Superannuation Act 1972

1 Superannuation schemes as respects civil servants, etc. U.K.

(1) The Minister for the Civil Service (in this Act referred to as “the Minister”)—

(a) may make, maintain, and administer schemes (whether contributory or not) whereby provision is made with respect to the pensions, allowances or gratuities which, subject to the fulfilment of such requirements and conditions as may be prescribed by the scheme, are to be paid, or may be paid, by the Minister to or in respect of such of the persons to whom this section applies as he may determine;

(b) may, in relation to such persons as any such scheme may provide, pay or receive transfer values;

(c) may make, in such circumstances as any such scheme may provide, payments by way of a return of contributions, with or without interest; and

(d) may make such payments as he thinks fit towards the provision, otherwise than by virtue of such a scheme, of superannuation benefits for or in respect of such of the persons to whom this section applies as he may determine.

(2) The Minister may, to such extent and subject to such conditions as he thinks fit, delegate to any other Minister or officer of the Crown any functions exercisable by him by virtue of this section or any scheme made thereunder.

[F1 (2A) Where a money purchase scheme under this section includes provision enabling a member to elect for the benefits which are to be provided to or in respect of him to be purchased from any authorised provider whom he may specify, then—

(a) notwithstanding subsection (1)(a) above, the scheme may make provision for the making of such an election to have the effect, in such cases as the scheme may specify, of discharging any liability of the Treasury to pay those benefits to or in respect of that member; but

(b) the scheme shall not be so framed as to have the effect that benefits under it may only be provided in a manner which discharges that liability of the Treasury.]

(3) Before making any scheme under this section the Minister, or, if the Minister so directs in relation to a particular scheme, another Minister of the Crown specified in the direction, shall consult with persons appearing to the Minister or that other Minister, as the case may be, to represent persons likely to be affected by the proposed scheme or with the last-mentioned persons.

(4) This section applies to persons serving—

(a) in employment in the civil service of the State; or

(b) in employment of any of the kinds listed in Schedule 1 to this Act; or

(c) in an office so listed.

(5) Subject to subsection (6) below, the Minister may by order—

(a) add any employment to those listed in the said Schedule 1, being employment by a body or in an institution specified in the order,

(b) add any office so specified to the offices so listed, or

(c) remove any employment or office from the employments or offices so listed.

(6) No employment or office shall be added to those listed in the said Schedule 1 unless the remuneration of persons serving in that employment or office is paid out of moneys provided by Parliament or the Consolidated Fund.

(7) Notwithstanding subsection (6) above, the Minister may by order provide that this section shall apply to persons serving in employment which is remunerated out of a fund specified in the order, being a fund established by or under an Act of Parliament.

(8) An order under subsection (5) or (7) above—

(a) may be made so as to have effect as from a date before the making of the order;

(b) may include transitional and other supplemental provisions;

(c) may vary or revoke a previous order made under that subsection; and

(d) shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F2 (9) In this section—

• “authorised provider”, in relation to any benefit, means a person authorised under Chapter III of Part I of the Financial Services Act M1 1986 to provide that benefit;

• “money purchase scheme”means a scheme under which all the benefits that may be provided are money purchase benefits, as defined in section 84(1) of the Social Security Act M2 1986.]

Subordinate Legislation Made

P1 S. 1: for previous exercises of this power see Index to Government Orders.

P2 S. 1(5) power exercised by S.I.1991/1166.

Textual Amendments

F1 S. 1(2A) inserted by Pensions (Miscellaneous Provisions) Act 1990 (c. 7, SIF 101A:3), s. 8(1)

F2 S. 1(9) added by Pensions (Miscellaneous Provisions) Act 1990 (c. 7, SIF 101A:3), s. 8(2)

Modifications etc. (not altering text)

C1 S. 1 extended by Judicature (Northern Ireland) Act 1978 (c. 23), s. 72(1)

C2 S. 1 extended (E.W.) by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 47, Sch. 13 para. 10(1)

C3 S. 1 extended by National Audit Act 1983 (c. 44, SIF 99:1), s. 3(4)

C4 S. 1 extended (S.) by National Heritage (Scotland) Act 1985 (c. 16, SIF 78), ss. 1, 10, Sch. 1 paras. 4(6), 15(4)

C5 S. 1 extended by British Council and Commonwealth Institute Superannuation Act 1986 (c.51, SIF 101A:1), s. 1(1)(2)

C6 S. 1 extended by S.I. 1987/938 (N.I.10), art. 3(2), Sch. 1 Pt. I para. 8

C7 S. 1 extended (E.W.S.) by Employment Act 1988 (c. 19, SIF 43:5), s. 19,Sch. 1 para. 5

C8 S. 1 extended (E.W.) by Education Reform Act 1988 (c. 40, SIF 41:1), s. 224(1)

C9 S. 1 modified (E.W.S.) by Employment Act 1989 (c. 38, SIF 43:1), s. 26(7)

C10 S. 1 excluded (S.) by National Heritage (Scotland) Act 1985 (c. 16, SIF 78), ss. 1, 10, Sch. 1 paras. 5(6), 16(6)

C11 S. 1 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)

C12 S. 1 amended (retrosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 154

Marginal Citations

M1 1986 c.60(69).

M2 1986 c.50(113:1).