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Revised Statute from The UK Statute Law Database

Superannuation Act 1972 (c. 11)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following years: 2003, 2004, 2005, 2006, 2007, 2008 and 2009. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

Royal arms

Superannuation Act 1972

1972 CHAPTER 11

Contents

Go to Preamble

  1. Persons employed in the civil service, etc

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

    2. 2. Further provisions relating to schemes under s. 1

    3. 3. Recovery in certain circumstances of payments by way of injury allowances

    4. 4. Payments due to deceased persons

    5. 5. Benefits under civil service superannuation schemes not assignable

    6. 6. Power to repeal or amend Acts, etc

  2. Persons employed in local government service, etc

    1. 7. Superannuation of persons employed in local government service, etc

    2. 8. Local Act schemes

  3. Teachers

    1. 9. Superannuation of teachers

  4. Persons engaged in health services, etc

    1. 10. Superannuation of persons engaged in health services, etc

  5. Provisions ancillary to sections 7 to 10

    1. 11. Statement of case by Secretary of State

    2. 12. Further provisions as to regulations

  6. Provisions relating to superannuation of various other persons

    1. 13. The Comptroller and Auditor General

    2. 14. Metropolitan civil staffs

    3. 15. Members of police forces, special constables and police cadets

    4. 16. Members of fire brigades

    5. 17. Persons employed by general lighthouse authorities, etc

    6. 18. Employees of law societies

    7. 19.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    8. 20. Officers and servants of certain river authorities

    9. 21.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    10. 22. Pension schemes of various statutory bodies: removal of requirement to obtain Ministerial approval for certain determinations, etc

    11. 23.

  7. Miscellaneous and Supplemental

    1. 24. Compensation for loss of office, etc

    2. 25.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    3. 26. Financial provisions

    4. 27. Dissolution of Civil Service Committee for Northern Ireland

    5. 28. Certain enactments relating to superannuation of Forestry Commissioners and to declarations required from recipients of certain pensions to cease to have effect

    6. 29. Amendments, savings, transitional provisions and repeals

    7. 30. Short title, construction of references commencement and extent

  8. SCHEDULE 1

    Kinds of Employment, etc., Referred to in Section 1

  9. SCHEDULE 2

    The Existing Civil Service Superannuation Provisions

  10. SCHEDULE 3

    Provisions Which may be Included in Certain Regulations

  11. SCHEDULE 4

    Bodies to whom Section 22 relates

  12. SCHEDULE 5

    . .

  13. SCHEDULE 6

    Consequential and Minor Amendments

  14. SCHEDULE 7

    Savings and Transitional Provisions

  15. SCHEDULE 8

    Repeals

An Act to amend the law relating to pensions and other similar benefits payable to or in respect of persons in certain employment; to provide for distribution without proof of title of certain sums due to or in respect of certain deceased persons; to abolish the Civil Service Committee for Northern Ireland; to repeal section 6 of the Appropriation Act 1957; and for purposes connected with the matters aforesaid.

[1st March 1972]

Annotations:

Modifications etc. (not altering text)

C1Power to modify conferred by Social Security Act 1986 (c. 50, SIF 113:1), s. 17(2)(3)(c)

Power to modify conferred (7.2.1994) by Pensions Schemes Act 1993 (c. 48), ss. 188-190, Sch. 6 Pt. II para. 17(3)(C); S.I. 1994/86, art. 2

Act modified (E.W.S.) (1.12.1993) by S.I. 1993/2714, regs. 9(4)(a), 10.

C2Act excluded (S.) (1.2.2000) by 2000 asp 1, s. 10(6), Sch. 2 para. 8(4)(a); S.S.I. 2000/10, art. 2(2)

Act excluded (S.) (8.9.2000) by 2000 asp 10, s. 29, Sch. 4 para. 6(4)(a) (with s. 32); S.S.I. 2000/312, art. 2

Act: for any reference to the Education Assets Board there is substituted (1.10.1998) a reference to the Education Transfer Council by virtue of 1998 c. 31, s. 136; S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I

Commencement Information

I1Act not in force at Royal Assent see section 30(4); Act wholly in force at 25.3.1972.

Persons employed in the civil service, etc

1 Superannuation schemes as respects civil servants, etc

(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.]

