Superannuation Act 1965

• " pension scheme " includes any form of arrangements for the payment of pensions, whether subsisting by virtue of Act of Parliament, trust, contract or otherwise ;

• " statutory provision " means a provision, whether of a general or special nature, contained in or in any document made or issued under any Act, whether of a general or special nature.

Temporary service with Imperial War Graves Commission before October 1934.

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• (1) Where at some time before 30th September 1934 a person entered the civil service, after having served in a temporary capacity with the Imperial War Graves Commission, his service in a temporary capacity with that Commission before that time, but not before 1st January 1919, may, subject to the provisions of this section, be reckoned for the purposes of this Act as employment in an unestablished capacity.

• (2) Where the said Commission paid a gratuity to a person to whom the foregoing subsection applies in respect of his service with the Commission, it shall be a condition of the making of any payment under this Act in respect of that person's service, so far as the amount of that payment is dependent on the provisions of that subsection, that there has been paid to the Exchequer a sum equal to the amount of the said gratuity.

• (3) The Treasury may, if they think fit, deduct any amount payable to them under the last foregoing subsection from any allowance or gratuity payable in respect of the person in question under section 3 or 4 of this Act, or any other lump sum payment so payable under this Act, and, where they do so, the person entitled to the lump sum payment shall not be entitled to require any other person to make any contribution towards the deduction borne by him.

Service in civil service preceded or followed by service in other public office or approved employment

Employment in more than one public office.

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• (1) The Minister for the Civil Service may make rules with respect to the superannuation benefits payable to or in respect of persons who have been employed in more than one public office.

• (2) Rules under this section may in particular in relation to such persons—

• (a) modify any enactments forming part of the law of the United Kingdom or any part thereof . . . which are for the time being in force and under which pensions are payable in respect of employment in a public office,

• (b) apply the provisions of the civil service scheme, with or without modifications, in substitution for any enactments forming part of the law of the United Kingdom or any part thereof . . ., notwithstanding that that scheme is not otherwise applicable in relation to any of those public offices,

• (c) make provisions as to the manner in which any pensions are to be defrayed, and in particular make provision for the payment of a transfer value by one pension authority to another, including the payment of a transfer value out of the Exchequer,

• (d) define the kinds of public offices which are to be treated for the purposes of the rules as different public offices,

and rules under this section may include such supplemental and incidental provisions as appear to the Minister for the Civil Service to be expedient.

• (3) Rules under this section may provide either for separate pensions under the respective enactments relating to the different employments or for a single pension under the enactments relating to the later or latest employment (or by virtue of subsection (2)(b) of this section under the civil service scheme or employ partly the one method and partly the other:

Provided that if the rules provide for separate pensions in relation to different public offices the rules shall not modify the civil service scheme or any other enactments so as to include as reckonable service in computing one of the separate pensions service in a public office in respect of which another of those separate pensions is payable.

• (4) Rules under this section may be so framed as to apply to persons ceasing to be employed in one public office and becoming employed in another notwithstanding that the cessation of the first employment or the commencement of the second employment was before the date of the making of the rules:

Provided that no rules shall be framed so as to apply when the cessation of the first employment took place before the making of the rules unless the rules are only to apply with the consent of the person ceasing to be employed, or that person is by the rules given an opportunity to elect that they shall not apply to him.

• (5) If the application of the rules in force under this section would put a particular individual in a position less advantageous than that in which he would have been if the rules did not apply in relation to him, they shall not be so applied.

(5A) References in this section to enactments shall be construed as including references to the civil service scheme, and in this section ”the civil service scheme’ means the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force.

• (6) In this section “pension”, in relation to any person, means a pension of any kind whatsoever payable to or in respect of him, and includes a lump sum or gratuity so payable.

Meaning of " public office " and supplementary provisions.

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• (1) In the last foregoing section references to employment in a public office shall be construed as references to employment of the following kinds, and “public office” shall be construed accordingly,—

• (1) Employment in the civil service (whether or not in an established capacity).

• (2) Employment in any other capacity remunerated out of moneys provided by Parliament or the Consolidated Fund or the Post Office Fund or the revenue of the Isle of Man, but not including employment in the armed forces of the Crown.

• (3) Subject to subsection (5) of this section, employment in the civil service of the Government of Northern Ireland (whether or not in an established capacity).

• (4) Subject to subsection (5) of this section, employment in any other capacity remunerated out of moneys provided by the Parliament of Northern Ireland or the Consolidated Fund of Northern Ireland.

• (5) Employment in the civil service of the government of any colony, or of any country or place outside Her Majesty’s dominions in which for the time being Her Majesty has jurisdiction, or of any territory consisting partly of one or more colonies and partly of one or more such countries or places.

• (6) Employment as an officer to whom the Overseas Service Act 1958 applies (if not employment within any of the other paragraphs in this subsection).

• (7) Employment which is remunerated out of any of the following funds, or out of the revenues of any of the following bodies—

• The Agricultural Research Council.

• The Church Commissioners.

• The Countryside Council for Wales.

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• The Development Fund.

• English Nature

• The Forestry Commissioners.

• . . .

• The funds of the Branches of the Royal Mint at Melbourne and Perth.

• The General Lighthouse Fund.

• The Greenwich Hospital Fund.

• The land revenues managed by the Crown Estate Commissioners.

• The Metropolitan Police Fund.

• . . .The Nature Conservancy Council for Scotland

• The Overseas Audit DepartmentScottish Natural Heritage.

• (2) The Minister for the Civil Service may by order—

• (a) designate any employment as employment in a public office for the purposes of this section, and

• (b) add to, amend or repeal any of the provisions of subsection (1) of this section,

and an order under this subsection—

• (i) may include transitional and other supplemental provisions, and

• (ii) may vary or revoke a previous order made under this subsection.

• (3) The last foregoing section and this section shall have effect subject to the transitional provisions in paragraphs 10 and 11 of Schedule 10 to this Act.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Rules in force under the last foregoing section shall not apply in relation to any person if the only public offices in which he has been employed have been employments in a capacity remunerated out of moneys provided by the Parliament of Northern Ireland or the Consolidated Fund of Northern Ireland.

