7(3).
Section 9(3).
1967 c. 73.The National Insurance Act 1967.In Schedule 7, paragraph 7.
1969 c. 44.The National Insurance Act 1969.Section 10(2).
1969 c. 63.The Police Act 1969.Section 5.
1970 c. 51.The National Insurance (Old perons’ and widows’ pensions and attendance allowance) Act 1970. Section 8(6).

Modifications etc. (not altering text)

C23The 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.

Part IIU.K. Repeals with Saving for Existing Pensions

ChapterShort TitleExtent of Repeal
8 Edw. 7. c. 38.The Irish Universities Act 1908.Section 16(8).
9 & 10 Geo. 5. c. 19.The Local Government (Ireland) Act 1919.Section 8.
10 & 11 Geo. 5. c. 67.The Government of Ireland Act 1920.Section 9(4).
Sections 54 and 55.
Sections 57 to 59.
In section 68, subsection (1) from the words “or any Act” onwards and subsection (2).
Schedule 8.
13 Geo. 5. Sess. 2. c. 2.The Irish Free State (Consequential Provisions) Act 1922 (Session 2).In Schedule 1, paragraph 7(2).
25 & 26 Geo. 5. c. 23.The Superannuation Act 1935.Section 18(2).
12, 13 & 14 Geo. 6. c. 44.The Superannuation Act 1949.Section 56.
10 & 11 Eliz. 2. c. 30.The Northern Ireland Act 1962.Section 26(1) and (3).
1965 c. 74.The Superannuation Act 1965.Section 101.

No repeal included in this Part of this Schedule shall affect the operation of any enactment (including an enactment of the Parliament of Northern Ireland) in relation to pensions for service ending before the passing of this Act.

Yn ôl i’r brig

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