Pensions (Increase) Act 1971

Sections 4, 5, 7 and 15.

SCHEDULE 2 U.K. Official Pensions

Part I U.K. State Pensions

Modifications etc. (not altering text)

C1 Sch. 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 parliamentary E+W+S

F1 1 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 2 paras. 1-3 repealed (25.4.2013) by Public Service Pensions Act 2013 (c. 25), s. 41(1)(b), Sch. 11 para. 7 (with Sch. 11 para. 8)

F1 2 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 2 paras. 1-3 repealed (25.4.2013) by Public Service Pensions Act 2013 (c. 25), s. 41(1)(b), Sch. 11 para. 7 (with Sch. 11 para. 8)

F1 3 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 2 paras. 1-3 repealed (25.4.2013) by Public Service Pensions Act 2013 (c. 25), s. 41(1)(b), Sch. 11 para. 7 (with Sch. 11 para. 8)

[F2 3A E+W+S A 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

F2 Sch. 2 para. 3A substituted (24.10.2011) by Constitutional Reform and Governance Act 2010 (c. 25) , s. 52 , Sch. 6 para. 35(2) ; S.I. 2011/2485 , art. 2(1) (2)(c)(i)

[F3 European Assembly E+W+S

Textual Amendments

F3 Para. 3B inserted by European Assemby (Pay and Pensions) Act 1979 (c. 50), s. 4(7)

3B E+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

F4 Words in Sch. 2 para. 3B substituted (1.11.2013) by Constitutional Reform and Governance Act 2010 (c. 25), s. 52, Sch. 6 para. 35(3); S.I. 2013/2826, art. 2(b)(i) (with art. 3)

Marginal Citations

M1 1979 c. 50.

Civil Service E+W+S

4 E+W+S A pension payable under the M2 Superannuation Acts 1965 M3 and 1967 [F5 or under a scheme made under section 1 of the M4 Superannuation Act 1972, being the principal civil service pension scheme within the meaning of section 2 of that Act.]

Textual Amendments

F5 Words inserted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(a)

Marginal Citations

M2 1965 c. 74.

M3 1967 c. 28.

M4 1972 c. 11.

[F6 4A E+W+S A 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

F6 Sch. 2 para. 4A inserted (31.3.1995) by 1993 c. 8, ss. 22(1), 31(2); S. I. 1995/631, art. 2

Administration of justice E+W+S

5—6. E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

F7 Sch. 2 Pt. 1 paras. 5, 6, 9, 12, 26 repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 30, Sch. 4

7 E+W+S A pension payable under section 9 of the M5 County Courts Act 1934 (county court judges).

Marginal Citations

M5 1934 c. 53.

8 E+W+S A pension payable under section 20 of the M6 Sheriff Courts (Scotland) Act 1907 or section 1 of the M7 Sheriffs’ Pensions (Scotland) Act 1961 (sheriffs and salaried sheriffs-substitute).

Marginal Citations

M6 1907 c. 51.

M7 1961 c. 42.

9 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

Textual Amendments

F8 Sch. 2 Pt. 1 paras. 5, 6, 9, 12, 26repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 30, Sch. 4

10 E+W+S A pension payable under section 4(5) of the M8 Criminal Justice Administration Act 1956 (Recorder of Manchester or Liverpool).

Marginal Citations

M8 1956 c. 34.

11 E+W+S A pension payable under the Superannuation (President of the M9 Industrial Court) Act 1954.

Marginal Citations

M9 1954 c. 37.

12 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Textual Amendments

F9 Sch. 2 Pt. 1 paras. 5, 6, 9, 12, 26 repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 30, Sch. 4

13 E+W+S A pension payable under the M10 Police Magistrates (Superannuation) Acts 1915 M11 and 1929 [F10 or under Part I of Schedule 1 to the M12 Administration of Justice Act 1973.]