• (6) Nothing in this or the last foregoing section shall authorise any department of the Government of Northern Ireland to incur any expenses attributable to the provisions of those sections until provision has been made by the Parliament of Northern Ireland for those expenses to be defrayed out of moneys provided by that Parliament.

Power to grant allowances to civil servants transferred to approved employment.

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• (1) Where any person who, on ceasing to be a civil servant, was transferred to approved employment with the consent of the head officer of his department, retires from that employment under conditions which would have entitled him to any superannuation allowance, additional allowance or gratuity had he continued to be employed as a civil servant, and to be so employed in service in the United Kingdom, then, if the head officer of the department in which he was serving at the date of the transfer makes a recommendation to that effect, the Treasury may grant to him such superannuation allowance, additional allowance or gratuity as might have been granted to him if, at the date of the transfer, he had retired from the civil service on the ground of ill-health.

In this section " approved employment " means employment, whether within or without Her Majesty's dominions (not being employment in a public office within the meaning of section 38 of this Act service in which qualifies for the grant of a superannuation allowance), which is recognised by the head officer of the department in which the civil servant was serving at the date of the transfer, and by the Treasury, as being employment to which it is expedient that the provisions of this subsection should apply.

• (2) Where any person who, on ceasing to be a civil servant, was transferred to approved employment with the consent of the head officer of his department, retires from that employment on the ground of age before attaining the age of sixty years and is, on such retirement, qualified for, or entitled to, the benefits of any system of superannuation applicable to the approved employment, the Treasury may either—

• (a) grant to him on his attaining the age of sixty years, such superannuation allowance, additional allowance or gratuity as might be granted to him under subsection (1) of this section, or

• (b) grant to him, within six months after the date of his retirement from the approved employment (if requested by him to do so) such superannuation allowance, additional allowance or gratuity as the Treasury consider to be actuarially equivalent, at the said date, to the superannuation allowance, additional allowance or gratuity, as the case may be, which might be granted to him under the said subsection (1).

• (3) The foregoing provisions of this section shall apply to a person who, after being transferred from the civil service to approved employment, is with the consent of the Treasury transferred to one or more subsequent employments recognised by the Treasury as being employments to which it is expedient that the provisions of subsection (1) of this section should apply, subject to the following adaptations, that is to say—

• (a) references to retirement from the approved employment, and to a system of superannuation applicable to the approved employment, shall be construed respectively as references to retirement from the latest employment recognised as aforesaid and to a system of superannuation applicable to that employment, and

• (b) any reference in subsection (1) of this section to the transfer shall be construed as a reference to the transfer from employment as a civil servant.

Power to grant death gratuity in respect of civil servants transferred to approved employment.

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• (1) Where any person who, on ceasing to be a civil servant, was transferred to approved employment with the consent of the head officer of his department dies while in that employment, the Treasury may grant to his personal representatives such gratuity, if any, as might have been granted to them if he had died on the day before the day of the transfer, after deducting therefrom the total amount of any sums paid or payable, under any system of superannuation applicable to the approved employment, in respect of his death.

• (2) Where any person who, after having served as a civil servant for not less than five years, was transferred to approved employment with the consent of the head officer of his department, dies after retiring from that employment in circumstances which qualified him for the grant of a superannuation allowance and an additional allowance under the last foregoing section, then if—

• (a) no provision is made, under any system of superannuation applicable to the approved employment, for the grant of pensions to widows or dependants of persons who die after retiring from that employment, and

• (b) the sums paid or payable to him at the time of his death on account of the said superannuation allowance and additional allowance, together with any sums paid or payable to him, his personal representatives and his widow or dependants under such a system of superannuation, are less than the annual amount of salary and emoluments upon which the said superannuation allowance and additional allowance have been computed,

the Treasury may grant to his personal representatives a gratuity equal to the difference.

• (3) The foregoing provisions of this section shall apply to any person who, after being transferred from the civil service to approved employment, is with the consent of the Treasury transferred to one or more subsequent employments recognised by the Treasury as being employments to which it is expedient that section 40(1) of this Act should apply, subject to the following adaptations, that is to say,—

• (a) references to dying while in the approved employment, and to a system of superannuation applicable to the approved employment, shall be construed respectively as references to dying while in the latest employment recognised as aforesaid and to a system of superannuation applicable to that employment, and

• (b) the reference in subsection (1) of this section to the transfer shall be construed as a reference to the transfer from employment as a civil servant.

• (4) The foregoing provisions of this section shall not apply in relation to any person who was transferred to approved employment before 27th June 1935.

• (5) In this section " approved employment " has the same meaning as in the last foregoing section.

Application of certain provisions of Act to persons employed in public office, etc. or approved employment.

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• (1) The provisions of the principal civil service scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force shall, in relation to persons who, whether before or after they are civil servants, serve in a public office (not in the civil service) within the meaning of section 38 of this Act, or as members of a police force within the meaning of the Police Pensions Act 1976, or in service by virtue of which they are deemed for the purposes of that Act to be members of such a force, or who, having been civil servants, become Governors within the meaning of the Governors’ Pensions Act 1957, have effect subject to such adaptations and modifications as may be prescribed by rules made by the Treasury; and where rules are made under this subsection, they may contain provisions modifying, in relation to the persons affected by the rules, any other enactment relating to the pensions and other benefits payable to or in respect of them.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Allocation of part of superannuation benefits to dependants and spouses.

Allocation of part of superannuation benefits to dependants.

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• (1) The Treasury may make rules for securing that, in such circumstances and subject to such conditions as to proof of good health and other matters as may be specified in the rules, a retiring officer, that is to say, a person of such a class as may be so specified to whom any superannuation allowance or any annual compensation or retiring allowance is granted under this Act, otherwise than on retirement (from the civil service or other employment) on the ground of ill-health, shall be allowed to surrender, as from the beginning of the period in respect of which the allowance is paid, in return for the benefits of the rules such part, not exceeding one-third, of any superannuation allowance or any annual compensation or retiring allowance which the Treasury may grant to him under this Act, as may be specified in the rules, and for enabling the Treasury to grant either to the wife or husband, as the case may be, or to a dependant, of the retiring officer a pension of such value as, according to tables to be prepaid from time to time by the Government Actuary, is actuarially equivalent, at the said date, to the value of that part of the allowance which is

Rules under this section may define classes of persons for the purposes of the section by reference to the age which they have attained at a specified date.

