SCHEDULES

SCHEDULE 1 Table for conversion of basic rate to 1969 standard

Section 1.

[Note:—The year to be taken is that in which the pension is, under section 8(2), to be treated as beginning.]

Year Multiplier

Year Multiplier

Year Multiplier

Any year

1951 . . . 1.886

1960 . . . 1.383

up to

1952 . . . 1.728

1961 . . . 1.338

1944 . . . 3.052

1953 . . . 1.675

1962 . . . 1.282

1945 . . . 2.583

1954 . . . 1.645

1963 . . . 1.258

1946 . . . 2.348

1955 . . . 1.574

1964 . . . 1.218

1947 . . . 2.327

1956 . . . 1.501

1965 . . . 1.162

1948 . . . 2.179

1957 . . . 1.448

1966 . . . 1.118

1949 . . . 2.119

1958 . . . 1.404

1967 . . . 1.091

1950 . . . 2.059

1959 . . . 1.397

1968 . . . 1.042

SCHEDULE 2 Official Pensions

Sections 4, 5, 7 and 15.

C1Part I State Pensions

Annotations:
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

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 F90... F3 (except in respect of any period ending before 1st April 1972) under Mr Speaker King’s Retirement Act 1971.

F43A

A pension which under the Parliamentary pension scheme (within the meaning of the Parliamentary and other Pensions Act 1987) is payable out of the Parliamentary Contributory Pension Fund.

F5 European Assembly

Annotations:

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 F6or 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.

F74A

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

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

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

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

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

13

A pension payable under the M14Police Magistrates (Superannuation) Acts 1915 M15 and 1929 F11or 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 M18F12Police 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

F13b

was engaged on service pursuant to an appointment under section 10 of the M19 Overseas Development and Co-operation Act 1980, F14 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 F15 section 97 of the Police Act 1996 or, as the case may be, section 38A of the M20 Police (Scotland) Act 1967 had effect; or

ba

was engaged on temporary service in accordance with F16 section 26(2) of the Police Act 1996 or section 12A(2) of the M21 Police (Scotland) Act 1967; or

c

was serving as an inspector or assistant inspector of constabulary under F17the Police Act 1996 or the M22Police (Scotland) Act 1967; or

F18d

was engaged—

i

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

ii

on central service pursuant to section 38 of the Police (Scotland) Act 1967.

This paragraph includes a substituted pension not so payable if the original pension is so payable.

F1915A

A pension payable by a Secretary of State under regulations made under section 24 of the M23Superannuation Act 1972 (compensation for loss of employment, etc.) to or in respect of such a person as is referred to in paragraph 15 above.

16

A pension payable by a Secretary of State in accordance with a scheme in force under section 26 of the M24Fire Services Act 1947.

This paragraph does not apply to a flat-rate pension, except where the rate depends on section 27(3) of that Act.

F2016A

A pension payable by a Secretary of State to or in respect of a person in relation to whom a scheme may be made under the said section 26, being a pension payable under regulations made under section 24 of the M25Superannuation Act 1972.

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 M26said 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 M27Teachers (Superannuation) (Scotland) Regulations 1957.

20

A pension payable under regulations made under F21section 9 of the M28Superannuation Act 1972

F2220A

A pension payable to or in respect of a teacher under regulations made under section 24 of the M29Superannuation Act 1972 (compensation for loss of employment, etc.).

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

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 M30National Health Service Act 1946 or of the M31National Health Service (Scotland) Act 1947 (former officers of voluntary hospitals);

b

section . . . F24 68 of the National Health Service Act 1946 or section . . . F24 67 of the National Health Service (Scotland) Act 1947 (former officers of hospital authorities and others engaged in health services);

F25c

regulations made under section 10 of the M32Superannuation Act 1972;

F26d

section 44 of the M33National Health Service Reorganisation Act 1973 or section 34A of the M34National 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 M35Local Government Act 1958, section 85(4) of the M36London Government Act 1963 . . . F27

F2823A

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 M37National 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 M38Superannuation (Miscellaneous Provisions) Act 1948 (former employees of approved societies etc.).

This paragraph does not include a pension payable under the F29principal civil service pension scheme within the meaning of section 2 of the M39Superannuation Act 1972.

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30

Diplomatic, colonial and overseas service

27

A pension payable under the M40Governors Pensions Acts 1957 and 1967.

