SCHEDULES
SCHEDULE 1 Table for conversion of basic rate to 1969 standard
[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
C1Part I State Pensions
Ministerial and parliamentary
F1131
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1132
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1133
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F943A
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.
F1 European Assembly
Para. 3B inserted by European Assemby (Pay and Pensions) Act 1979 (c. 50), s. 4(7)
3B
Civil Service
4
F1164ZA
A pension payable under a scheme made by the Minister for the Civil Service under section 1 of the Public Service Pensions Act 2013 by virtue of section 1(2)(a) of that Act (civil servants).
F34A
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.
F1264AA
A pension payable under a scheme made under section 18A of the Judicial Pensions and Retirement Act 1993, other than a pension payable under or by virtue of provision that is corresponding or similar to the provision that may be made by regulations under section 10 of that Act.
F1174B
A pension payable under a scheme made by the Lord Chancellor under section 1 of the Public Service Pensions Act 2013 by virtue of section 1(2)(b) of that Act (judiciary).
Administration of justice
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
7
A pension payable under section 9 of the M5County Courts Act 1934 (county court judges).
8
9
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
10
A pension payable under section 4(5) of the M8Criminal Justice Administration Act 1956 (Recorder of Manchester or Liverpool).
11
A pension payable under the Superannuation (President of the M9Industrial Court) Act 1954.
12
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
13
Police and firemen
14
A pension payable by a Secretary of State under the M13Police (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 M14F8Police 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
F9b
was engaged on service pursuant to an appointment under section 10 of the M15Overseas Development and Co-operation Act 1980, F10or in connection with the provision by the Secretary of State of assistance under the International Development Act 2002 being service in respect of which F11section 97 of the Police Act 1996F105had effect or, as the case may be, F106being temporary service outwith the Police Service of Scotland pursuant to section 15 of the Police and Fire Reform (Scotland) Act 2012; or
ba
c
F14d
was engaged—
i
on relevant service within paragraph (b), (c) or (d) of section 97(1) of the Police Act 1996, or
F109 ii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F104; 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.
F1515A
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.
F11815B
A pension payable by the Secretary of State under a scheme made by the Secretary of State under section 1 of the Public Service Pensions Act 2013 by virtue of section 1(2)(g) of that Act (members of police forces) to or in respect of such a person as is referred to in paragraph 15 above.
F84 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.
F83 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.
F11916B
A pension payable by the Secretary of State under a scheme made by the Secretary of State under section 1 of the Public Service Pensions Act 2013 by virtue of section 1(2)(f) of that Act (fire and rescue workers).
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—
- a
a pension specified in paragraph 56 of this Schedule; or
- b
so much of any pension payable under the M17said 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 M18Teachers (Superannuation) (Scotland) Regulations 1957.
20
F1720A
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. ).
F12020B
A pension payable by the Secretary of State under a scheme made by the Secretary of State under section 1 of the Public Service Pensions Act 2013 by virtue of section 1(2)(d) of that Act (teachers).
20C
A pension payable under a scheme made by the Scottish Ministers under section 1 of the Public Service Pensions Act 2013 by virtue of section 1(2)(d) of that Act (teachers).
21
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18
National health service
22
A pension payable by a Secretary of State under or by virtue of any of the following:—
a
b
F12122A
A pension payable by the Secretary of State under a scheme made by the Secretary of State under section 1 of the Public Service Pensions Act 2013 by virtue of section 1(2)(e) of that Act (health service workers).
22B
A pension payable under a scheme made by the Scottish Ministers under section 1 of the Public Service Pensions Act 2013 by virtue of section 1(2)(e) of that Act (health service workers).
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
F2323A
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 M28National 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 M29Superannuation (Miscellaneous Provisions) Act 1948 (former employees of approved societies etc.).
This paragraph does not include a pension payable under the F24principal civil service pension scheme within the meaning of section 2 of the M30Superannuation Act 1972.
26
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25
Diplomatic, colonial and overseas service
27
A pension payable under the M31Governors Pensions Acts 1957 and 1967.
F2627A
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.
F8228
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
29
A pension payable under the M35Diplomatic Salaries &c. Act 1869.
F122Armed forces
Sch. 2 para. 29A and cross-heading inserted (28.2.2014) by Public Service Pensions Act 2013 (c. 25), s. 41(2), Sch. 8 para. 5(8) (with Sch. 11 para. 8); S.I. 2014/433, art. 5(b)
29A
A pension payable under a scheme made under section 1 of the Public Service Pensions Act 2013 by virtue of section 1(2)(h) of that Act (armed forces).
Service in Ireland
30
A pension payable under Schedule 8 to the M36Government 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 M37Royal 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 M38London Government Act 1963.
F11234
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
35
F9136
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
37
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 M42Public Expenditure and Receipts Act 1968.
F2838A
Part II Pensions out of Local Funds
F31 Scottish Parliament and Scottish Executive
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
F30 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.
F33 National Assembly for Wales
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
F3238B
A pension payable under a scheme established under F89section 20(4)(b) or section 53(4)(b) of the Government of Wales Act 2006.
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.
F12339A
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 M44Peace Act 1949 (stipendiary magistrates).
