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SCHEDULES

SCHEDULE 2U.K. Official Pensions

Part IIE+W+S Pensions out of Local Funds

[F1 Scottish Parliament and Scottish ExecutiveE+W+S

Textual Amendments

F1Sch. 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

F2 38AB E+W+SA 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

F2Sch. 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

F3[ National Assembly for Wales]E+W+S

Textual Amendments

F3Sch. 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

[F438BE+W+SA pension payable under a scheme established under [F5section 20(4)(b) or section 53(4)(b) of the Government of Wales Act 2006].]

Textual Amendments

F4Sch. 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

F5Words 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 serviceE+W+S

39E+W+SA 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.

[F639AE+W+SA 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).]

Textual Amendments

Administration of justiceE+W+S

40E+W+SA pension payable under section 33 of the Justices of the M1Peace Act 1949 (stipendiary magistrates).

Marginal Citations

41E+W+SA 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).

Marginal Citations

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

Police and firemenE+W+S

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

(a)[F7the M3Police Pensions Act 1976, or any enactment repealed by the M4Police Pensions Act 1948] or by the M5Police Pensions Act 1921;

[F8(b)section 51 or 52 of the Police Act 1996;]

[F9(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

F8Sch. 2 para. 43(b) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7, Pt. II para. 18(3)

Marginal Citations

[F1043AE+W+SA 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.]

Textual Amendments

[F11 44 E+W+S A pension payable by a fire and rescue authority or [F12the 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

F11Sch. 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

F12Words 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

[F1344AE+W+SA 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.]

Textual Amendments

F1445E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14Sch. 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

46E+W+SA 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.

Marginal Citations

M7S.R. & O. 1941/1271.

Court and police staffsE+W+S

47E+W+SA 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 [F15or as staff of such a committee; or.

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

Textual Amendments

F15Sch. 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

48E+W+SA pension payable by F16the [F17London Residuary Body][F17London Pensions Fund Authority]in respect of service ending with employment by the committee of magistrates for the inner London area.

Textual Amendments

F17Words “London Pensions Fund Authority” substituted for “London Residuary Body” by S.I. 1989/1815, art. 7(5)

49E+W+SA pension payable by [F18the][F19London Residuary Body][F19London 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

F19Words “London Pensions Fund Authority” substituted for “London Residuary Body” by S.I. 1989/1815, art. 7(5)

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

51E+W+SF20M9A pension payable by a local authority, or by a [F21local 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 [F22section 15 of the Police Act 1996] by [F23 a police authority;]

[F24(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 [F25by 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 [F26section 95(1) of the Road Traffic Regulation Act 1984.]

[F27In 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

F20Words in Sch. 2 para. 51 repealed (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 9 Pt. I

F22Words 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)

Modifications etc. (not altering text)

Marginal Citations

52E+W+SA pension payable by [F28a 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). [F29or 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.]

Textual Amendments

Marginal Citations

Probation and after-care serviceE+W+S

53E+W+SA pension payable in accordance with regulations under Schedule 4 to the M16Local Government Superannuation Act 1953 [F30or 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.

Textual Amendments

Marginal Citations

[F3153AE+W+S 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. ]

Textual Amendments

F31Sch. 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

[F3253B.E+W+SA 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

54E+W+SA 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.

55E+W+SA 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) [F33or under regulations made under section 24 of the M21Superannuation Act 1972 (further provisions requiring payment of compensation for loss of employment, etc.).]

Textual Amendments

Marginal Citations

Teachers and school staffE+W+S

56E+W+SA pension payable by a local authority under section 14(3)(b) of the M22Teachers (Superannuation) Act 1925.

Marginal Citations

57E+W+SA 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 [F34the Education Act 1996.].

Textual Amendments

F34Words 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

58E+W+SA 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.

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

MiscellaneousE+W+S

60E+W+SA pension payable by a local authority under any enactment in respect of service as a registration officer as defined in [F35regulations made under section 7 of the M24Superannuation Act 1972.]

Textual Amendments

Marginal Citations

61E+W+SA pension payable under [F36section 6 of the M25Coroners (Amendment) Act 1926 (county and borough coroners)][F36paragraph 2 of Schedule 1 to the Coroners Act 1988 [F37or by virtue of paragraph 17 of Schedule 3 to the Coroners and Justice Act 2009 ].]

Textual Amendments

F36Words substituted (E.W.) by Coroners Act 1988 (c. 13, SIF 33),s. 36(1), Sch. 3 para. 15

Marginal Citations

62E+W+SA 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.

Marginal Citations

63E+W+SA 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 [F38or section 63 of the M30Rent Act 1977.]

Textual Amendments

Marginal Citations

64E+W+SA pension payable by a local authority by way of such compensation as is mentioned in section 8(1)(b) [F39or (c)] of this Act.

Textual Amendments

[F40 64A E+W+SA 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

F40Sch. 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)

C2Sch. 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))

[F4164BE+W+SA 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

F41Sch. 2 Pt. I paras 64A, 64B inserted by Local Government Act 1985 (c. 51, SIF 81:1), s.61(2)

[F4264CE+W+SA 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

F42Sch. 2 Pt. 1 para. 64C inserted (29.7.1988) by Education Reform Act 1988 (c. 40, SIF 41:1), s. 179(3)

F43 [F44 64D E+W+SA pension payable by the London Pensions Fund Authority.]

Textual Amendments

F43Para. renumbered 64D by S.I. 1990/198, art.3

F44Sch. 2 Pt. II para. 64D inserted (E.W.) (30.10.1989) at the end of Part II by SI 1989/1815, art. 7(6)