[ F2(2B)The Minister may, to such extent and subject to such conditions as he thinks fit, delegate to the Scottish Parliamentary Corporate Body any function exercisable by him by virtue of this section or any scheme made thereunder so far as that function or scheme relates to any employees of that Body.]

(3)Before making any scheme under this section the Minister, or, if the Minister so directs in relation to a particular scheme [F3(other than a scheme mentioned in subsection (3A) below)], 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.

[ F2(3A)Before making any scheme under this section relating to any employees of the Scottish Parliamentary Corporate Body (referred to as “the Parliamentary corporation”) the Minister, or, if the Minister so directs, the Parliamentary corporation, shall consult with–

(a)persons appearing to the Minister or the Parliamentary corporation, as the case may be, to represent persons likely to be affected by the proposed scheme, or

(b)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 [F4the Consolidated Fund or the Scottish 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.

[F5(9)In this section—

  • [F6“authorised provider”, in relation to the investment of any sums paid by way of voluntary contributions or the provision of any benefit, means—

    (a)

    a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to invest such sums or, as the case may be, to provide that benefit;

    (b)

    an EEA firm of a kind mentioned in paragraph 5(a), (b) or (c) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to invest such sums or, as the case may be, to provide that benefit and which satisfies the conditions applicable to it which are specified in subsection (9B), (9C) or (9D); or

    (c)

    an EEA firm of a kind mentioned in paragraph 5(d) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to invest such sums or, as the case may be, to provide that benefit;]

    • “money purchase scheme” [F7has the meaning given by section 181(1) of the Pension Schemes Act 1993]]

[F8(9A)In subsection (9), the definition of “authorised provider” must be read with—

(a)section 22 of the Financial Services and Markets Act 2000;

(b)any relevant order under that section; and

(c)Schedule 2 to that Act.

(9B)If the EEA firm concerned is of the kind mentioned in paragraph 5(a) of Schedule 3 to the Financial Services and Markets Act 2000, the conditions are—

(a)that, in investing of the sums in question, or in providing the benefit in question, the firm is carrying on a service falling within section A or C of the Annex to the Investment Services Directive; and

(b)that the firm is authorised by its home state authorisation to carry on that service.

(9C)If the EEA firm concerned is of the kind mentioned in paragraph 5(b) of that Schedule, the conditions are-

(a)that, in investing of the sums in question, or in providing the benefit in question, the firm is carrying on an activity falling within Annex 1 to the Banking Consolidation Directive; and

(b)that the activity in question is one in relation to which an authority in the firm’s home State has regulatory functions.

(9D)If the EEA firm concerned is of the kind mentioned in paragraph 5(c) of that Schedule, the conditions are—

(a)that, in investing of the sums in question, or in providing the benefit in question, the firm is carrying on an activity falling within Annex 1 to the Banking Consolidation Directive;

(b)that the activity in question is one in relation to which an authority in the firm’s home State has regulatory functions; and

(c)that the firm also carries on the activity in question in its home State.

(9E)Expressions used in subsections (9B) to (9D) which are also used in Schedule 3 to the Financial Services and Markets Act 2000 have the same meaning in those subsections as they have in that Schedule.]

Annotations:

Amendments (Textual)

F1S. 1(2A) inserted by Pensions (Miscellaneous Provisions) Act 1990 (c. 7, SIF 01A:3), s. 8(1)

F2S. 1(2B)(3A) inserted (27.7.2000) by S.I. 2000/2040, art. 2(1), Sch. Pt. I para. 5(2)(4) (with art. 3)

F3Words in s. 1(3) inserted (27.7.2000) by S.I. 2000/2040, art. 2(1), Sch. Pt. I para. 5(3) (with art. 3)

F4Words in s. 1(6) substituted (6.5.1999) by 1998 c. 46, s. 125, Sch. 8 para. 14 (with s. 126(3)-(11)); S.I. 1998/3178, art. 2(2), Sch. 3

F5S. 1(9) added by Pensions (Miscellaneous Provisions) Act 1990 (c. 7, SIF 101A:3), s. 8(2)

F6s. 1(9): definition of “authorised provider” substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 106(2)

F7Words in definition of“money purchase scheme” in s. 1(9) substituted (7.2.1994) by 1993 c. 48, s. 190, Sch. 8 para. 6 (with s. 6(8)); S.I. 1994/86, art. 2

F8s. 1(9A)-(9E) inserted (1.12.2001) by S.I. 2001/3649, arts. 1, 106(3)

Modifications etc. (not altering text)

C1S. 1 extended (01.10.1991) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 52(2), Sch. 5, para. 5(3)(with s. 79(1)); S.I. 1991/2054, art. 3, Sch.

