SCHEDULES

SCHEDULE 2 Official Pensions

Part I State Pensions

Ministerial and parliamentary

1

A pension payable under section 3 of the M1Ministerial Salaries Consolidation Act 1965 (Prime Ministers) F1or under section 26 or section 27 of the M2Parliamentary and other Pensions Act 1972 (Pensions of the Prime Minister and Speaker and their dependants).

2

A pension payable under the M3Lord Chancellor’s Pension Act 1832 F2as amended by section 28 of the M4Parliamentary and other Pensions Act 1972.

3

A pension payable F3... F4 (except in respect of any period ending before 1st April 1972) under Mr Speaker King’s Retirement Act 1971.

F53A

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.

F6 European Assembly

3B

A pension payable under an order made under section 4 of the M5European Assembly (Pay and Pensions) Act 1979.

Civil Service

4

A pension payable under the M6Superannuation Acts 1965 M7 and 1967 F7or under a scheme made under section 1 of the M8Superannuation Act 1972, being the principal civil service pension scheme within the meaning of section 2 of that Act.

F84A

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.

Administration of justice

5—6.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

7

A pension payable under section 9 of the M9County Courts Act 1934 (county court judges).

8

A pension payable under section 20 of the M10Sheriff Courts (Scotland) Act 1907 or section 1 of the M11Sheriffs’ Pensions (Scotland) Act 1961 (sheriffs and salaried sheriffs-substitute).

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

10

A pension payable under section 4(5) of the M12Criminal Justice Administration Act 1956 (Recorder of Manchester or Liverpool).

11

A pension payable under the Superannuation (President of the M13Industrial Court) Act 1954.

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

13

A pension payable under the M14Police Magistrates (Superannuation) Acts 1915 M15 and 1929 F12or under Part I of Schedule 1 to the M16Administration of Justice Act 1973.

Police and firemen

14

A pension payable by a Secretary of State under the M17Police (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.

15

A pension payable by a Secretary of State under the M18F13Police 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

F14(b)

was engaged on service pursuant to an appointment under section 10 of the M19Overseas Development and Co-operation Act 1980, F15or in connection with the provision by the Secretary of State of assistance under the International Development Act 2002 being service in respect of which F16section 97 of the Police Act 1996 F17had effect or, as the case may be, F18being 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 F19section 26(2) of the Police Act 1996 or F20was 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 F21the Police Act 1996 or F22Chapter 11 of Part 1 of the Police and Fire Reform (Scotland) Act 2012; or

F23(d)

was engaged—

(i)

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

F24 (ii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F25; 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.

F2615A

A pension payable by a Secretary of State under regulations made under section 24 of the M20 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.

F27 16

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.

F28 16A

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.

Teachers

17

A pension payable under the Elementary School Teachers (Superannuation) Acts 1898 to 1912.

18

A pension payable under the Teachers (Superannuation) Acts 1918 to 1956.

This paragraph does not include—

  1. (a)

    a pension specified in paragraph 56 of this Schedule; or

  2. (b)

    so much of any pension payable under the M21said 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.

19

A pension payable under the Education (Scotland) Acts 1939 to 1967.

This paragraph does not include a pension granted under Regulation 45 of the M22Teachers (Superannuation) (Scotland) Regulations 1957.

20

A pension payable under regulations made under F29section 9 of the M23Superannuation Act 1972

F3020A

A pension payable to or in respect of a teacher under regulations made under section 24 of the M24Superannuation Act 1972 (compensation for loss of employment, etc.).

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31

National health service

22

A pension payable by a Secretary of State under or by virtue of any of the following:—

(a)

section 6 of the M25National Health Service Act 1946 or of the M26National Health Service (Scotland) Act 1947 (former officers of voluntary hospitals);

(b)

section . . . F32 68 of the National Health Service Act 1946 or section . . . F32 67 of the National Health Service (Scotland) Act 1947 (former officers of hospital authorities and others engaged in health services);

F33(c)

regulations made under section 10 of the M27Superannuation Act 1972;

F34(d)

section 44 of the M28National Health Service Reorganisation Act 1973 or section 34A of the M29National Health Service (Scotland) Act 1972.

23

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 M30Local Government Act 1958, section 85(4) of the M31London Government Act 1963 . . . F35

F3623A

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.).

National insurance

24

A pension payable by a Secretary of State in pursuance of regulations made under section 67 of the M32National Insurance Act 1946 (loss of employment or diminution of emoluments attributable to passing of that Act of former employees of approved societies etc.).

25

A pension payable in pursuance of rules made under section 3 of the M33Superannuation (Miscellaneous Provisions) Act 1948 (former employees of approved societies etc.).

This paragraph does not include a pension payable under the F37principal civil service pension scheme within the meaning of section 2 of the M34Superannuation Act 1972.

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38

Diplomatic, colonial and overseas service

27

A pension payable under the M35Governors Pensions Acts 1957 and 1967.

F3927A

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 M36Governors’ Pensions Acts 1957 and 1967 or of the M37Superannuation Act 1965 so far as it continued to have effect by virtue of section 23(2) of the M38Superannuation Act 1972.

F4028

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29

A pension payable under the M39Diplomatic Salaries &c. Act 1869.

Service in Ireland

30

A pension payable under Schedule 8 to the M40Government of Ireland Act 1920 (former Irish civil servants).

31

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

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 M41Royal Irish Constabulary (Widows’ Pensions) Act 1954.

Miscellaneous

33

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 M42London Government Act 1963.

F4134

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35

A pension payable by way of residual compensation under Part IV of the M43Gas (Staff Compensation) Regulations 1949 as amended by the M44Gas (Staff Compensation) (Amendment) Regulations 1951 (gas meter examiners and others employed by local authorities before nationalisation).

F4236

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37

A pension payable by a Secretary of State under regulations made under F43section 129 of the M45Reserve Forces Act 1980 (civilian employees of Territorial and Auxiliary Forces Associations).

38

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 M46Public Expenditure and Receipts Act 1968.

F4438A

A pension payable by virtue of paragraph F4510 of Schedule 1F4515(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 M47Scottish Development Agency Act 1975.