• (2) Any such pension as aforesaid for the benefit of a dependant (not being the spouse) of a retiring officer shall be payable in respect of the period, if any, for which the dependant survives the retiring officer, and any such pension as aforesaid for the benefit of the spouse of a retiring officer shall, according as the retiring officer may, in conformity with the rules under this section, elect, be payable either—

• (a) in respect of the period, if any, for which the spouse survives the retiring officer, or

• (b) in respect both of the period of their joint lives after the beginning of the period in respect of which the allowance granted to the retiring officer is paid and of the period, if any, for which the spouse survives the retiring officer;

and the rules may provide that a pension payable thereunder in respect of the periods mentioned in paragraph (b) of this subsection shall be paid at one rate in respect of the first of those periods and at a higher rate in respect of the second.

• (3) For the purposes of the references in subsections (1) and (2) of this section to the beginning of the period in respect of which an allowance is paid, any suspension of a pension under section 12 of this Act shall be disregarded.

• (4) If any person has, in accordance with rules under this section, surrendered part of a superannuation allowance, then, for the purpose of calculating the amount of any gratuity which may be granted to his personal representatives under section 4(2) of this Act, the sums paid or payable to him at the time of his death on account of such superannuation allowance shall be deemed to be the sums which would have been so paid or payable but for the surrender; and if any person has, in accordance with rules under this section, surrendered part of a superannuation or compensation allowance, then, for the purpose of determining whether any, and if so, what, amount may be paid to him under section 12 of this Act by way of such allowance in respect of any period during which, after retiring, he is employed in a public department, the profits of the office from which he retired shall be treated as reduced by the amount surrendered by him as aforesaid.

Power of certain retired civil servants to allocate part of their superannuation benefits to their spouses.

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• (1) The Treasury may make rules for securing that, in such circumstances and subject to such conditions as to proof of good health and other matters as may be specified in the rules, a retired civil servant under seventy years of age who has married since his retirement shall be allowed to surrender, as from the date of his marriage, in return for the benefits of the rules, such part of any superannuation allowance or any annual compensation or retiring allowance granted or to be granted to him as may be specified in the rules and for enabling the Treasury to grant to his spouse a pension of such value as, according to tables prepared from time to time by the Government Actuary, is actuarially equivalent, at the said date, to the value of that part of the superannuation, compensation or retiring allowance which is surrendered:

Provided that the part of any allowance surrendered by a person under this section, together with any part thereof surrendered under the last foregoing section, shall not exceed one-third of the allowance.

• (2) This section shall not apply where the retirement of the civil servant was on the ground of ill-health.

• (3) Subsections (2) and (4) of the last foregoing section, so far as they apply to surrenders made for the benefit of spouses and pensions granted to spouses, shall apply also to surrenders under this section and pensions granted by virtue thereof, but as if any references to the beginning of the period in respect of which an allowance granted to a retiring officer is paid and to the date of retirement were references to the date of the marriage.

PART II — Special Provisions Applicable to Certain Members of the Diplomatic Service with Respect to Superannuation Benefits

Termination of service of certain members of the diplomatic service before retiring age.

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• (1) Section 10 of this Act shall not apply to a civil servant who is, or to a person who, when he was last a civil servant, was, a member of Her Majesty's diplomatic service.

• (2) If—

• (a) the employment in Her Majesty's diplomatic service of a member thereof is terminated before the retiring age, and

• (b) the Secretary of State certifies that the termination of his employment is desirable in the public interest, having regard to his qualifications and the conditions existing in the service,

then, subject to subsection (3) of this section, a superannuation allowance and an additional allowance of the amount hereinafter provided may be granted to him notwithstanding section 1(1)(b) of this Act:

Provided that nothing in this section shall alter so much of the said section 1 as requires a service of ten years before a superannuation allowance can be granted.

• (3) If the member of the diplomatic service whose employment is terminated is not an officer of any of the grades 1 to 8 and, at the termination of his employment, he was offered comparable employment as a civil servant in the United Kingdom, and not in the diplomatic service, then, unless the Treasury otherwise determine on compassionate grounds, no superannuation allowance or additional allowance shall be granted to him by virtue of this section before he attains the age which would have been the retiring age for him if he had continued to serve as a civil servant, and had so continued in service in the United Kingdom.

• (4) Where a person who would have been eligible for the grant of a superannuation allowance but for the operation of the last foregoing subsection dies without any such allowance being granted to him, the Treasury may grant to his personal representatives such gratuity, if any, as might have been granted to them if he had died on the last day on which he was employed as a civil servant.

• (5) The amount of any superannuation allowance or additional allowance granted by virtue of this section shall be such amount as could have been granted to the member in question by way of that allowance under this Act apart from section 1(1)(b) thereof, together with such additional amount, if any, by way of special increase as may appear to the Treasury on the recommendation of the Secretary of State to be reasonable having regard to all the circumstances subject, however, to the following provisions of this section.

• (6) Any such special increase added to the superannuation allowance or additional allowance—

• (a) shall not be such as to bring the amount of that allowance up to an amount higher than that which could have been granted apart from any such increase if at the date of the termination of the employment of the member in question he had completed such reckonable service not exceeding forty years as he would have completed if he had continued in reckonable service in the same employment until he attained the age of sixty years ; and

• (b) shall not exceed whichever is the higher of the following sums, that is to say,—

• (i) a sum equal, in the case of the superannuation allowance, to one-twelfth or, in the case of the additional allowance, to three-twelfths of the amount of the salary and emoluments on which the superannuation allowance falls to be computed ;

• (ii) such sum as may be required to make that allowance equal, in the case of the superannuation allowance, to three-twelfths or, in the case of the additional allowance, to nine-twelfths of the salary and emoluments aforesaid:

Provided that, for the purposes of any special increase added to the additional allowance granted to a person to whom immediately before the commencement of this Act section 4 of the Superannuation Act 1935 did not apply, other than a person to whom Part III of this Act becomes applicable or a person who duly makes a nomination within the meaning of Part IV of this Act, paragraph (a) of this subsection shall have effect as if for the reference therein to forty years there were substituted a reference to forty-five years.