C2S. 1 extended by Judicature (Northern Ireland) Act 1978 (c. 23), s. 72(1)

C3S. 1 extended (E.W.) by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 47, Sch. 13 para. 10(1)

C4S. 1 extended by National Audit Act 1983 (c. 44, SIF 99:1), s. 3(4)

C5S. 1 extended (S.) by National Heritage (Scotland) Act 1985 (c. 16, SIF 78), ss. 1, 10, Sch. 1 paras. 4(6), 15(4)

C6S. 1 extended by British Council and Commonwealth Institute Superannuation Act 1986 (c.51, SIF 101A:1), s. 1(1)(2)

C7S. 1 extended by S.I. 1987/938 (N.I.10), art. 3(2), Sch. 1 Pt. I para. 8

C8S. 1 extended (E.W.S.) by Employment Act 1988 (c. 19, SIF 43:5), s. 19,Sch. 1 para. 5

C9S. 1 extended (E.W.) by Education Reform Act 1988 (c. 40, SIF 41:1), s. 224(1)

S. 1 extended (1.10.1993) by 1993 c. 35, s. 244, Sch. 14 para. 11(1); S.I. 1993/1975, art. 9, Sch. 1.

S. 1 extended (1.4.1994) by 1993 c. 35, s. 307(1), Sch. 19 para. 46; S.I. 1994/507, art. 4(1), Sch. 2

S. 1 extended (21.12.1993) by 1993 c. 38, ss. 4, 36(1), Sch. 1, para. 9(1).

S. 1 extended (E.W.S.) (19.9.1994) by 1994 c. 21, s. 1, Sch. 1 Pt. I para. 3(6) (with s. 40(7)); S.I. 1994/2189, art. 2, Sch.

S. 1 extended (E.W.) (29.1994) by 1994 c. 30, s. 2(5), Sch. 1 para. 7(1); S.I. 1994/2204, art. 2(1)

S. 1 extended (1.7.1996) by 1991 c. 53, s. 32(7), Sch. 5 para. 6(1) (as substituted (1.3.1998) by 1994 c. 33, s. 168(2), Sch. 10 para. 70; S.I. 1996/1608, art. 2)

S. 1 extended (1.4.1996) by 1995 c. 26, s. 1(5), Sch. 1 para. 12(1) (with s. 121(5)); S.I. 1996/778, art. 2(3), Sch. Pt. III

S. 1 extended (1.8.1996) by 1995 c. 26, s. 78(8), Sch. 2 para. 11(1) (with s. 121(5)); S.I. 1996/1412, art. 2, Sch. Pt. I

