Overseas Pensions Act 1973

4 Pension increases. U.K.

(1) After section 11 of the M1 Pensions (Increase) Act 1971 there shall be inserted the following section—

“11A (1) The Secretary of State, with the approval of the Minister for the Civil Service, may by regulations made as respects any pension to which this section applies—

(a) direct that the provisions of Part I of this Act shall, with such modifications, adaptations and exceptions as may be specified in the regulations, apply as if the pension were an official pension specified in Part I of Schedule 2, or

(b) authorise the payment by the Secretary of State of supplements to the pension of such amount as may be specified in the regulations.

(2) This section applies to—

(a) any pension payable under section 1 of the Overseas Pensions Act 1973, and

(b) any pension payable under a scheme made under section 2 of that Act, other than a pension within paragraph 27A of Schedule 2 to this Act.

(3) This section also applies to any derivative pension payable either by the government of an overseas territory or in accordance with an enactment, scheme or other instrument specified in the regulations as being approved by the Secretary of State for the purpose of this section, where related principal pensions—

(a) are payable under section 1 of the Overseas Pensions Act 1973, or under a scheme made under section 2 of that Act, or

(b) fall within section 10(b) or section 11(2)(c) above.

(4) The provisions of subsections (4) to (7) of section 11 to this Act (so far as applicable) shall have effect in relation to this section as they have effect in relation to that section.

(5) For the purposes of this section principal pensions are related to a derivative pension if they are payable wholly or partly in respect of the same kind of service as the derivative pension.”

(2) For subsection (4) of section 11 of the said Act of 1971 (which requires the Secretary of State to take into account certain matters in determining the amount of any supplement payable under that section) there shall be substituted the following subsection:—

“(4) The supplements which may be authorised by regulations under this section in the case of pensions of any class are supplements, in respect of a period beginning on or after 1st September 1971, of amounts which, when account is taken of—

(a) any increase or supplement payable in respect of the pensions apart from this section;

(b) any other additions to the value of those pensions; and

(c) the amount of such other pensions as may be specified by the regulations (being pensions payable to the recipients of the first-mentioned pensions wholly or partly in respect of service in respect of which the firsdt-mentioned pensions are payable);

appear to the Secretary of State to correspond as nearly as may be with the increases payable under Part I of this Act on official pensions.”

(3) After paragraph 27 of Schedule 2 to the said Act of 1971 there shall be inserted the following paragraph—

“27A 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 Governors’ Pensions Acts 1957 and 1967 or of the Superannuation Act 1965 so far as it continued to have effect by virtue of section 23(2) of the Superannuation Act 1972.”

Modifications etc. (not altering text)

C1 The text of Ss. 4(1)(2)(3), 6(2), Sch. 2 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 1971 c. 56.