Textual Amendments

F10 Words added by Administration of Justice Act 1973 (c. 15), Sch. 1 para. 11(2)

Marginal Citations

M10 1915 c. 74.

M11 1929 c. 37.

M12 1973 c. 15.

Police and firemen E+W+S

14 E+W+S A pension payable by a Secretary of State under the M13 Police (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

M13 1945 c. 17 (9 & 10 Geo. 6).

15 E+W+S A pension payable by a Secretary of State under the M14 [F11 Police 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

[F12 (b) was engaged on service pursuant to an appointment under section 10 of the M15 Overseas Development and Co-operation Act 1980, [F13 or in connection with the provision by the Secretary of State of assistance under the International Development Act 2002] being service in respect of which [F14 section 97 of the Police Act 1996] [F15 had effect] or, as the case may be, [F16 being 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 [F17 section 26(2) of the Police Act 1996] or [F18 was 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 [F19 the Police Act 1996] or [F20 Chapter 11 of Part 1 of the Police and Fire Reform (Scotland) Act 2012]; or

[F21 (d) was engaged—

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

F22 ( ii ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .][F23 ; 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

F11 Words substituted by Police Pensions Act 1976 (c. 35), Sch. 2 para. 8(a)

F12 Sch. 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)

F13 Words 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

F14 Words 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)

F15 Words in Sch. 2 para. 15(b) inserted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 7(2)(a)(i) (with Sch. 3 para. 10(3))

F16 Words in Sch. 2 para. 15(b) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 7(2)(a)(ii) (with Sch. 3 para. 10(3))

F17 Words 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)

F18 Words in Sch. 2 para. 15(ba) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 7(2)(b) (with Sch. 3 para. 10(3))

F19 Words 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)

F20 Words in Sch. 2 para. 15(c) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 7(2)(c) (with Sch. 3 para. 10(3))

F21 Sch. 2 para. 15(d) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7, Pt. II, para. 18(2)(d)

F22 Sch. 2 para. 15(d)(ii) omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 7(2)(d) (with Sch. 3 para. 10(3))

F23 Sch. 2 para. 15(e) and word inserted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 7(2)(e) (with Sch. 3 para. 10(3))

Marginal Citations

M14 1976 c. 35.

M15 1980 c. 63

[F24 15A E+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

F24 Sch. 2 para. 15A inserted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(b)

Marginal Citations

M16 1972 c. 11.

[F25 16 E+W+S A 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

F25 Sch. 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

[F26 16A E+W+S A 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

F26 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

Teachers E+W+S

17 E+W+S A pension payable under the Elementary School Teachers (Superannuation) Acts 1898 to 1912.

18 E+W+S A 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 M17 said 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

M17 1956 c. 53.

19 E+W+S A pension payable under the Education (Scotland) Acts 1939 to 1967.

This paragraph does not include a pension granted under Regulation 45 of the M18 Teachers (Superannuation) (Scotland) Regulations 1957.

Marginal Citations

M18 S.I. 1957/356.

20 E+W+S A pension payable under regulations made under [F27 section 9 of the M19 Superannuation Act 1972]

Textual Amendments

F27 Words substituted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(d)

Marginal Citations

M19 1972 c. 11

[F28 20A E+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

F28 Para. 20A inserted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(e)

Marginal Citations

M20 1972 c. 11.

21 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

Textual Amendments

F29 Sch. 2 Pt. I para. 21 repealed by Superannuation Act 1972 (c. 11), s. 29(4), Sch. 8

National health service E+W+S

22 E+W+S A pension payable by a Secretary of State under or by virtue of any of the following:—

(a) section 6 of the M21 National Health Service Act 1946 or of the M22 National Health Service (Scotland) Act 1947 (former officers of voluntary hospitals);

(b) section . . . F30 68 of the National Health Service Act 1946 or section . . . F30 67 of the National Health Service (Scotland) Act 1947 (former officers of hospital authorities and others engaged in health services);

[F31 (c) regulations made under section 10 of the M23 Superannuation Act 1972;]

[F32 (d) section 44 of the M24 National Health Service Reorganisation Act 1973 or section 34A of the M25 National Health Service (Scotland) Act 1972.]