S. 1 extended (E.W.N.I.) (1.1.1997) by 1995 c. 35, s. 8, Sch. 1 para. 4(3); S.I. 1996/3149, art. 3

S. 1 excluded (1.4.1995) by S.I. 1995/365, reg. R11(2)

S. 1 extended (1.1.1996) by S.I. 1995/3275, reg. 57, Sch. 10 Pt. I para. 1

S. 1 extended (E.W.) (1.11.1996) by 1996 c. 56, ss. 20, 21, 583(2), Sch. 2 para. 9(1) (with ss. 1(4), 561, 562, Sch. 39)

S. 1 extended (E.W.) (1.11.1996) by 1996 c. 56, ss. 159, 583(2), Sch. 30 para. 10(1) (with ss. 1(4), 561, 562, Sch. 39)

S. 1 extended (E.W.) (1.11.1996) by 1996 c. 56, ss. 358, 583(2), Sch. 29 para. 11(1) (with ss. 1(4), 561, 562, Sch. 39)

S. 1 extended (1.10.1997) by 1997 c. 44, s. 21(5), Sch. 4 para. 11(1); S.I. 1997/1468, art. 2(3), Sch. 1 Pt. III

S. 1 extended (1.10.1997) by 1997 c. 44, s. 27(5), Sch. 5 para. 10(1); S.I. 1997/1468, art. 2(3), Sch. 1 Pt. III

S. 1 extended (1.3.1998) by 1997 c. 44, s. 57(1), Sch. 7 para. 3(2); S.I. 1998/386, art. 2(1), Sch. 1 Pt. I

S. 1 extended (S.) (1.1.1998) by 1995 c. 46, s. 194A(7), Sch. 9A para. 4(3) (as inserted (1.1.1998) by 1997 c. 48, s. 25(2); S.I. 1997/3004, art. 2, Sch.)

S. 1 extended (1.4.1998) by 1997 c. 50, s. 109(2), Sch. 8 para. 6(1); S.I. 1998/354, art. 2(1)(2)(av)(ba)

S. 1 extended (1.4.1999) by 1993 c. 39, Sch. 2A para. 6(5) (as inserted (1.4.1999) by 1998 c. 22, s. 1(5), Sch. 1 Pt. II para. 7; S.I. 1999/650, art. 2(a)(b))

S. 1 extended (1.10.1998) by 1998 c. 30, s. 1(9), Sch. 1 para. 7(1) (with s. 42(8)); S.I. 1998/2215, art. 2

S. 1 extended (1.1.1999) by 1992 c. 37, s. 59A(3)(a) (as inserted (1.1.1999) by 1998 c. 30, s. 37 (with s. 42(8)); S.I. 1998/3237, art. 2(3))

S. 1 extended (N.I.) (6.11.2000) by 1998 c. 32, s. 51, Sch. 3 para. 3(3); S.R. 2000/399, art. 3

S. 1 extended (E.W.) (30.9.1998) by 1998 c. 37, s. 41(11), Sch. 2 para. 4(3); S.I. 1998/2327, art. 2(1)(i)

S. 1 extended (1.7.1999) by 1998 c. 38, s. 104, Sch. 6 para. 3(2); S.I. 1999/1290, art. 4

S. 1 extended (25.11.1998 for the purposes of regional development agencies established on that date and otherwise 3.7.2000) by 1998 c. 45, s. 2(5), Sch. 2 para. 5(1); S.I. 1998/2952, art. 2; S.I. 2000/1173, art. 2(2)(c)

S. 1 extended (1.3.1999) by 1998 c. 47, s. 68(4), Sch. 7 para. 4(2) (with s. 95(4)); S.I. 1999/340, art. 2(3), Sch. Pt. 3

