7.—(1) Subject to the provisions of this regulation, the amount of the addition in respect of a pension shall be the aggregate of any increases which would be payable under Part I of the Act if—
(a)the pension were an official pension specified in paragraph 4 of Schedule 2 to the Act(1);
(b)the increasable rate were the basic rate of such an official pension; and
(c)the pension had begun on the date provided by this Part.
(2) Paragraph (1) shall be subject to—
(a)the provisions of chapter II of this Part, in the case of an earnings-related pension; and
(b)the provisions of chapter III of this Part, in the case of a contributory derivative pension.
(3) In the application of Part I of the Act for the purposes of paragraph (1) in respect of any pension—
(a)section 4(2) shall not be applied;
(b)section 8(1)(3) shall have effect without the words “but does not include any money purchase benefits” and section 8(2) and (3)(4) shall not be applied;
(c)section 9(1)(5) shall have effect without the words “(or any money purchase benefits)” and section 9(2)(a) shall not be applied; and
(d)the definition of “pension” in section 17(1) of the Act shall have effect for the purpose of such application without the words “and the time when a pension “begins” is that stated in section 8(2)”.
8.—(1) Subject to regulation 17 and Schedule 6, the date referred to in regulation 7(1)(c) shall be determined in accordance with this regulation.
(2) In the case of an earnings-related pension the date shall be—
(a)where the pension is computed by reference to emoluments in service under the Government of the United Kingdom, the Crown Agents for Overseas Governments and Administrations or the Central Office of the Overseas Audit Department, the day following the end of that 12 month period (in the 3 years immediately preceding cessation of that service) which provided the emoluments used in the calculation of the pension;
(b)where the pension is computed by reference to emoluments in service under the Government of Egypt, a date before the beginning of the year 1944;
(c)where the pension is computed by reference to emoluments in service under the Government of Hong Kong and the day following the last day of that service was on or after 9th December 1974, the day following the last day of that service;
(d)where the pension is computed by reference to emoluments in service under the government of an overseas territory specified in Schedule 3, being a colony for whose external relations the United Kingdom is responsible or a territory outside Her Majesty’s dominions in which Her Majesty has jurisdiction in right of Her Government in the United Kingdom, and where—
(i)the officer concerned was designated as an overseas officer under the Overseas Service Aid Scheme;
(ii)the day following the last day of that service was on or after 31st December 1974; and
(iii)the officer concerned had pensionable emoluments revised as a result of a general revision of emoluments payable to him under the Overseas Service Aid Scheme which had effect on or after 1st January 1974—
the day following the last day of that service; and
(e)in any other case where the pension is computed by reference to emoluments in service under the government of an overseas territory specified in Schedule 3 or the Federation of Rhodesia and Nyasaland, the day immediately following the effective date of the latest general revision of pensionable emoluments which was taken into account in determining the amount of the pension.
(3) In the case of a contributory derivative pension, the date shall be the last relevant date before commencement of the period of contributory service, but subject where applicable to the provisions of regulation 17 and Schedule 6.
(4) For the purposes of paragraph (3) and regulation 17, the relevant dates, for a pension in respect of contributions in relation to service in a particular territory, shall be—
(a)in relation to all overseas territories mentioned in Schedule 3 and Egypt, 16th August 1920;
(b)in relation to each overseas territory mentioned in Schedule 3, any date specified in relation to that overseas territory in columns 2 to 7 of that Schedule, but in the cases of The Gambia, Ghana, Nigeria and Sierra Leone the column 3 date shall also be used in place of the column 2 date; and
(c)in relation to any overseas territory mentioned in Schedule 3 the date of each general revision of pensionable emoluments in relation to that overseas territory which takes effect from a date later than 1st July 1967.
Paragraph 4 of Schedule 2 to the Act was amended by the Superannuation Act 1972 (c. 11), Schedule 6, paragraph 89(a).
Section 4 was amended by the Superannuation Act 1972, Schedule 6, paragraph 84 and by the Pensions (Miscellaneous Provisions) Act 1990 (c. 7) (“the 1990 Act”), section 2.
Section 8(1) was amended by the 1990 Act, section 7(1).
Section 8(2) was amended by the 1990 Act, section 1(5).
Section 9(1) was amended by the 1990 Act, section 7(2).