The Overseas Service (Pensions Supplement) Regulations 1995

Overseas increases

19.—(1) An overseas increase in respect of a pension for the purposes of these regulations is any of the following:—

(a) any addition to the increasable rate of the pension which has at any time been awarded by an authority of an overseas territory or, in the case of a pension payable under section 1 of the 1973 Act, by the Secretary of State, and which is still being paid, including any increase, bonus or allowance and the restoration of a commuted part of a pension, and including any amount referred to in paragraph (2) but excluding any supplement under these Regulations and any change in the rate of pension to which regulation 6(2) applies;

(b) in the case of a pension payable in a currency other than sterling, the amount by which the current sterling value of the increasable rate of the pension calculated using the rate of exchange provided in regulation 20 exceeds its sterling value calculated using the rate of exchange provided in regulation 22;

(c) in the case of any pension to which regulation 6(3) or (4) applies, the amount by which the rate of the pension first awarded, or where that rate has been reduced by an authority of the relevant overseas territory the reduced rate, exceeds the increasable rate of the pension; and

(d) the current rate of any other pension payable to the same person wholly or partly in respect of the same service which is excluded from entitlement to supplement by regulation 3(2).

(2) Paragraph (1)(a) includes any addition of a kind there described which is included in the rate of pension first awarded (in addition to the normal computation of the rate of pension by reference to emoluments, or contributions and age, of an officer), and in particular includes any amount excluded from the increasable rate of the pension by regulation 6(1)(i).

(3) Paragraph (1)(b) shall extend to a pension which is treated as payable in a currency other than sterling by virtue of regulation 5, but not if it is converted into sterling for the purpose of payment at the rate of exchange specified in a Public Officers' Agreement concluded between Her Majesty’s Government in the United Kingdom and the government of an overseas territory.