• (7) If no special increase in respect of an additional allowance is payable to a person under subsection (5) of this section because that person is not eligible for an additional allowance, subsection (6)(b) of this section shall have effect, in relation to that person, as if in sub-paragraph (i) for the words " one-twelfth " there were substituted the words " one-tenth " and in sub-paragraph (ii) for the words " three-twelfths " there were substituted the words " three-tenths ".

• (8) Where in consequence of the grant to any person by virtue of this section of a superannuation allowance a pension may fall to be granted under Part III of this Act, to the widow, or under Part IV thereof, to a dependant, of that person and a special increase is added to that allowance, any amount which apart from this subsection would have been added to the additional allowance by way of special increase shall be abated—

• (a) where such a pension to that person's widow may fall to be granted by one-third, and

• (b) in respect of each nomination by that person under the said Part IV, by an amount equal to four-fifteenths of the appropriate percentage of the amount of the increase apart from this subsection.

• (9) In this section " the appropriate percentage ", in relation to any nomination under Part IV of this Act, means the percentage determined in accordance with section 66(4) of this Act to be the appropriate percentage for the purpose of a contribution in respect of that nomination under section 69 thereof.

Superannuation benefits in cases of voluntary retirement from diplomatic service before attaining age of 50.

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• (1) If the employment of a member of Her Majesty's diplomatic service who has not attained the age of fifty years is terminated at his request, and when his employment is so terminated—

• (a) his reckonable service is not less than twenty years, and

• (b) his actual service as a civil servant in countries or places outside the United Kingdom is not less than eight years,

the same superannuation allowance and additional allowance, if any, may be granted to him as might have been granted to him if he had retired on a medical certificate:

Provided that, unless the Treasury otherwise determine on compassionate grounds, no such allowance shall be granted to a person by virtue of this subsection before he attains the age which would have been the retiring age for him if he had continued to serve as a civil servant but had so continued in service in the United Kingdom.

• (2) Where a person who would have been eligible for the grant of a superannuation allowance but for the operation of the proviso to the foregoing subsection dies without any such allowance being granted to him, the Treasury may grant to his personal representatives such gratuity, if any, as might have been granted to them if he had died on the last day on which he was employed as a civil servant.

• (3) For the purposes of subsection (1)(b) of this section—

• (a) service in an unestablished capacity in the civil service in countries or places outside the United Kingdom which could be taken into account in computing the amount of any superannuation allowance shall be taken into account as if it were service as a civil servant,

• (b) the Treasury may disregard all or any part of the service of a person who was residing outside the United Kingdom when he first entered the civil service,

• (c) the provisions of sections 24 and 25(2) of this Act shall be disregarded, and

• (d) subject to paragraph (a) of this subsection, service which, though deemed for pension purposes to be service as a civil servant, is not actual service as a civil servant shall be disregarded.

Voluntary retirement from Secretarial Branch of diplomatic service after attaining age of 35.

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• (1) If the employment of a member of the Secretarial Branch of Her Majesty's diplomatic service who has attained the age of thirty-five years is terminated at his request, and that person is not eligible for a superannuation allowance or additional allowance, the Treasury may, subject to the following provisions of this section, grant a gratuity to him under this section.

• (2) Unless the Treasury otherwise determine on compassionate grounds, no gratuity shall be granted under this section to a person who was, at his retirement, offered a transfer to comparable employment as a civil servant in the United Kingdom, and not in the diplomatic service.

• (3) The Treasury may by rules under this section—

• (a) prescribe the amount of the gratuity payable under this section, and provide for that amount to be different in different circumstances,

• (b) impose conditions to be satisfied before a gratuity is payable under this section.

References to grades of diplomatic service may be modified, etc.

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• (1) If there is any re-organisation of the grades of Her Majesty's diplomatic service, the Secretary of State may by order make such modifications of references in the foregoing provisions of this Part of this Act to those grades (including the references in section 47 of this Act to the Secretarial Branch) as appear to him expedient having regard to the nature of the re-organisation; and if any question arises whether a person at any time was a member of Her Majesty's diplomatic service, or of the Secretarial Branch or of any other grade or grades, that question shall be determined by the Secretary of State, and his decision shall be final.

• (2) If any question arises under section 45 or section 47 of this Act whether a person has at his retirement been offered a transfer to comparable employment in the United Kingdom that question shall be determined by the Treasury after consultation with the Secretary of State, and the decision of the Treasury thereon shall be final.

PART III — Pensions to Widows, Children, Etc

Pensions under Part III.

Power to grant widows' and children's pensions.

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Subject to the provisions of this Act, the Treasury may, on the death of a male person to whom this Part of this Act applies (hereafter in this Part of this Act referred to as " the deceased "), grant, in respect of his service—

• (a) where he leaves a widow, a pension to that widow (here after in this Part of this Act referred to as a " widow's pension "); and

• (b) where he had a wife at any time after this Part of this Act first applied to him (whether or not the marriage continued until his death and whether or not a widow's pension is or can be granted), a pension for the benefit of the children of the marriage, and, in certain circumstances, of other children of his or hers (hereafter in this Part of this Act referred to as a " children's pension "):

Pensions under Part III to depend on deceased's superannuation allowance.

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• (1) A pension shall not be granted under this Part of this Act unless—

• (a) the deceased had become eligible for the grant of a superannuation allowance (whether such an allowance had actually been granted or not); or

• (b) the deceased was still serving as a civil servant at the time of his death and would, if he had then retired on a medical certificate, have been eligible for the grant of a superannuation allowance ; or

• (c) the deceased had ceased to be a civil servant in such circumstances that, on attaining a particular age, he would or might have become eligible for a superannuation allowance by virtue of section 7(1) of this Act.

• (2) In this Part of this Act, the expression " the rate of the superannuation allowance of the deceased " means the annual rate of the superannuation allowance mentioned in subsection (1) of this section for which the deceased had become eligible (whether such an allowance at that or any other rate had actually been granted or not), or, as the case may be, for which he would or might have become eligible, any abatements falling to be made under regulations made under section 110(1) of the National Insurance Act 1965 being left out of account.

Widows' pensions.