41
A pension payable by a local authority under Part I of the M45Administration 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
F35b
section 51 or 52 of the Police Act 1996;
F110c
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.
F12443A
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.
F85 44
A pension payable by a fire and rescue authority or F111the Scottish Fire and Rescue Service in accordance with a scheme brought into operation under section 34 of the Fire and Rescue Services Act 2004.
F12544A
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.
F8645
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
46
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 M51Superannuation (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 F36or as staff of such a committee; or.
c
service as a justices’ chief executive.
48
49
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 F95local policing body or a chief officer of police in England and Wales F41. . ., under any enactment other than section 15 of the M52Superannuation (Miscellaneous Provisions) Act 1967 in respect of service ending with—
a
F98aa
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 F99by 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 M53Road Traffic and Roads Improvement Act 1960 or section 81(9) of the M54Road Traffic Regulation Act 1967 F43section 95(1) of the Road Traffic Regulation Act 1984.
F96In 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 F100a 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 M55Local Government Act 1958, section 85(4) of the M56London Government Act 1963 or section 4 of the M57Public Expenditure and Receipts Act 1968 (compensation for loss of employment or emoluments due to reorganisation of local government etc). F44or under regulations made under section 24 of the M58Superannuation 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 M59Local Government Superannuation Act 1953 F45or section 7 of the M60Superannuation 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.
F4653A
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.
F9053B
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 M62Local Government Act 1958 or section 85(4) of the M63London Government Act 1963 (compensation for loss of employment or emoluments due to reorganisation of local government) F47or under regulations made under section 24 of the M64Superannuation 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 M65Teachers (Superannuation) Act 1925.
57
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
61
62
63
64
A pension payable by a local authority by way of such compensation as is mentioned in section 8(1)(b) F52or (c) of this Act.
C2F53 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.
F5464B
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.
F5564C
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.
F57F56 64D
A pension payable by the London Pensions Fund Authority.
Part III Other Pensions
F59F58 65
A pension payable by the trustees of a trustee saving bank or by the Inspection Committee of trustees saving banks
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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60
68
A pension payable by the council of the London borough of Southwark in respect of employment in the borough market, Southwark.
F6168A
A pension payable by virtue of regulations made under section 3(2) of the M74 New Towns (Scotland) Act 1977.
C13C14C15SCHEDULE 3 Further Administrative, Incidental and Consequential Provisions
Sch. 3 excluded by S.I. 1990/503, reg. 3(2)(b)(c)
Sch. 3 continued by S.I. 1990/503, reg. 3(2)(c)
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 M75Police Act 1890 and section 10 of the M76Police Pensions Act 1921 as to the payment of pensions partly out of the police fund and partly out of moneys provided by Parliament.
5
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 F92the original holding company to increase in accordance with this Act any pension which is payable under the F64principal civil service pension scheme within the meaning of section 2 of the M77Superannuation Act 1972 but in relation to which F65F92the original holding company is the pension authority by virtue of F66paragraph 2 of Schedule 3 to the Postal Services Act 2000 as it has effect by reference tosection 44 of the M78Post Office Act 1969; and where under F67the Post Office Act 1969 or any enactment reproducing its effect part of a pension so payable is to be paid by F92the original holding company and part is not, this Act shall apply as if the two parts were separate pensions.
F933A
In paragraph 3 “ the original holding company ” has the meaning given by section 15 of the Postal Services Act 2011.
Re-employed teachers 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
b
in regulation 50 of the M81Teachers’ 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
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 M82Children 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—
F68 a
in England and Wales—
F69F70i
a billing authority or a precepting authority, as defined in section 69 of the Local Government Finance Act 1992;
F88ia
a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;
F71 ib
the London Fire and Emergency Planning Authority;
ii
a levying body within the meaning of section 74 of F87the Local Government Finance Act 1988 ; and
iii
a body as regards which section 75 of that Act applies; and
F72b
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 M83 Local Government and other Officers’ Superannuation Act 1922 or under section 2 of the M84 Local Government Superannuation Act 1937 or the M85 Local Government Superannuation (Scotland) Act 1937 F73 or in accordance with regulations made under section 7 of the M86 Superannuation 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 F74 or for the purposes of regulations made under section 7 of the M87 Superannuation Act 1972 , any passenger transport executive F75 for the purposes of Part II of the M88 Transport Act 1968 F76 and
7
1
For the purposes of this Act “local government service” means service under any local authority F77, any county council, town council or district council and any other authority to whom section 270 of the M91Local 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 M92Local 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 M93Local Government Staffs (War Service) Act 1939; and
b
section 51(4) (firemen employed in training institutions) of the M94London County Council (General Powers) Act 1949.
SCHEDULE 4 Overseas Government Pensions (India, Pakistan and Burma)
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F78
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 M95Indian 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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F79
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 M96Burma 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
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 M97Police (Overseas Service) Act 1945; or
b
was engaged in service in respect of which the provisions of section 5 of the M98Overseas 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)
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 F80Metropolitan Police AuthorityF101or the Mayor's Office for Policing and Crime , being employment F102before the repeal of section 14(4) of the Police Act 1996 remunerated out of the Metropolitan Police Fund F103or employment after that repeal;
F81d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 M99National Health Service Act 1946 or the M100National 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
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
Part I Outright Repeals
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.
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