Superannuation (Miscellaneous Provisions) Act 1967

11 Pensions of certain persons transferring to different employment.

(1) For the purposes of section 2 of the [1948 c. 33.] Superannuation (Miscellaneous Provisions) Act 1948 (under which rules may be made with respect to the pension payable to or in respect of a person who has been employed in an employment of one of the classes specified in subsection (2) of that section and becomes employed in a different employment), employment in the descriptions of service as teachers referred to in paragraph (e) of that subsection shall be treated as employments of different classes instead of as employment of the same class, and the enactments specified in subsections (2) to (5) of this section shall accordingly have effect subject to the amendments so specified.

(2) In subsection (2) of the said section 2 (which specifies the classes of employment for the purposes of that section) for paragraph (e) there shall be substituted the following:—

“(e) employment in service of the following descriptions, namely—

(i) reckonable service for the purposes of superannuation regulations under the [1965 c. 83.] Teachers' Superannuation Act 1965 or within the meaning of the [1967 c. 12.] Teachers' Superannuation Act 1967 ;

(ii) service with respect to which regulations made by virtue of paragraph 7 of Schedule 1 to the said Act of 1965 or under section 10 or 11 of the said Act of 1967 have effect; and

(ee) employment in service as defined in the Scottish Teachers Superannuation Scheme”.

(3) In subsection (3) of the said section 2 (which specifies the appropriate Minister for the purposes of any class of employment specified in subsection (2) of that section), as amended by Schedule 1 to the [1958 c. 14.] Overseas Service Act 1958, for paragraphs (v) and (vi) there shall be substituted the following:—

“(v) in relation to a class specified in paragraph (e), (ee) or (f) of the said subsection (2), the Secretary of State acting with the consent of the Treasury”;

and so much of the said Schedule as amends the said subsection (3) is hereby repealed.

(4) In subsection (4) of the said section 2, for paragraph (b) there shall be substituted the following:—

“(b) where either of the employments is such an employment as is mentioned in paragraph (a), (e), (ee) or (f) of subsection (2) of this section, payments out of moneys provided by Parliament”;

and paragraph (d) of the said subsection (4) and so much of Schedule 1 to the said Act of 1958 as amends that subsection are hereby repealed.

(5) In section 17(1) of the said Act of 1948, for the definition of Scottish Teachers Superannuation Scheme there shall be substituted the following definition—

• “' Scottish Teachers Superannuation Scheme ' means the Teachers Superannuation Scheme and the Teachers (Superannuation) Regulations as those expressions are defined in section 145(47) and (48) of the [1962 c. 47.] Education (Scotland) Act 1962.”

(6) In section 2(4)(a) of the said Act of 1948 (which, in the case of a person changing his employment who has received any payment in respect of his pension rights upon ceasing to be employed in his former employment, enables rules to require payments by that person equal to all or any of the amounts so received) at the end there shall be inserted the words " with or without interest on those amounts for the whole or any part of the period since he received them ".

(7) Regulations under section 1 of the [1948 c. 24.] Police Pensions Act 1948 made by virtue of subsection (4) of that section (which relates to persons who transfer or have transferred from or to service in a police force to or from other service or employment) may, notwithstanding anything in section 3(1) of that Act, be framed so as to apply in relation to persons who have ceased to be members of a police force before the date on which those regulations come into force or both before that date and before the passing of that Act; but regulations made by virtue of this subsection—

(a) may authorise, but shall not require, such payments as are mentioned in the said subsection (4); and

(b) shall not affect any pension within the meaning of section 8(1) of that Act payable to or in respect of any person as a person who ceased to be a member of a police force before the said date.

(8) Where—

(a) on 1st January 1967 a person was serving in one of the capacities specified in section 10(1) of the [1921 c. 31.] Police Pensions Act 1921; and

(b) before that date that person had served in one or more other of those capacities,

then, in lieu of the provision with respect to any pension payable to that person made by paragraph (b) of the proviso to the said section 10(1), there shall be deemed as from that date to have been payable by or to such police authority, or to the Treasury, or out of moneys provided by Parliament, as the case may require, such transfer value or values as the Treasury may direct, regard being had to the period of service and the pay received by that person in each respectively of those capacities.