SCHEDULES

SCHEDULE 2 Official Pensions

Part II Pensions out of Local Funds

F2 Scottish Parliament and Scottish Executive

Annotations:
Amendments (Textual)
F2

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

F1 38AB

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.

F4 National Assembly for Wales

Annotations:
Amendments (Textual)
F4

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

F338B

A pension payable under a scheme established under F31section 20(4)(b) or section 53(4)(b) of the Government of Wales Act 2006.

Annotations:
Amendments (Textual)
F3

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

F31

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

39

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.

F4239A

A pension payable under a defined benefits scheme, within the meaning of the Public Service Pensions Act 2013, made by the Secretary of State or the Scottish Ministers under section 1 of that Act by virtue of section 1(2)(c) of that Act (local government workers).

Administration of justice

40

A pension payable under section 33 of the Justices of the M1Peace Act 1949 (stipendiary magistrates).

41

A pension payable by a local authority under Part I of the M2Administration of Justice (Pensions) Act 1950 (widows and children of stipendiary magistrates and of chairmen and deputy chairmen of London Sessions).

42

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

Police and firemen

43

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

a

F5the M3Police Pensions Act 1976, or any enactment repealed by the M4Police Pensions Act 1948 or by the M5Police Pensions Act 1921;

F6b

section 51 or 52 of the Police Act 1996;

F39c

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.

F4343A

A pension payable under a defined benefits scheme, within the meaning of the Public Service Pensions Act 2013, made by the Secretary of State or the Scottish Ministers under section 1 of that Act by virtue of section 1(2)(g) of that Act (police).

In the case of a scheme made by the Secretary of State, this paragraph does not include a pension referred to in paragraph 15B above.

F29 44

A pension payable by a fire and rescue authority or F40the Scottish Fire and Rescue Service in accordance with a scheme brought into operation under section 34 of the Fire and Rescue Services Act 2004.

F4444A

A pension payable under a defined benefits scheme, within the meaning of the Public Service Pensions Act 2013, made by the Secretary of State, the Scottish Ministers or the Welsh Ministers under section 1 of that Act by virtue of section 1(2)(f) of that Act (fire and rescue workers).

In the case of a scheme made by the Secretary of State, this paragraph does not include a pension referred to in paragraph 16B above.

F3045

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

46

A derivative pension payable under the M6Police Pensions Act 1921 in respect of a person to whom the M7National Fire Service (Preservation of Pensions) (Police Firemen) Regulations 1941 applied at the time of that person’s death or retirement.

Annotations:
Marginal Citations
M7

S.R. & O. 1941/1271.

Court and police staffs

47

A pension payable by a local authority in England or Wales under any enactment other than section 15(1) to (7) of the M8Superannuation (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 F7or as staff of such a committee; or.

c

service as a justices’ chief executive.

48

A pension payable by F8the F9London Residuary BodyF9London Pensions Fund Authorityin respect of service ending with employment by the committee of magistrates for the inner London area.

49

A pension payable by F10theF11London Residuary BodyF11London Pensions Fund Authorityunder 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.

50

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

51

F12M9A pension payable by a local authority, or by a F33local policing body or a chief officer of police in England and Wales . . ., under any enactment other than section 15 of the Superannuation (Miscellaneous Provisions) Act 1967 in respect of service ending with—

a

service as a civilian employed under F13section 15 of the Police Act 1996 by F35 a police authority;

C2F36aa

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 F37by 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 M10Road Traffic and Roads Improvement Act 1960 or section 81(9) of the M11Road Traffic Regulation Act 1967 F14section 95(1) of the Road Traffic Regulation Act 1984.

F34In 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.

52

A pension payable by F38a 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 M12Local Government Act 1958, section 85(4) of the M13London Government Act 1963 or section 4 of the M14Public Expenditure and Receipts Act 1968 (compensation for loss of employment or emoluments due to reorganisation of local government etc). F15or under regulations made under section 24 of the M15Superannuation 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.

Probation and after-care service

53

A pension payable in accordance with regulations under Schedule 4 to the M16Local Government Superannuation Act 1953 F16or section 7 of the M17Superannuation 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.

F1753A

A pension payable in accordance with regulations under section 7 of the M18 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.

F3253B

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.

54

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

A pension payable by a probation and after-care committee under regulations made under section 60(2) of the M19Local Government Act 1958 or section 85(4) of the M20London Government Act 1963 (compensation for loss of employment or emoluments due to reorganisation of local government) F18or under regulations made under section 24 of the M21Superannuation Act 1972 (further provisions requiring payment of compensation for loss of employment, etc.).

Teachers and school staff

56

A pension payable by a local authority under section 14(3)(b) of the M22Teachers (Superannuation) Act 1925.

57

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 M23Education Act 1921 or a voluntary school within the meaning of F19the Education Act 1996..

58

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

A pension payable by a local authority in respect of service as a member of the staff of an approved school.

Miscellaneous

60

A pension payable by a local authority under any enactment in respect of service as a registration officer as defined in F20regulations made under section 7 of the M24Superannuation Act 1972.

61

A pension payable under F21section 6 of the M25Coroners (Amendment) Act 1926 (county and borough coroners)F21paragraph 2 of Schedule 1 to the Coroners Act 1988 F41or by virtue of paragraph 17 of Schedule 3 to the Coroners and Justice Act 2009 .

62

A pension payable by a local authority in respect of service as a clerk, officer or servant employed under section 47 of the M26Local Government Act 1948 or section 92 of the M27General Rate Act 1967 by a local valuation panel.

63

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 M28Rent Act 1965 or section 40 of the M29Rent Act 1968 F22or section 63 of the M30Rent Act 1977.

64

A pension payable by a local authority by way of such compensation as is mentioned in section 8(1)(b) F23or (c) of this Act.

C1F24 64A

A pension payable by a residuary body established by the Local Government Act 1985 in respect of service ending with service with that body.

F2564B

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.

F2664C

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.

F28F27 64D

A pension payable by the London Pensions Fund Authority.