F3127A

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 M41Governors’ Pensions Acts 1957 and 1967 or of the M42Superannuation Act 1965 so far as it continued to have effect by virtue of section 23(2) of the M43Superannuation Act 1972.

F9128

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

29

A pension payable under the M44Diplomatic Salaries &c. Act 1869.

Service in Ireland

30

A pension payable under Schedule 8 to the M45Government 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 M46Royal 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 M47London Government Act 1963.

34

A pension payable under section 29 of the M48Finance Act 1932, section 60 of the M49Finance (No. 2) Act 1945 or section 62 of the M50Finance Act 1946 (compensation to tax collectors and assessors for loss of employment).

35

A pension payable by way of residual compensation under Part IV of the M51Gas (Staff Compensation) Regulations 1949 as amended by the M52Gas (Staff Compensation) (Amendment) Regulations 1951 (gas meter examiners and others employed by local authorities before nationalisation).

36

A widow’s pension payable by a Secretary of State in accordance with a scheme framed by the then Army Council under the M53Injuries in War (Compensation) Act 1914 (Session 2) for established civil servants employed abroad within the sphere of military operations.

37

A pension payable by a Secretary of State under regulations made under F32section 129 of the M54Reserve 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 M55Public Expenditure and Receipts Act 1968.

F3338A

A pension payable by virtue of paragraph F3410 of Schedule 1F3415(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 M56Scottish Development Agency Act 1975.

Part II Pensions out of Local Funds

F36 Scottish Parliament and Scottish Executive

Annotations:
Amendments (Textual)

F3538AB

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.

F38 National Assembly for Wales

Annotations:
Amendments (Textual)
F38

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

F3738B

A pension payable under a scheme established under section 18(2)(b) of the Government of Wales Act 1998.

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.

Administration of justice

40

A pension payable under section 33 of the Justices of the M57Peace Act 1949 (stipendiary magistrates).

41

A pension payable by a local authority under Part I of the M58Administration 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

F39the M59Police Pensions Act 1976, or any enactment repealed by the M60Police Pensions Act 1948 or by the M61Police Pensions Act 1921;

F40b

section 51 or 52 of the Police Act 1996;

c

section 26 or 27 of the M62Police (Scotland) Act 1967.

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.

44

A pension payable by a local authority, in respect of service as a member of a fire brigade, in accordance with a scheme in force under section 26 of the M63Fire Services Act 1947.

This paragraph does not apply to a flat-rate pension, except where the rate depends on section 27(3) of that Act.

45

A pension payable by a local authority, otherwise than as mentioned in paragraph 44 above, in respect of—

a

service as a professional fireman (as defined by the M64Fire Brigade Pensions Act 1925); or

b

service which, by or under any enactment, is treated as approved service in a fire brigade.

46

A derivative pension payable under the M65Police Pensions Act 1921 in respect of a person to whom the M66National Fire Service (Preservation of Pensions) (Police Firemen) Regulations 1941 applied at the time of that person’s death or retirement.

Annotations:
Marginal Citations
M66

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 M67Superannuation (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 F41or as staff of such a committee; or.

c

service as a justices’ chief executive.

48

A pension payable by F42the F43London Residuary BodyF43London Pensions Fund Authorityin respect of service ending with employment by the committee of magistrates for the inner London area.

49

A pension payable by F44theF45London Residuary BodyF45London 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

A pension payable by a local authority, or by a police authority in England and Wales F46. . ., under any enactment other than section 15 of the M68Superannuation (Miscellaneous Provisions) Act 1967 in respect of service ending with—

a

service as a civilian employed under F47section 15 of the Police Act 1996 by such a police authority; or

b

service as a traffic warden employed by such a police authority under section 2 of the M69Road Traffic and Roads Improvement Act 1960 or section 81(9) of the M70Road Traffic Regulation Act 1967 F48section 95(1) of the Road Traffic Regulation Act 1984.

52

A pension payable by a police authority under regulations made under section 60(2) of the M71Local Government Act 1958, section 85(4) of the M72London Government Act 1963 or section 4 of the M73Public Expenditure and Receipts Act 1968 (compensation for loss of employment or emoluments due to reorganisation of local government etc). F49or under regulations made under section 24 of the M74Superannuation 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 M75Local Government Superannuation Act 1953 F50or section 7 of the M76Superannuation 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.