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• (1) A widow's pension shall not be granted if—

• (a) the widow was at the time of the death cohabiting with a person other than the deceased ; or

• (b) after the death the widow remarries or cohabits with any person;

and if, after the grant of a widow's pension, the widow remarries or cohabits with any person, the pension shall cease as from the date of the remarriage or the commencement of the cohabitation:

Provided that where—

• (i) a pension is withheld or ceases under this section ; and

• (ii) the Treasury are satisfied at a subsequent date that the marriage or cohabitation has come to an end or that there are compassionate grounds for the payment of pension notwithstanding the marriage,

the Treasury may, if they think fit, grant or regrant the pension as from that date.

• (2) Subject to the provisions of subsection (1) of this section, a widow's pension may be paid in respect of the whole period from the death of the deceased to the death of the widow.

• (3) The annual rate of a widow's pension may amount to one-third of the rate of the superannuation allowance of the deceased or to £26 per annum, whichever is the higher.

Children's pensions: beneficiaries.

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• (1) A children's pension may be granted if, and be paid so long as and whenever, there are persons for whose benefit it can enure.

• (2) Subject to the provisions of this section and to the provisions of Schedule 5 to this Act, the persons for whose benefit a children's pension can enure are the children of the deceased or of any wife of his who are for the time being in their period of childhood and full-time education.

• (3) A children's pension cannot enure for the benefit of any person conceived after the deceased ceased to be a civil servant.

• (4) A children's pension cannot enure for the benefit of any person by reason that he is the illegitimate or adopted child of the deceased, if he was born, or, as the case may be, adopted, after the termination of the deceased's last marriage or after the deceased had ceased to be a civil servant:

Provided that if the Treasury are satisfied that the child was before the termination of the deceased's last marriage, or, as the case may be, before the deceased had ceased to be a civil servant, wholly or mainly dependent on the deceased and that the deceased had already formed the intention of adopting the child, the Treasury may direct that the foregoing provision shall not apply to the child.

• (5) A children's pension cannot enure for the benefit of any person by reason that he is the child of a wife of the deceased, if he was born or became her "child after the termination of the marriage or after the deceased had ceased to be a civil servant:

Provided that if the Treasury are satisfied that the child was before the termination of the marriage, or, as the case may be, before the deceased had ceased to be a civil servant, wholly or mainly dependent on the deceased, that the wife and the deceased had together formed the intention of adopting the child, and that, but for the deceased's death, the deceased would have adopted the child, the Treasury may direct that the foregoing provision shall not apply to the child.

• (6) A children's pension cannot enure for the benefit of any person by reason that—

• (a) he is the illegitimate child of the deceased ; or

• (b) he is a stepchild of the deceased and a child of a wife of his; or

• (c) he is the stepchild, adopted child or illegitimate child of a wife of the deceased,

unless he was wholly or mainly dependent on the deceased at the time of his death.

• (7) A children's pension cannot enure for the benefit of a female person who at the time of the death of the deceased was married or was cohabiting with any person, and if, after the death of the deceased, a female person marries or cohabits with any person, she shall thereupon cease to be a person for whose benefit a children's pension can enure:

Provided that where—

• (a) a pension is withheld from or does not enure for the benefit of a person by virtue of this subsection; and

• (b) the Treasury are satisfied at a subsequent date that the marriage or cohabitation has come to an end or that there are compassionate grounds for permitting the pension to enure for her benefit notwithstanding the marriage,

the Treasury may, if they think fit, grant the pension, or, as the case may be, permit the pension to enure for her benefit, as from that date.

• (8) A children's pension cannot enure for the benefit of a person who is the subject of a nomination made by the deceased under Part IV of this Act which is still in force.

Children's pensions: rate and mode of payment.

53

• (1) Only one children's pension shall be granted in respect of the service of any one person, but—

• (a) the rate thereof may vary according to the number of persons for whose benefit it can for the time being enure; and

• (b) it shall be paid to such person or persons as the Treasury may from time to time direct, and different parts thereof may be directed to be paid to different persons ; and

• (c) the person to whom all or any part thereof is paid shall apply the sum paid to him, without distinction, for the benefit of all the persons for whose benefit the pension can for the time being enure or for the benefit of such of them as the Treasury may from time to time direct.

• (2) Where the deceased leaves no widow, and, if he leaves a widow, after her death, the annual rate of a children's pension—

• (a) while the persons for whose benefit it can enure are three or more in number, may amount to one-third of the rate of the superannuation allowance of the deceased or to £26 per annum, whichever is the higher;

• (b) while the said persons are two in number, may amount to one-quarter of the rate of the superannuation allowance of the deceased, or to £19 and 10s. per annum, whichever is the higher;

• (c) while there is only one such person, may amount to one sixth of the rate of the superannuation allowance of the deceased or to £13 per annum, whichever is the higher.

• (3) Subject to the provisions of the next following subsection, where the deceased leaves a widow, the annual rate of a children's pension during her life—

• (a) while the persons for whose benefit it can enure are four or more in number, may amount to one-third of the rate of the superannuation allowance of the deceased or to £26 per annum, whichever is the higher;

• (b) while the said persons are three in number, may amount to one-quarter of the rate of the superannuation allowance of the deceased, or to £19 and 10s. per annum, whichever is the higher;

• (c) while the said persons are two in number, may amount to one-sixth of the rate of the superannuation allowance of the deceased, or to £13 per annum, whichever is the higher;

• (d) while there is only one such person, may amount to one-twelfth of the rate of the superannuation allowance of the deceased or to £6 and 10s. per annum, whichever is the higher:

Provided that—

• (i) where all the persons for whose benefit a children's pension can enure were at the time of the death of the deceased in the care of some person other than the widow, the Treasury may, if they think fit, direct that subsection (2) of this section shall apply notwithstanding that the widow is still alive ; and

• (ii) where some but not all of those persons were at that time in the care of some person other than the widow, the annual rate of the children's pension may, if the Treasury think fit, amount to the sum of the rate to which it might have amounted if those persons were left out of account and the rate to which it might have amounted if the widow were dead and the other persons were left out of account, so, however, that in no case shall the annual rate of the pension amount to more than either one-third of the rate of the superannuation allowance of the deceased or £26 per annum, whichever is the higher.