Textual Amendments

F30 Words repealed by Superannuation Act 1972 (c. 11), s. 29(4), Sch. 8

F31 Para. 22(c) inserted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(h)

F32 Para. 22(d) inserted by National Health Service Reorganisation Act 1973 (c. 32), Sch. 4 para. 133

Marginal Citations

M21 1946 c. 81.

M22 1947 c. 27.

M23 1972 c. 11.

M24 1973 c. 32.

M25 1972 c. 58.

23 E+W+S A 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 M26 Local Government Act 1958, section 85(4) of the M27 London Government Act 1963 . . . F33

Textual Amendments

F33 Words repealed by Superannuation Act 1972 (c. 11), s. 29(4), Sch. 8

Marginal Citations

M26 1958 c. 55.

M27 1963 c. 33.

[F34 23A E+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

F34 Para. 23A inserted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(i)

National insurance E+W+S

24 E+W+S A pension payable by a Secretary of State in pursuance of regulations made under section 67 of the M28 National 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

M28 1946 c. 67.

25 E+W+S A pension payable in pursuance of rules made under section 3 of the M29 Superannuation (Miscellaneous Provisions) Act 1948 (former employees of approved societies etc.).

This paragraph does not include a pension payable under the [F35 principal civil service pension scheme within the meaning of section 2 of the M30 Superannuation Act 1972.]

Textual Amendments

F35 Words substituted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(j)

Marginal Citations

M29 1948 c. 33.

M30 1972 c. 11.

26 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36

Textual Amendments

F36 Sch. 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 service E+W+S

27 E+W+S A pension payable under the M31 Governors Pensions Acts 1957 and 1967.

Marginal Citations

M31 1957 c. 62

[F37 27A E+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

F37 Para. 27A inserted by Overseas Pensions Act 1973 (c. 21), s. 4(3)

Marginal Citations

M32 1957 c. 62

M33 1965 c. 74.

M34 1972 c. 11.

F38 28 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F38 Sch. 2 para. 28 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 11

29 E+W+S A pension payable under the M35 Diplomatic Salaries &c. Act 1869.

Marginal Citations

M35 1869 c. 43.

Service in Ireland U.K.

30 U.K. A pension payable under Schedule 8 to the M36 Government of Ireland Act 1920 (former Irish civil servants).

Marginal Citations

M36 1920 c. 67.

31 U.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.

32 U.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 M37 Royal Irish Constabulary (Widows’ Pensions) Act 1954.

Marginal Citations

M37 1954 c. 17.

Miscellaneous E+W+S

33 E+W+S A 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 M38 London Government Act 1963.

Marginal Citations

M38 1963 c. 33.

F39 34 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F39 Sch. 2 para. 34 omitted (6.4.2013) by virtue of Finance Act 2012 (c. 14), Sch. 39 para. 54(2)(3)

35 E+W+S A pension payable by way of residual compensation under Part IV of the M39 Gas (Staff Compensation) Regulations 1949 as amended by the M40 Gas (Staff Compensation) (Amendment) Regulations 1951 (gas meter examiners and others employed by local authorities before nationalisation).

Marginal Citations

M39 S.I. 1949/2289.

M40 S.I. 1951/1327.

F40 36 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F40 Sch. 2 para. 36 repealed (21.7.2008) by Statute Law (Repeals) Act 2008 (c. 12), Sch. 1 Pt. 1 Group 4

37 E+W+S A pension payable by a Secretary of State under regulations made under [F41 section 129 of the M41 Reserve Forces Act 1980] (civilian employees of Territorial and Auxiliary Forces Associations).