F5153A

A pension payable in accordance with regulations under section 7 of the M77Superannuation 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.

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 M78Local Government Act 1958 or section 85(4) of the M79London Government Act 1963 (compensation for loss of employment or emoluments due to reorganisation of local government) F52or under regulations made under section 24 of the M80Superannuation 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 M81Teachers (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 M82Education Act 1921 or a voluntary school within the meaning of F53the 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 F54regulations made under section 7 of the M83Superannuation Act 1972.

61

A pension payable under F55section 6 of the M84Coroners (Amendment) Act 1926 (county and borough coroners)F55paragraph 2 of Schedule 1 to the Coroners Act 1988.

62

A pension payable by a local authority in respect of service as a clerk, officer or servant employed under section 47 of the M85Local Government Act 1948 or section 92 of the M86General 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 M87Rent Act 1965 or section 40 of the M88Rent Act 1968 F56or section 63 of the M89Rent Act 1977.

64

A pension payable by a local authority by way of such compensation as is mentioned in section 8(1)(b) F57or (c) of this Act.

F58C264A

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

F5964B

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.

F6064C

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.

F61F6264D

A pension payable by the London Pensions Fund Authority.

Part III Other Pensions

F63F6465

A pension payable by the trustees of a trustee saving bank or by the Inspection Committee of trustees saving banks

Annotations:
Amendments (Textual)
F63

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.

F64

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

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65

68

A pension payable by the council of the London borough of Southwark in respect of employment in the borough market, Southwark.

F6668A

A pension payable by virtue of regulations made under section 3(2) of the M90New Towns (Scotland) Act 1977.

C13C14C15SCHEDULE 3 Further Administrative, Incidental and Consequential Provisions

Sections 7 and 17.

Annotations:
Modifications etc. (not altering text)
C13

Sch. 3 excluded by S.I. 1990/503, reg. 3(2)(b)(c)

C14

Sch. 3 continued by S.I. 1990/503, reg. 3(2)(c)

C15

Sch. 3 applied (with modifications) (8.1.1993) by S.I. 1992/3229, reg. 2(1)

Sch. 3 modified (29.3.1994) by S. I. 1994/948, reg. 2(1)(2)

Sch. 3 modified (retrospective effect to 1.4.1990) by S.I. 1994/3026, regs. 1(c), 10(2)

Sch. 3 restricted (2.5.1995) by S.I. 1995/1019, reg. L19(1)(b)

Sch. 3 restricted (30.6.1997) by S.I. 1997/1612, reg. 91

Sch. 3 restricted (1.4.1998) by S.I. 1998/366, reg. 90

Liability for cost of increase of certain local authority, police and fire service pensions

C31

C4C51

Where a pension to which this paragraph applies is increased under this Act, the cost of the increase shall be defrayed by the pension authority; but where the pension authority are not the last employing authority, the last employing authority shall reimburse to the pension authority that cost or so much of it as is not required by paragraph 2 below to be reimbursed by some other authority or to be borne by the pension authority.

C6C72

For the purposes of this paragraph, “the last employing authority” means, in relation to a pension, the authority to whom the latest services in respect of which the pension is payable were rendered, unless the functions in connection with which they were rendered have been transferred to another authority; and where they have been so transferred, “the last employing authority” means the authority by whom those functions are for the time being exercisable.

C83

Any question who are the last employing authority for the purposes of this paragraph shall, in default of agreement, be determined by the Secretary of State.

4

Nothing in this paragraph shall affect the operation in relation to increases under this Act of the provisions of section 14 of the M91Police Act 1890 and section 10 of the M92Police Pensions Act 1921 as to the payment of pensions partly out of the police fund and partly out of moneys provided by Parliament.

5

This paragraph applies to the pensions specified in the following paragraphs of Schedule 2 to this Act, that is to say, paragraphs 39, 44, 45, 47, 48, 49, 51, 53, 54, 56 to 60, 62 F67,63, 64A and, so far as relating to any pension falling within any of the foregoing paragraphs, 64BF68and 64C.