S. 1 extended (E.W.S.) (6.8.1999) by 1999 c. 17, s. 1(3), Sch. 1 para. 11(1) (with s. 15); S.I. 1999/2210, art. 2(1)(6)

S. 1 extended (12.1.2000) by 1999 c. 29, s. 389(1) (with Sch. 12 para. 9(1)); S.I. 1999/3434, art. 2

S. 1: functions transferred (1.4.1995) by S.I. 1995/269, art. 3, Sch. para. 6

S. 1 applied (26.2.1997) by S.I. 1997/236, art. 2

S. 1 applied (23.3.1999 with effect from 1.9.1998) by S.I. 1999/519, art. 2(a)

S. 1 applied (13.9.2002) by S.I. 2002/2143, art. 2(1)(3)

S. 1 extended (8.6.2000) by S.I. 2000/1505, art. 4(1)

S. 1 extended (28.6.2000) by S.I. 2000/1484, art. 3(3)

S. 1 extended (24.7.2000) by S.I. 2000/1728, art. 2(1)

S. 1 amended (3.8.2000) by 2000 c. 21, s. 52(8), Sch. 6 para. 6(1); S.I. 2000/2114, art. 2(1), Sch. Pt. I

S. 1 amended (1.9.2000) by 2000 c. 21, s. 1(4), Sch. 1 para. 6(1); S.I. 2000/2114, art. 2(3), Sch. Pt. III

S. 1 extended (1.11.2000) by 2000 c. 27, s. 2(4), Sch. 2 para. 5(3); S.I. 2000/2917, art. 2, Sch.

S. 1 extended (1.11.2000) by 2000 c. 27, s. 108, Sch. 6 Pt. III para. 44(2); S.I. 2000/2917, art. 2, Sch.

S. 1 extended (N.I.) (23.11.2000) by 2000 c. 32, s. 67(4), Sch. 4 para. 4(3)

S. 1 extended (15.1.2001) by 2000 c. 38, s. 204, Sch. 14 para. 6; S.I. 2000/3376, art. 2

S. 1 extended (1.9.2002) by 2001 c. 16, s. 127(1)(2); S.I 2002/2050, art. 2

S. 1 extended (E.W.) (1.4.2002) by 2001 c. 16, s. 87, Sch. 3 para. 12; S.I. 2002/533, art. 2(c)

S. 1 amended (E.W) (1.4.2001) by 2000 c. 43, s. 11, Sch. 2 para. 18(1); S.I. 2001/919, art. 2(a)(e)

S. 1 extended (17.5.2001) by 2001/1587, art. 2

S. 1 extended (prosp.) by 2002 c. 40, ss. 13, 279, Sch. 3 para. 6(2)

C10S. 1 modified (E.W.S.) by Employment Act 1989 (c. 38, SIF 43:1), s. 26(7)

C11S. 1 excluded (S.) by National Heritage (Scotland) Act 1985 (c. 16, SIF 78), ss. 1, 10, Sch. 1 paras. 5(6), 16(6)

C12S. 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)

C13S. 1 amended (retrosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 154

S. 1 amended (12.1.2000) by 1999 c. 29, s. 390(1) (with Sch. 12 para. 9(1)); S.I. 1999/3434, art. 2

C14S. 1 extended (6.5.1992) by Further and Higher Education Act 1992 (c. 13), ss. 9, 70, Sch. 1 para. 7(5); S.I. 1992/831, art. 2, Sch. 1

C15S. 1 extended (21.11.1998) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 7, Sch. 1 para. 11; S.I. 1998/2886, art. 2(a)

C16S. 1 extended (1.6.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 37, Sch. 7 para. 7(5); S.I. 1992/817, art. 3(2), Sch. 2

C17S. 1 extended (1.1.1993) by S.I. 1992/3218, reg. 82(1), Sch. 10 para. 5

C18S. 1 extended (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 269(2), 302.

S. 1 extended (12.8.2002 but with effect as specified in arts. 2, 3) by S.I 2002/1913, arts. 2, 3

C19S. 1: power to extend conferred (27.9.1999) by 1999 c. 22, ss. 105, 108(3)(e), Sch. 14 Pt. V para. 36(3)(a) (with s. 107, Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(d)(i)

S. 1: power to extend conferred (1.4.2001) by 1997 c. 25, s. 50(1) (as substituted (1.4.2001) by 1999 c. 22, ss. 83, 108(1), Sch. 12 para. 13 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(i)

C20S. 1 applied (with modifications) (1.10.2000) by 2000 c. 21, ss. 134-136 (with s. 150); S.I. 2000/2559, art. 2(1), Sch. Pt. I

C21S. 1(2) extended (1.12.1998) by 1998 c. 38, s. 34(5); S.I. 1998/2789, art. 2

S. 1(2) extended (6.5.1999) by 1998 c. 46, s. 51(6) (with s. 126(3)-(11)); S.I 1998/3178, art. 2(2), Sch. 3

C22S. 1(3) extended (1.12.1998) by 1998 c. 38, s. 34(5); S.I. 1998/2789, art. 2

S. 1(3) extended (6.5.1999) by 1998 c. 46, s. 51(6) (with s. 126(3)-(11)); S.I. 1998/3178, art. 2(2), Sch. 3

Subordinate Legislation Made

P1S. 1: for previous exercises of this power see Index to Government Orders.

P2S. 1: s. 1(5) power exercised by S.I. 1991/1166.

2 Further provisions relating to schemes under s. 1

(1)A scheme under section 1 of this Act which makes provision with respect to the pensions, allowances or gratuities which are to be, or may be, paid to or in respect of a person to whom that section applies and who is incapacitated or dies as a result of an injury sustained, or disease contracted, in circumstances prescribed by the scheme may make the like provision in relation to any other person, being a person who is employed in a civil capacity for the purposes of Her Majesty’s Government in the United Kingdom, whether temporarily or permanently and whether for reward or not, or is a person holding office in that Government and who is incapacitated or dies as a result of an injury or disease so sustained or contracted.

