Employment Protection (Consolidation) Act 1978

Pensions for full-time presidents or chairmen of industrial tribunals

11 (1) The Secretary of State may from time to time make to the Minister for the Civil Service, as respects any holder on a full-time basis of any of the following offices established by regulations under section 128 who is remunerated, apart from any allowances, on an annual basis, namely—

(a) President of the Industrial Tribunals (England and Wales);

(b) President of the Industrial Tribunals (Scotland);

(c) member of a panel of chairmen so established,

a recommendation that the Minister shall pay to that holder (hereafter in this paragraph referred to as " the pensioner ") out of moneys provided by Parliament an annual sum by way of superannuation allowance calculated in accordance with sub-paragraph (3).

(2) No such allowance shall be payable unless—

(a) the pensioner is at the time of his retirement over the age of seventy-two or, where he retires after fifteen years service, over the age of sixty-five ; or

(b) the Secretary of State is satisfied by means of a medical certificate that at the time of the pensioner's retirement the pensioner is, by reason of infirmity of mind or body, incapable of discharging the duties of his office and that the incapacity is likely to be permanent.

(3) The said annual sum shall be a sum not exceeding such proportion of the pensioner's last annual remuneration (apart from any allowances) as in the following Table corresponds with the number of the pensioner's completed years of relevant service.

TABLE

Years of service	Fraction of remuneration
Less than 5	six-fortieths
5	ten-fortieths
6	eleven-fortieths
7	twelve-fortieths
8	thirteen-fortieths
9	fourteen-fortieths
10	fifteen-fortieths
11	sixteen-fortieths
12	seventeen-fortieths
13	eighteen-fortieths
14	nineteen-fortieths
15 or more	twenty-fortieths

(4) In this paragraph the expression "relevant service" means service on a full-time basis as holder of any of the offices referred to in sub-paragraph (1) (including such service remunerated otherwise than on an annual basis) of service in any such other capacity under the Crown as may be prescribed by regulations made by the Minister for the Civil Service; and regulations under this sub-paragraph—

(a) may be made generally or subject to specified exceptions or in relation to specified cases or classes of case and may make different provision for different cases or classes of cases; and

(b) may provide that in calculating relevant service either the whole of a person's prescribed service of any description shall be taken into account or such part thereof only as may be determined by or under the regulations.

(5) The decision of the Minister shall be final on any question arising as to—

(a) the amount of any superannuation allowance under sub-paragraph (1); or

(b) the reckoning of any service for the purpose of calculating such an allowance.

(6) Sections 2 to 8 of the [1950 c. 11 (14 & 15 Geo. 6).] Administration of Justice (Pensions) Act 1950 (which provide for the payment of lump sums on retirement or death and of widows' and children's pensions in the case of persons eligible for pensions for service in any of the capacities listed m Schedule 1 to that Act) shall have effect as if—

(a) the capacity of holder on a full-time basis of any of the offices referred to in sub-paragraph (1) were listed in the said Schedule 1 ; and

(b) in relation to that capacity the expression " relevant service " in the said sections 2 to 8 had the meaning assigned by sub-paragraph (4); and

(c) in relation to such a holder of such an office, any reference in the said section 2 to his last annual salary were a reference to his last annual remuneration apart from any allowances.

(7) Where the rate of the superannuation allowance payable to any person under sub-paragraph (1) is or would be increased by virtue of regulations made under sub-paragraph (4) in respect of relevant service in some capacity other than as holder of one of the offices referred to in sub-paragraph (1), and a pension payable to him wholly in respect of service in that other capacity would have been paid and borne otherwise than out of moneys provided by Parliament, any pension benefits paid to or in respect of him as having been the holder of such an office shall, to such extent as the Minister for the Civil Service may determine, having regard to the relative length of service and rate of remuneration in each capacity, be paid and borne in like manner as that in which a pension payable to him wholly in respect of service in that other capacity would have been paid and borne.

(8) In this paragraph the expression " pension" includes any superannuation or other retiring allowance or gratuity, and the expression " pensionable " shall be construed accordingly, and the expression " pension benefits" includes benefits payable to or in respect of the pensioner by virtue of sub-paragraph (6).