Textual Amendments

F41 Words substituted by Reserve Forces Act 1980 (c. 9, SIF 7:2), s. 157, Sch. 9 para. 11

Marginal Citations

M41 1980 c. 9

38 E+W+S A 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 M42 Public Expenditure and Receipts Act 1968.

Marginal Citations

M42 1968 c. 14.

[F42 38A E+W+S A pension payable by virtue of paragraph [F43 10 of Schedule 1][F43 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.]

Textual Amendments

F42 Para. 38A inserted by Scottish Development Agency Act 1975 (c. 69), Sch. 4 para. 2

F43 Words substituted (E.W.S.) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(1), Sch. 4 para. 4

Marginal Citations

M43 1975 c. 69.

Part II E+W+S Pensions out of Local Funds

[F44 Scottish Parliament and Scottish Executive E+W+S

Textual Amendments

F44 Sch. 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

F45 38AB E+W+S A 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

F45 Sch. 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

[F46 National Assembly for Wales] E+W+S

Textual Amendments

F46 Sch. 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

[F47 38B E+W+S A pension payable under a scheme established under [F48 section 20(4)(b) or section 53(4)(b) of the Government of Wales Act 2006].]

Textual Amendments

F47 Sch. 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

F48 Words 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 service E+W+S

39 E+W+S A 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.

Administration of justice E+W+S

40 E+W+S A pension payable under section 33 of the Justices of the M44 Peace Act 1949 (stipendiary magistrates).

Marginal Citations

M44 1949 c. 101.

41 E+W+S A pension payable by a local authority under Part I of the M45 Administration of Justice (Pensions) Act 1950 (widows and children of stipendiary magistrates and of chairmen and deputy chairmen of London Sessions).

Marginal Citations

M45 1950 c. 11 (14 & 15 Geo. 6).

42 E+W+S A pension payable under section 22 of the Administration of Justice (Pensions) Act 1950 (chairmen and deputy chairmen of London Sessions).

Police and firemen E+W+S

43 E+W+S A pension payable (otherwise than as mentioned in paragraph 14 or 15 above) under any of the following;—

(a) [F49 the M46 Police Pensions Act 1976, or any enactment repealed by the M47 Police Pensions Act 1948] or by the M48 Police Pensions Act 1921;

[F50 (b) section 51 or 52 of the Police Act 1996;]

[F51 (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.

Textual Amendments

F49 Words substituted by Police Pensions Act 1976 (c. 35), Sch. 2 para. 8(b)

F50 Sch. 2 para. 43(b) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7, Pt. II para. 18(3)

F51 Sch. 2 para. 43(c) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 7(3) (with Sch. 3 para. 10(2))

Marginal Citations

M46 1976 c. 35.

M47 1948 c. 24.

M48 1921 c. 31.

[F52 44 E+W+S A pension payable by a fire and rescue authority or [F53 the 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

F52 Sch. 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

F53 Words 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

F54 45 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F54 Sch. 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

46 E+W+S A derivative pension payable under the M49 Police Pensions Act 1921 in respect of a person to whom the M50 National Fire Service (Preservation of Pensions) (Police Firemen) Regulations 1941 applied at the time of that person’s death or retirement.

Marginal Citations

M49 1921 c. 31.

M50 S.R. & O. 1941/1271.

Court and police staffs E+W+S

47 E+W+S A pension payable by a local authority in England or Wales under any enactment other than section 15(1) to (7) of the M51 Superannuation (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 [F55 or as staff of such a committee; or.

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

Textual Amendments

F55 Sch. 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

M51 1967 c. 28.

48 E+W+S A pension payable by F56 the [F57 London Residuary Body][F57 London Pensions Fund Authority]in respect of service ending with employment by the committee of magistrates for the inner London area.