C92

1

Where a pension to which this paragraph applies is increased under this Act, and by virtue of section 7(3) any part of the cost of the increase would, but for paragraph 1 above, be apportioned to a fund not administered by the pension authority, that part of the cost shall be reimbursed to the pension authority; and the cost of reimbursement shall be defrayed and borne as if it were the cost of an increase under this Act on a separate pension payable out of that fund in respect of the employment giving rise to the apportionment to that fund.

2

Where a pension to which this paragraph applies is increased under this Act, and—

a

the pension is payable partly in respect of service in respect of which another such pension was payable (“the previous service”) and partly in respect of further service rendered after the termination of the previous service; and

b

different authorities are the last employing authority in relation to the two pensions, but the cost of the final pension does not fall to be apportioned;

then so much of the cost of the increase as is referable to the previous service on an apportionment made according to the length of that service as compared with that of the further service shall be reimbursed to the pension authority by the authority who are the last employing authority in relation to the earlier pension (or, if the pension authority are that authority, shall be borne by the pension authority and shall not be reimbursed in accordance with paragraph 1 above by the last employing authority).

3

Paragraphs 1(2) and (3) above shall apply for purposes of this paragraph as they apply for purposes of paragraph 1.

4

This paragraph applies to the same pensions as paragraph 1 above, except that it does not apply to pensions specified in paragraphs 44, 45 and 56 of Schedule 2.

Pensions of former civil servants payable by Post Office

C103

It shall be the duty of F69the Post Office company to increase in accordance with this Act any pension which is payable under the F70principal civil service pension scheme within the meaning of section 2 of the M93Superannuation Act 1972 but in relation to which F71the Post Office company is the pension authority by virtue of F72paragraph 2 of Schedule 3 to the Postal Services Act 2000 as it has effect by reference tosection 44 of the M94Post Office Act 1969; and where under F73the Post Office Act 1969 or any enactment reproducing its effect part of a pension so payable is to be paid by F69the Post Office company and part is not, this Act shall apply as if the two parts were separate pensions.

F743A

In paragraph 3 above “the Post Office company” has the same meaning as in Part IV of the Postal Services Act 2000.

Annotations:
Amendments (Textual)
F74

Sch. 3 para. 3A inserted (26.3.2001) by 2001/1149, arts. 3(1), Sch. 1 para. 29

Re-employed teachers C11

Annotations:
Modifications etc. (not altering text)
C11

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.

4

Any reference to the Pensions (Increase) Acts 1920 to 1969 (or any of them) which is contained—

a

in regulation 50 of the M95Teachers’ Superannuation Regulations 1967, as inserted by regulation 13 of the M96Teachers’ Superannuation (Amendment) Regulations 1970 ; or

b

in regulation 50 of the M97Teachers’ Superannuation (Scotland) Regulations 1969 ;

shall have effect, in relation to any period after 31st August 1971, as a reference to Part I of this Act and, in relation to any period after 30th November 1973, as a reference to the said Part I and the Pensions (Increase) Act 1974 (but without prejudice to the power to vary or revoke those regulations).

Retired staff of former approved schools etc.C12

Annotations:
Modifications etc. (not altering text)
C12

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.

5

In Schedule 3 to the M98Children and Young Persons Act 1969 (which relates to the arrangements to take effect on an institution ceasing under section 46 to be an approved school, remand home, approved probation hostal or approved probation home), for paragraph 1(3) there shall be substituted—

3

In respect of any such superannuation or other benefits as are referred to in sub-paragraph (2)(b) of this paragraph, being benefits to which a person became entitled before the specified date and to which the Pensions (Increase) Act 1971 does not apply, the section 46 order may contain such provisions for securing the payment of additional amounts (calculated by reference to increases under that Act or under any enactment repealed by it) as the Secretary of State considers appropriate having regard to any arrangements obtaining with respect to those benefits before the specified date.

Meaning of “local authority” and “local government service”

6

1

For the purposes of this Act “local authority” means—

F75a

in England and Wales—

F76F77i

a billing authority or a precepting authority, as defined in section 69 of the Local Government Finance Act 1992;

ia

F78a combined police authority ora combined fire authority, as defined in section 144 of the Local Government Finance Act 1988;

F79ib

the London Fire and Emergency Planning Authority;

ii

a levying body within the meaning of section 74 of that Act; and

iii

a body as regards which section 75 of that Act applies; and

F80b

in Scotland any regional, islands or district council.