• (4) Notwithstanding anything in the foregoing provisions of this section, where the deceased leaves a widow and no widow's pension is granted to her or, if one is granted to her, it ceases to be paid before her death, no children's pension shall be payable as respects any period comprised within the life-time of the widow or within the time in respect of which no widow's pension is payable, as the case may be, unless the Treasury specially direct that such a pension shall be so payable, but, if the Treasury do specially so direct, they may, if they think fit, further direct that subsection (2) of this section shall apply as respects any such period notwithstanding that the widow is alive.

Contributions under Part III.

Duty to pay contributions under Part III.

54

The provisions of the three next following sections shall have effect for the purpose of securing that part of the cost of the pensions payable under this Part of this Act is borne by contributions by persons to whom this Part of this Act applies.

Periodical contributions under Part III.

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• (1) At the time when this Part of this Act first applies to a person or within six months thereafter, he shall elect whether or not to make contributions under this section.

• (2) Where a person who has no wife when this Part of this Act first applies to him marries or first marries thereafter, he shall, unless he has previously elected under subsection (1) of this section to make contributions under this section, again elect, at the time of his marriage or within six months thereafter, whether or not to make such contributions.

• (3) Contributions by a person under this section—

• (a) shall be equal to one and a quarter per cent. of the amount of the salary from time to time payable to him, exclusive of allowances and payments for overtime;

• (b) shall be payable in respect of his salary from the date as from which his election to pay the contributions becomes effective until he ceases to be a civil servant; and

• (c) shall be paid at such times and in such manner as the Treasury may determine.

An election by a person under subsection (1) of this section shall be effective as from the date when this Part of this Act first applies to him and an election by a person under subsection (2) of this section shall be effective as from the date when he marries or first marries thereafter.

• (4) Contributions under this section are hereafter in this Part of this Act referred to as " periodical contributions ".

Return of periodical contributions under Part III.

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• (1) If—

• (a) when a person who had made periodical contributions ceases to be a civil servant, it appears that he has had no wife throughout the period for which this Part of this Act applied to him ; or

• (b) a person who has made periodical contributions ceases to be a civil servant under such circumstances that he is not eligible for the grant of a superannuation allowance and will not become eligible therefor on attaining a particular age,

the whole of his periodical contributions may be returned to him.

• (2) In any other case where a person ceases to be a civil servant after making periodical contributions, there may be returned to him such of those contributions, if any, beginning with the last of them, as is necessary in order to secure that the period in respect of which such contributions are paid by him without being returned—

• (a) is an exact number of years ; and

• (b) does not extend beyond the date on which his reckonable service amounted to forty years ; and

• (c) if he has no wife when he ceases to be a civil servant, does not extend beyond the date on which he last had a wife.

• (3) Where any contributions are returned under this section, they may be returned with compound interest at such rate or rates as the Treasury may from time to time determine.

Contribution under Part III by reduction in additional allowances and death gratuities.

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• (1) Subject to the provisions of this section, where an additional allowance or a gratuity under section 4 of this Act becomes payable to or in respect of a person to whom this Part of this Act applies, a contribution under this section shall be made in respect of him, taking the form of a reduction in the amount of the allowance or gratuity.

• (2) A contribution shall not be made under this section where the civil servant has no wife when he ceases to be a civil servant and has had no wife throughout the period for which this Part of this Act applied to him, or where the number of relevant years, as defined in subsection (4) of this section, is nil.

• (3) Where subsection (2) of this section does not apply, the contribution shall be equal to one-eightieth of the average annual amount of the salary and emoluments of the civil servant's office during the last three years of his service, multiplied by the number of relevant years as defined in subsection (4) of this section.

• (4) In this section " the number of relevant years " means—

• (a) if the civil servant has a wife when he ceases to be a civil servant, the number of completed years of reckonable service which he then has;

• (b) if the civil servant has no wife when he ceases to be a civil servant, the number of completed years of reckonable service which he had when he last had a wife before that date,

reduced, in each case, by the number of years, if any, for which periodical contributions have been made by him and are not returnable.

• (5) Service after forty years of reckonable service shall be left out of account for the purposes of this section.

• (6) Any reduction effected or to be effected under this section in the amount of any additional allowance shall be left out of account for the purposes of section 4(2) of this Act and, accordingly, the question whether any and if so what gratuity may be granted under that subsection shall be determined as if no such reduction as aforesaid had been or had to be made.

Application of Part III.

Application of Part III to male civil servants.

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• (1) Subject to the provisions of this section, this Part of this Act shall apply to all male persons who were civil servants on 14th July 1949 or who thereafter became or become civil servants.

• (2) This Part of this Act shall not apply to a person to whom, by virtue of any election made under any provision of section 10 of the Superannuation Act 1949, Part I of that Act did not at the commencement of this Act apply and was deemed never to have applied, unless he gives notice under subsection (5) of this section cancelling that election.

• (3) A male person who was a civil servant on 14th July 1949 and who had then no wife and did not marry or first marry after that date and before the commencement of this Act may, within the six months next following the date on which he marries or first marries after the said commencement, elect that this Part of this Act shall not apply and shall be deemed never to have applied to him:

Provided that a person shall not make an election under this subsection if he has already elected to make periodical contributions.

• (4) Where—

• (a) a person who was on 14th July 1949 employed in an unestablished capacity or part-time service becomes a civil servant after the commencement of this Act, and

• (b) any of his service in that employment is reckonable service, whether as to the whole or any part thereof,

that person may—

• (i) within six months after the date when he becomes a civil servant, if he has then a wife, or

• (ii) within six months after the date on which he marries or first marries after the date when he becomes a civil servant, if at the latter date he has no wife,

elect that this Part of this Act shall not apply and shall be deemed never to have applied to him:

Provided that a person shall not make an election under paragraph (ii) of this subsection if he has already elected to make periodical contributions.

• (5) Where—

• (a) a person has elected under section 10 of the Superannuation Act 1949 that Part I of that Act shall not apply and shall be deemed never to have applied to him or has elected under this section that this Part of this Act shall not apply and shall be deemed never to have applied to him, and

• (b) his marriage comes to an end, and

• (c) he again marries,

he may, before the expiration of six months from the date of the marriage referred to in paragraph (c) of this subsection, give a notice cancelling that election.

Application of Part III with modifications to women.