Textual Amendments

F56 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 61(1)

F57 Words “London Pensions Fund Authority” substituted for “London Residuary Body” by S.I. 1989/1815, art. 7(5)

49 E+W+S A pension payable by [F58 the][F59 London Residuary Body][F59 London 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

F58 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 61(1)

F59 Words “London Pensions Fund Authority” substituted for “London Residuary Body” by S.I. 1989/1815, art. 7(5)

50 E+W+S A pension payable under section 15(1) to (7) of the Superannuation (Miscellaneous Provisions) Act 1967 (metropolitan civil staffs).

51 E+W+S A pension payable by a local authority, or by a [F60 local policing body or a chief officer of police] in England and Wales F61 . . ., under any enactment other than section 15 of the M52 Superannuation (Miscellaneous Provisions) Act 1967 in respect of service ending with—

(a) service as a civilian employed under [F62 section 15 of the Police Act 1996] by [F63 a police authority;]

[F64 (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 [F65 by 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 M53 Road Traffic and Roads Improvement Act 1960 or section 81(9) of the M54 Road Traffic Regulation Act 1967 [F66 section 95(1) of the Road Traffic Regulation Act 1984.]

[F67 In 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

F60 Words in Sch. 2 para. 51 substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 97(2); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 24)

F61 Words in Sch. 2 para. 51 repealed (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 9 Pt. I

F62 Words 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)

F63 Words in Sch. 2 para. 51(a) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 97(3); S.I. 2011/3019, art. 3, Sch. 1

F64 Sch. 2 para. 51(aa)-(ac) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 97(4); S.I. 2011/3019, art. 3, Sch. 1

F65 Words in Sch. 2 para. 51(b) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 97(5); S.I. 2011/3019, art. 3, Sch. 1

F66 Words inserted by Road Traffic Regulation Act 1984 (c. 27,SIF 107:1), s. 146, Sch. 13 para. 12

F67 Words in Sch. 2 para. 51 inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 97(6); S.I. 2011/3019, art. 3, Sch. 1

Marginal Citations

M52 1967 c. 28.

M53 1960 c. 63.

M54 1967 c. 76.

52 E+W+S A pension payable by [F68 a 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 M55 Local Government Act 1958, section 85(4) of the M56 London Government Act 1963 or section 4 of the M57 Public Expenditure and Receipts Act 1968 (compensation for loss of employment or emoluments due to reorganisation of local government etc). [F69 or under regulations made under section 24 of the M58 Superannuation 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.]

Textual Amendments

F68 Words in Sch. 2 para. 52 inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 98; S.I. 2011/3019, art. 3, Sch. 1

F69 Words inserted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(k)

Marginal Citations

M55 1958 c. 55.

M56 1963 c. 33.

M57 1968 c. 14.

M58 1972 c. 11.

Probation and after-care service E+W+S

53 E+W+S A pension payable in accordance with regulations under Schedule 4 to the M59 Local Government Superannuation Act 1953 [F70 or section 7 of the M60 Superannuation 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

F70 Words inserted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(l)

Marginal Citations

M59 1953 c. 25.

M60 1972 c. 11.

[F71 53A E+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

F71 Sch. 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

M61 1972 c. 11.

[F72 53B. E+W+S A 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.]

Textual Amendments

F72 Sch. 2 para. 53B inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 5(2)

54 E+W+S A 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.

55 E+W+S A pension payable by a probation and after-care committee under regulations made under section 60(2) of the M62 Local Government Act 1958 or section 85(4) of the M63 London Government Act 1963 (compensation for loss of employment or emoluments due to reorganisation of local government) [F73 or under regulations made under section 24 of the M64 Superannuation Act 1972 (further provisions requiring payment of compensation for loss of employment, etc.).]

Textual Amendments

F73 Words inserted by Superannuation Act 1972 (c. 11), Sch. 6 para 89(m)

Marginal Citations

M62 1958 c. 55

M63 1963 c. 33.

M64 1972 c. 11.

Teachers and school staff E+W+S

56 E+W+S A pension payable by a local authority under section 14(3)(b) of the M65 Teachers (Superannuation) Act 1925.

Marginal Citations

M65 1925 c. 59.