2

References in this Act to a local authority shall apply also

a

to any joint board or joint committee established under or by virtue of any Act if all the constituent authorities are local authorities; and

b

to any other joint committee established by a combination scheme under section 5(1) and (2) of the M99Local Government and other Officers’ Superannuation Act 1922 or under section 2 of the M100Local Government Superannuation Act 1937 or the M101Local Government Superannuation (Scotland) Act 1937 F81or in accordance with regulations made under section 7 of the M102Superannuation Act 1972; and

c

in relation to cases where they are the employing authority for purposes of the Local Government Superannuation Act 1937 or the Local Government Superannuation (Scotland) Act 1937 F82or for the purposes of regulations made under section 7 of the M103Superannuation Act 1972, any passenger transport executive F83for the purposes of Part II of the M104Transport Act 1968F84and

d

in Scotland to any water development board within the meaning of the M105Water (Scotland) Act 1967 and to any river purification board established under the M106Local Government (Scotland) Act 1973.

7

1

For the purposes of this Act “local government service” means service under any local authority F85, any county council, town council or district council and any other authority to whom section 270 of the M107Local Government (Scotland) Act 1947 applied but includes service which by virtue of any enactment mentioned in sub-paragraph (2) below is, for superannuation purposes, treated as service under a local authority.

2

The enactments referred to in sub-paragraph (1) above are—

a

the following enactments (which relate to war service), that is to say,—

i

sections 2 and 3 of the M108Local Government (Emergency Provisions) Act 1916;

ii

section 12(3) of the Local Government Superannuation Act 1937 or of the Local Government Superannuation (Scotland) Act 1937;

iii

section 3 of the M109Local Government Staffs (War Service) Act 1939; and

b

section 51(4) (firemen employed in training institutions) of the M110London County Council (General Powers) Act 1949.

SCHEDULE 4 Overseas Government Pensions (India, Pakistan and Burma)

Section 10.

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F86

2

A pension payable out of the revenues of India or Pakistan to a person resident outside India, Pakistan, Burma and Aden in respect of any relevant services to the Crown, being either—

a

service which ended before 15th August 1947; or

b

service of which the termination was attributable to the passing of the M111Indian Independence Act 1947; or

c

service which began at a time earlier than 15th August 1947 and was rendered by a person who in the opinion of the Secretary of State was at that time domiciled outside Asia.

The service relevant to this paragraph is service by virtue of which the pensioner has pension rights in relation to any of the funds listed below and any other service in a civil capacity; it is immaterial whether the service was rendered by the pensioner or by another pension, and “pension rights” includes, in relation to any person, all forms of right to, or eligibility for, the present or future payment of a pension to or in respect of that person.

List of funds

i

The Bengal Military Fund and Orphans’ Society;

ii

The Bombay Military Fund;

iii

The Madras Military Fund;

iv

The Madras Medical Fund;

v

The Indian Navy Fund;

vi

The Indian Civil Service Family Pension Fund (Untransferred);

vii

The Superior Services (India) Family Pension Fund (Untransferred);

viii

The Indian Military Widows’ and Orphans’ Fund (Untransferred);

ix

The Indian Military Services Family Pension Fund (Untransferred);

x

The Bengal and Madras Service Family Pension Fund.

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F87

4

A pension payable from the revenues of Burma to a person resident outside Burma, India, Pakistan and Aden and payable in respect of service in a civil capacity in Burma, being either—

a

service which ended before 4th January 1948; or

b

service of which the termination was attributable to the passing of the M112Burma Independence Act 1947; or

c

service which began at a time earlier than 4th January 1948 and was rendered by a person who in the opinion of the Secretary of State was at that time domiciled outside Asia.

5

A pension payable to or in respect of a member of the staff of the High Commissioner for India or the High Commissioner for Pakistan who at some time before he was transferred to the staff of the High Commissioner had been an officer or servant on the permanent establishment of the Secretary of State in Council of India.

6

A pension payable to or in respect of a person who was appointed to the staff of the Auditor of the Accounts of the Secretary of State for India in Council before the 1st April 1937.

7

A pension payable to or in respect of a European officer or European warrant officer of the Royal Indian Marine.

C16SCHEDULE 5 Other Overseas Government Pensions

Section 11.