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• (1) A woman civil servant who has a husband may, on proof to the satisfaction of the Treasury that her husband is wholly or mainly dependent on her, elect that this Part of this Act shall apply to her.

• (2) Where this Part of this Act applies to a woman by reason of an election under this section, all the provisions of this Part of this Act shall apply in relation to her as if references therein to a male person who is or was a civil servant included references to her, and as if any reference to the wife or widow of such a person included a reference to her husband or her widower:

Provided that—

• (a) where she leaves a widower, the Treasury may, if they think fit, direct that section 53(2) of this Act shall apply to any children's pension payable in respect of her service to the exclusion of section 53(3) thereof, notwithstanding that some or all of the persons for whose benefit the pension can enure were not at the time of her death in the care of some person other than the widower ; and

• (b) if her husband dies and she remarries, the subsequent marriage and the children thereof shall be left out of account for all the purposes of this Part of this Act unless she proves to the satisfaction of the Treasury, at some time while she is still a civil servant, that her husband by that marriage is wholly or mainly dependent on her.

Miscellaneous.

Modification of Part III in relation to person to whom s. 6 or 13 applies.

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The provisions of this Part of this Act shall, in relation to persons to whom section 6 of this Act applies, have effect subject to the provisions of Part I of Schedule 6 to this Act, and the provisions of this Part of this Act shall, in relation to persons to whom section 13 of this Act applies, have effect subject to the provisions of Part II of that Schedule.

Saving for allocations under s. 43.

61

The fact that this Part of this Act applies to a person shall not affect his rights under section 43 of this Act, and the pensions payable under this Part of this Act in respect of the service of a person shall be calculated as if any surrender under that section of a part of a superannuation allowance had not been made.

PART IV — Dependants' Pensions

Pensions under Part IV.

Power to grant pensions to nominated dependants of civil servants.

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• (1) Subject to the provisions of this Part of this Act, a person who is a civil servant may, at any time before he ceases to be a civil servant, nominate another person who satisfies the conditions in that behalf specified in this Part of this Act as to relationship, dependence and otherwise, as a person to whom or for whose benefit a pension may be granted under this Part of this Act after the nominator's death, and, subject as aforesaid, the Treasury may, after the death of the nominator and if the nomination is still in force, grant a pension accordingly to or for the benefit of the person nominated.

• (2) Pensions under this Part of this Act shall be either—

• (a) pensions which may continue for the life of the grantee (in this Part of this Act referred to as " life pensions "); or

• (b) pensions which (subject to the provisions of Schedule 5 to this Act) may be paid only while the persons for whose benefit they are granted are still in their period of childhood and full-time education (in this Part of this Act referred to as " pensions of limited duration ").

• (3) In this Part of this Act, " nomination " means such a nomination as is referred to in subsection (1) of this section, and " nominate ", " nominator " and " nominee " shall be construed accordingly :

Provided that, except where the context otherwise requires, " nominee" does not include a nominee under a nomination which has ceased to be in force.

Pensions under Part IV to depend on nominator's superannuation allowance.

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• (1) A pension shall not be granted under this Part of this Act unless—

• (a) the nominator had become eligible for the grant of a superannuation allowance (whether such an allowance had actually been granted or not); or

• (b) the nominator was still serving as a civil servant at the time of his death and would, if he had then retired on a medical certificate, have been eligible for the grant of a superannuation allowance ; or

• (c) the nominator had ceased to be a civil servant in such circumstances that, on attaining a particular age, he would or might have become eligible for a superannuation allowance by virtue of section 7(1) of this Act.

• (2) In this Part of this Act " the rate of the superannuation allowance of the nominator" means the annual rate of the superannuation allowance mentioned in subsection (1) of this section for which the nominator had become eligible (whether such an allowance at that or any other rate had actually been granted or not) or, as the case may be, for which he would or might have become eligible, any abatements falling to be made under regulations made under section 110(1) of the National Insurance Act 1965 being left out of account.

Life pensions.

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• (1) A life pension may be granted to a nominee who was nominated after the end of his period of childhood and full-time education.

• (2) A life pension may be paid in respect of the whole period from the death of the nominator until the death of the nominee.

• (3) Notwithstanding anything in the foregoing provisions of this section, a life pension shall not be granted to a female nominee if either—

• (a) at the time of the death of the nominator, she is married ; or

• (b) at or after the time of the death of the nominator, she cohabits with any person,

and if, after the granting of a life pension to a female nominee, she marries or cohabits with any person, the pension shall cease as from the date of the marriage or the commencement of the cohabitation:

Provided that where—

• (i) a pension is withheld or ceases under this section ; and

• (ii) the Treasury are satisfied at a subsequent date that the marriage or cohabitation has come to an end or that there are compassionate grounds for the payment of pension notwithstanding the marriage,

the Treasury may, if they think fit, grant or regrant the pension as from that date.

• (4) The annual rate of a life pension may amount to one-third of the rate of the superannuation allowance of the nominator or to £26 per annum, whichever is the higher.

Pensions of limited duration.

65

• (1) A pension of limited duration may be granted if, and be paid so long as and whenever, there are nominees for whose benefit it can enure, and, subject to the provisions of this section and to the provisions of Schedule 5 to this Act, the nominees for whose benefit such a pension can enure are nominees who are for the time being in their period of childhood and full-time education.

• (2) Only one pension of limited duration shall be granted in respect of the nominations of any one person but—

• (a) the rate thereof may vary according to the number of persons for whose benefit it can for the time being enure; and

• (b) it shall be paid to such person or persons as the Treasury may from time to time direct, and different parts thereof may be directed to be paid to different persons; and

• (c) the person to whom all or any part thereof is paid shall apply the sum paid to him, without distinction, for the benefit of all the persons for whose benefit the pension can for the time being enure or for the benefit of such of them as the Treasury may from time to time direct.

• (3) The annual rate of a pension of limited duration—

• (a) while the persons for whose benefit it can enure are three or more in number, may amount to one-third of the rate of the superannuation allowance of the nominator or to £26 per annum, whichever is the higher;

• (b) while the said persons are two in number, may amount to one-quarter of the rate of the superannuation allowance of the nominator, or to £19 and 10s. per annum, whichever is the higher;

• (c) while there is only one such person, may amount to one-sixth of the rate of the superannuation allowance of the nominator or to £13 per annum, whichever is the higher.