(2)Any scheme under the said section 1 may make provision for the payment by the Minister of pensions, allowances or gratuities by way of compensation to or in respect of persons—

(a)to whom that section applies; and

(b)who suffer loss of office or employment, or loss or diminution of emoluments, in such circumstances, or by reason of the happening of such an event, as may be prescribed by the scheme.

[F1(3)No scheme under the said section 1 shall make any provision which would have the effect of reducing the amount of any pension, allowance or gratuity, in so far as that amount is directly or indirectly referable to rights which have accrued (whether by virtue of service rendered, contributions paid or any other thing done) before the coming into operation of the scheme, unless the persons consulted in accordance with section 1(3) of this Act have agreed to the inclusion of that provision.]

(4)Subject to subsection (3) above, any scheme under the said section 1, or any provision thereof, may be framed—

(a)so as to have effect as from a date earlier than the date on which the scheme is made; or

(b)so as to apply in relation to the pensions, allowances or gratuities paid or payable to or in respect of persons who, having been persons to whom the said section 1 applies, have died or ceased to be persons to whom that section applies before the scheme comes into operation; or

(c)so as to require or authorise the payment of pensions, allowances or gratuities to or in respect of such persons.

(5)Where an order has been made under section 1(7) of this Act, any scheme under that section may provide for the payment to the Minister out of the fund specified in the order of benefits or other sums paid by him in accordance with the scheme to or in respect of persons to whom that section applies by virtue of the order, together with any administrative expenses incurred in connection with the payment of those sums, and for the payment into that fund of contributions paid in accordance with the scheme by or in respect of those persons and of any transfer values received in respect of them.

(6)Any scheme under the said section 1 may provide for the determination by the Minister of questions arising under the scheme and may provide that the decision of the Minister on any such question shall be final.

(7)Where under any such scheme any question falls to be determined by the Minister, then, at any time before the question is determined, the Minister may (and if so directed by any of the Courts hereinafter mentioned shall) state in the form of a special case for determination by the High Court, the Court of Session or the Court of Appeal in Northern Ireland any question of law arising out of the question which falls to be determined by him.

(8)Where such a case is stated for determination by the High Court, an appeal to the Court of Appeal from the determination by the High Court shall lie only with the leave of the High Court or of the Court of Appeal; and where such a case is stated for determination by the Court of Session then, subject to any rules of court, the Minister shall be entitled to appear and be heard when the case is being considered by that Court.

(9)Any scheme under the said section 1 may amend or revoke any previous scheme made thereunder.

(10)Different schemes may be made under the said section 1 in relation to different classes of persons to whom that section applies, and in this section “the principal civil service pension scheme” means the principal scheme so made relating to persons serving in employment in the home civil service or the diplomatic service.

(11)Before a scheme made under the said section 1, being the principal civil service pension scheme or a scheme amending or revoking that scheme, comes into operation the Minister shall lay a copy of the scheme before Parliament.

(12)Notwithstanding any repeal made by this Act, the existing civil service superannuation provisions, that is to say, the enactments and instruments listed in Schedule 2 to this Act, shall, with the necessary adaptations and modifications, have effect as from the commencement of this Act as if they constituted a scheme made under the said section 1 in relation to the persons to whom that section applies, being the principal civil service pension scheme, and coming into operation on the said commencement and may be revoked or amended accordingly.

Annotations:

Amendments (Textual)

F1S. 2(3) substituted by Pensions (Miscellaneous Provisions) Act 1990 (c. 7, SIF 101A:3), s. 9

Modifications etc. (not altering text)

C1S. 2 modified (31.3.1995) by 1967 c. 13, s. 2, Sch. 1 (as substituted (31.3.1995) by 1993 c. 8, s. 25, Sch. 4 Pt. II para.2; S.I. 1995/631, art. 2)

C2S. 2 applied (S.) (5.1.1994) by 1993 c. 45, s. 1, Sch. 1 para. 4(2).

S. 2: functions transferred (1.4.1995) by 1995/269, art. 3, Sch. para. 6

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