Annotations:
Modifications etc. (not altering text)
C16

Sch. 5 applied (1.3.1995) by S.I. 1995/238, reg. 16

1

A pension in respect of service under the government of an overseas territory by a person who—

a

was at any time selected for initial appointment to service under the government of an overseas territory by a Minister of the Crown in the United Kingdom, or was recruited by the Crown Agents for Overseas Governments and Administrations; or

b

was at any time recruited to a post for which, in the opinion of the Secretary of State, a normal channel of recruitment would have been either the Colonial Office or the Crown Agents for Oversea Governments and Administrations; or

c

was at any time a member of Her Majesty’s Overseas Civil Service or Her Majesty’s Overseas Judiciary; or

d

was at any time a designated officer under an Overseas Service Aid Scheme Agreement.

2

A pension in respect of service under the Sudan Government by a person who, in the opinion of the Secretary of State, entered the service of that Government in a pensionable capacity before 17th July 1954.

3

A pension in respect of service under the Egyptian Government by a person who, in the opinion of the Secretary of State, entered the service of that Government in a pensionable capacity before 15th March 1922, and who was a British subject when he entered such service.

4

A pension for the payment of which the Crown assumed responsibility under the Instrument of Cession of Sarawak dated 21st May 1946 or the North Borneo Transfer Agreement dated 26th June 1946.

5

A pension in respect of service in any of the armed forces of the Crown raised in an overseas territory, not being a pension payable under any warrant or other instrument made by virtue of Her Majesty’s prerogative in respect of such forces.

6

A pension in respect of service in an auxiliary or special police force raised in an overseas territory, not being a pension payable to or in respect of a person who at the time of his retirement either—

a

was engaged as mentioned in section 1(1) of the M113Police (Overseas Service) Act 1945; or

b

was engaged in service in respect of which the provisions of section 5 of the M114Overseas Service Act 1958 had effect;

nor a pension payable under any warrant or other instrument made by virtue of Her Majesty’s prerogative in respect of such forces.

C17SCHEDULE 6 Employments Relevant to Section 13(2)

Section 13.

Annotations:
Modifications etc. (not altering text)
C17

Sch. 6 has effect as if any reference to the Minister for the Civil Service were a reference to the Treasury: S.I. 1981/1670, arts. 2(1)(c), 3(5)

Sch. 6 applied (1.3.1995) by S.I. 1995/238, reg. 17

The following employments shall be included in section 13(2)(a) of this Act, namely,—

a

employment in the College of Domestic Arts of South Wales and Monmouthshire;

b

employment by the Wheat Commission;

c

employment (otherwise than as a constable) under the Commissioner of Police of the Metropolis or the F88Metropolitan Police Authority , being employment remunerated out of the Metropolitan Police Fund;

F89d

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

e

employment as an officer of a Regional Hospital Board, Board of Governors of a teaching hospital (or, in Scotland, Board of Management), Executive Council or other body constituted under the M115National Health Service Act 1946 or the M116National Health Service (Scotland) Act 1947 and any other employment as an officer engaged in health services provided under either of those Acts or otherwise (but not including health services provided by a local health authority or other local authority);

f

practices as a medical practitioner providing general medical services or as a dental practitioner providing general dental services (within the meaning of the National Health Service Act 1946 or the National Health Service (Scotland) Act 1947);

g

employment to which the Overseas Superannuation Scheme applied;

h

any other employment specified for this purpose by regulations of the Minister for Civil Service.

C18SCHEDULE 7 Consequential Repeals

Section 18.

Annotations:
Modifications etc. (not altering text)
C18

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.

Chapter

Short Title

Extent of Repeal

10 & 11 Geo. 5. c. 36.

The Pensions (Increase) Act 1920.

The whole Act

14 & 15 Geo. 5. c. 32.

The Pensions (Increase) Act 1924.

The whole Act.

7 & 8 Geo. 6. c. 21.

The Pensions (Increase) Act 1944.

The whole Act.

10 & 11 Geo. 6. c. 7.

The Pensions (Increase) Act 1947.

The whole Act

11 & 12 Geo. 6. c. 24.

The Police Pensions Act 1948.

In Schedule 1, paragraphs 15 to 20.

12, 13 & 14 Geo. 6. c. 44.

The Superannuation Act 1949.

Section 48(1) to (4).

Section 62(3).