57 E+W+S A 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 M66 Education Act 1921 or a voluntary school within the meaning of [F74 the Education Act 1996.].

Textual Amendments

F74 Words 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

M66 1921 c. 51.

58 E+W+S A 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.

59 E+W+S A pension payable by a local authority in respect of service as a member of the staff of an approved school.

Miscellaneous E+W+S

60 E+W+S A pension payable by a local authority under any enactment in respect of service as a registration officer as defined in [F75 regulations made under section 7 of the M67 Superannuation Act 1972.]

Textual Amendments

F75 Words substituted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(n)

Marginal Citations

M67 1972 c. 11.

61 E+W+S A pension payable under [F76 section 6 of the M68 Coroners (Amendment) Act 1926 (county and borough coroners)][F76 paragraph 2 of Schedule 1 to the Coroners Act 1988 [F77 or by virtue of paragraph 17 of Schedule 3 to the Coroners and Justice Act 2009 ].]

Textual Amendments

F76 Words substituted (E.W.) by Coroners Act 1988 (c. 13, SIF 33),s. 36(1), Sch. 3 para. 15

F77 Words in Sch. 2 para. 61 inserted (25.7.2013) by Coroners and Justice Act 2009 (c. 25), s. 182(4)(e), Sch. 21 para. 23 (with s. 180); S.I. 2013/1869, art. 2(o)(xi)

Marginal Citations

M68 1926 c. 59.

62 E+W+S A pension payable by a local authority in respect of service as a clerk, officer or servant employed under section 47 of the M69 Local Government Act 1948 or section 92 of the M70 General Rate Act 1967 by a local valuation panel.

Marginal Citations

M69 1948 c. 26.

M70 1967 c. 9.

63 E+W+S A 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 M71 Rent Act 1965 or section 40 of the M72 Rent Act 1968 [F78 or section 63 of the M73 Rent Act 1977.]

Textual Amendments

F78 Words added by Rent Act 1977 (c. 42), s. 155(2), Sch. 23 para. 51

Marginal Citations

M71 1965 c. 75.

M72 1968 c. 23.

M73 1977 c. 42.

64 E+W+S A pension payable by a local authority by way of such compensation as is mentioned in section 8(1)(b) [F79 or (c)] of this Act.

Textual Amendments

F79 Words substituted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(o)

[F80 64A E+W+S A 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

F80 Sch. 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)

C2 Sch. 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))

[F81 64B E+W+S A 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

F81 Sch. 2 Pt. I paras 64A, 64B inserted by Local Government Act 1985 (c. 51, SIF 81:1), s.61(2)

[F82 64C E+W+S A 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

F82 Sch. 2 Pt. 1 para. 64C inserted (29.7.1988) by Education Reform Act 1988 (c. 40, SIF 41:1), s. 179(3)

[F83 F84 64D E+W+S A pension payable by the London Pensions Fund Authority.]

Textual Amendments

F83 Sch. 2 Pt. II para. 64D inserted (E.W.) (30.10.1989) at the end of Part II by SI 1989/1815, art. 7(6)

F84 Para. renumbered 64D by S.I. 1990/198, art.3

Part III E+W+S Other Pensions

[F85 F86 65 E+W+S A pension payable by the trustees of a trustee saving bank or by the Inspection Committee of trustees saving banks]

Textual Amendments

F85 Sch. 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.

F86 The 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.

66 E+W+S A 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.

67 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F87

Textual Amendments

F87 Sch. 2 pt. III para. 67 repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

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

[F88 68A E+W+S A pension payable by virtue of regulations made under section 3(2) of the M74 New Towns (Scotland) Act 1977.]

Textual Amendments

F88 Para. 68A inserted by New Towns (Scotland) Act 1977 (c. 16), s. 3(7)

Marginal Citations

M74 1977 c. 16.