15 & 16 Geo. 6 & 1 Eliz. 2. c. 45.

The Pensions (Increase) Act 1952.

The whole Act

1 & 2 Eliz. 2. c. 25.

The Local Government Superannuation Act 1953.

In Schedule 4, paragraph 4.

2 & 3 Eliz. 2. c. 25.

The Pensions (Increase) Act 1954.

The whole Act.

3 & 4 Eliz. 2. c. 22.

The Pensions (India, Pakistan and Burma) Act 1955.

Section 3(1), except the words preceding pargraph (a) and except pargraph (c).

In Schedule 2, Parts I and II.

4 & 5 Eliz. 2. c. 39.

The Pensions (Increase) Act 1956.

The whole Act.

6 & 7 Eliz. 2. c. 64.

The Local Goverment and Miscellaneous Financial Provisions (Scotland) Act 1958.

In Schedule 4, paragraphs 5 and 19.

7 & 8 Eliz. 2. c. 50.

The Pensions (Increase) Act 1959.

The whole Act

8 & 9 Eliz. 2. c. 9.

The Judicial Pensions Act 1959.

Section 7(1) and (2).

10 & 11 Eliz. 2. c. 30.

The Northern Ireland Act 1962.

Section 26(2).

11 & 12 Eliz. 2. c. 2.

The Pensions (Increase) Act 1962.

The whole Act.

1965 c. 11.

The Ministerial Salaries and Members’ Pensions Act 1965.

Section 17.

1965 c. 58.

The Ministerial Salaries Consolidation Act 1965.

Section 3(3) from “but” onwards.

1965 c. 78.

The Pensions (Increase) Act 1965.

The whole Act.

1969 c. 7.

The Pensions (Increase) Act 1969.

The whole Act.C18

SCHEDULE 8 Repeals of Spent Provisions

Section 18.

Part I Outright Repeals

Annotations:
Modifications etc. (not altering text)
C19

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.

Chapter

Short Title

Extent of Repeal

1 & 2 Geo. 6. c. 31.

The Scottish Land Court Act 1938.

Section 1(3)

11 & 12 Geo. 6. c. 26.

The Local Government Act 1948.

In section 140, in subsection (1), the words “the Central Valuation Committee, the Railway Assessment Authority”, and subsection (3)(f) with the preceding “and”.

11 &12 Geo. 6. c. 33.

The Superannuation (Miscellaneous Provisions) Act 1948.

Section 13, so far as unrepealed.

8 & 9 Eliz. 2. c. 9.

The Judicial Pensions Act 1959.

Section 3(2).

Section 7(3).

Section 9(3).

1967 c. 73.

The National Insurance Act 1967.

In Schedule 7, paragraph 7.

1969 c. 44.

The National Insurance Act 1969.

Section 10(2).

1969 c. 63.

The Police Act 1969.

Section 5.

1970 c. 51.

The National Insurance (Old perons’ and widows’ pensions and attendance allowance) Act 1970.

Section 8(6).C19

Part II Repeals with Saving for Existing Pensions

Chapter

Short Title

Extent of Repeal

8 Edw. 7. c. 38.

The Irish Universities Act 1908.

Section 16(8).

9 & 10 Geo. 5. c. 19.

The Local Government (Ireland) Act 1919.

Section 8.

10 & 11 Geo. 5. c. 67.

The Government of Ireland Act 1920.

Section 9(4).

Sections 54 and 55.

Sections 57 to 59.

In section 68, subsection (1) from the words “or any Act” onwards and subsection (2).

Schedule 8.

13 Geo. 5. Sess. 2. c. 2.

The Irish Free State (Consequential Provisions) Act 1922 (Session 2).

In Schedule 1, paragraph 7(2).

25 & 26 Geo. 5. c. 23.

The Superannuation Act 1935.

Section 18(2).

12, 13 & 14 Geo. 6. c. 44.

The Superannuation Act 1949.

Section 56.

10 & 11 Eliz. 2. c. 30.

The Northern Ireland Act 1962.

Section 26(1) and (3).

1965 c. 74.

The Superannuation Act 1965.

Section 101.

No repeal included in this Part of this Schedule shall affect the operation of any enactment (including an enactment of the Parliament of Northern Ireland) in relation to pensions for service ending before the passing of this Act.