• (4) A pension of limited duration cannot enure for the benefit of a female nominee who at the time of the death of the nominator was married or was cohabiting with any person, and, if, after the death of the nominator, a female nominee marries or cohabits with any person, she shall cease to be a person for whose benefit a pension of limited duration can enure :

Provided that where—

• (a) such a pension as aforesaid is withheld from or does not enure for the benefit of a nominee by virtue of this subsection, and

• (b) the Treasury are satisfied at a subsequent date that the marriage or cohabitation has come to an end or that there are compassionate grounds for permitting the pension to enure for her benefit notwithstanding the marriage,

the Treasury may, if they think fit, grant the pension, or, as the case may be, permit the pension to enure for her benefit, as from that date.

Contributions under Part IV.

Duty to pay contributions under Part IV.

66

• (1) Where a person makes a nomination, contributions shall be made by him in accordance with this and the three next following sections in respect of that nomination, at rates ascertained by reference to tables to be prepared from time to time by the Government Actuary.

• (2) The said tables shall classify nominations according to the ages and sexes of the nominator and the nominee and according to whether or not the nominee is presumptively eligible for a life pension, and shall, in relation to each of the two kinds of contribution provided for by the three next following sections, fix a rate of contribution (expressed as a percentage) for each class of nomination; and those rates shall be fixed with a view to securing that, as nearly as may be, the value of the contributions payable in respect of each class of nomination is equivalent to half the burden of the pensions payable under this Part of this Act by reason of nominations of that class.

• (3) It shall be assumed, in preparing the said tables, that no nominator will ever make more than one nomination, and where two or more nominations (being nominations where the nominee is not presumptively eligible for a life pension) are in force at the same time, the contributions to be made in respect of the second nomination and the third nomination, if any, shall be at half the rate specified in the tables:

Provided that where two or more nominations are made on the same day, the one with the youngest nominee shall be deemed for the purpose of this subsection to be made first, and so on.

• (4) In this Part of this Act " the appropriate percentage " means, in relation to the contributions of any kind payable in respect of a nomination of any class, the percentage or, as the case may be, half the percentage, which, in the tables prepared under this section which are in force at the date of the nomination, is expressed to be the rate for contributions of that kind in respect of nominations of that class.

Periodical contributions under Part IV.

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• (1) When a person makes a nomination, he shall elect whether or not to make contributions under this section in respect of it.

• (2) Contributions by a person under this section—

• (a) shall be equal to the appropriate percentage of the amount of the salary from time to time payable to him, exclusive of allowances and payments for overtime ;

• (b) shall be payable in respect of his salary from the date of the nomination—

• (i) until he ceases to be a civil servant, or

• (ii) if the nomination becomes void before he ceases to be a civil servant, until the nominator gives notice to the Treasury of the avoidance of the nomination or, as the case may be, of the event causing it to be void, or

• (iii) if the nomination was made during the nominee's period of childhood and full-time education, until the nominee attains the age of sixteen years,

whichever first occurs;

• (c) shall be paid at such times and in such manner as the Treasury may determine:

Provided that the Treasury may, if in all the circumstances they think fit so to do, direct, in relation to a nomination which becomes void before the nominator ceases to be a civil servant, that contributions shall not be payable in respect of the salary of the nominator after the date on which the nomination becomes void.

• (3) Contributions under this section are hereafter in this Part of this Act referred to as " periodical contributions ".

Return of periodical contributions under Part IV.

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• (1) If a person who has made periodical contributions in respect of a nomination ceases to be a civil servant under such circumstances that he is not eligible for the grant of a superannuation allowance and will not become eligible therefor on attaining a particular age, the whole of his periodical contributions in respect of that nomination may be returned to him.

• (2) In any other case where a person ceases to be a civil servant after making periodical contributions in respect of a nomination, there may be returned to him such of those contributions, if any, beginning with the last of them, as is necessary in order to secure that the period in respect of which such contributions are paid by him without being returned—

• (a) is an exact number of years ; and

• (b) does not extend beyond the date on which his reckonable service amounted to forty years.

• (3) Where any contributions are returned under this section, they may be returned with compound interest at such rate or rates as the Treasury may from time to time determine.

Contribution under Part IV by reduction in additional allowances and death gratuities.

69

• (1) Subject to the provisions of this section, where an additional allowance or a gratuity under section 4 of this Act becomes payable to or in respect of a person who has made a nomination, a contribution under this section shall be made in respect of that nomination, taking the form of a reduction in the amount of the allowance or gratuity.

• (2) A contribution shall not be made under this section in respect of a nomination where the number of relevant years, as defined in subsection (4) of this section, is nil.

• (3) Where subsection (2) of this section does not apply, the contribution shall be equal to the appropriate percentage of the average annual amount of the salary and emoluments of the nominator's office during the last three years of his service, multiplied by the number of relevant years, as defined in subsection (4) of this section.

• (4) In this section " the number of relevant years " means the number of completed years of reckonable service which the nominator has on whichever of the following dates first occurs, that is to say—

• (a) the date when the nominator ceases to be a civil servant; or

• (b) if the nomination became void before the nominator ceased to be a civil servant, the date when the nominator gives notice to the Treasury of the avoidance of the nomination or, as the case may be, of the event by reason of which the nomination became void ; or

• (c) if the nomination was made during the nominee's period of childhood and full-time education, the date when the nominee attains the age of sixteen years,

reduced, in each case, by the number of years, if any, for which periodical contributions have been made by him in respect of the nomination and are not returnable.

• (5) Service after forty years of reckonable service shall be left out of account for the purposes of this section.

• (6) Where a nomination becomes void before the nominator ceases to be a civil servant, otherwise than by revocation, the Treasury may, if in all the circumstances they think fit so to do, direct that this section shall have effect in relation to it as if references to the date when it became void were substituted for references to the date when the nominator gave notice to the Treasury of the avoiding thereof or, as the case may be, of the event by reason of which it became void.

• (7) Any reduction effected or to be effected under this section in the amount of any additional allowance shall be left out of account for the purposes of section 4(2) of this Act, and, accordingly, the question whether any and if so what gratuity may be granted under that subsection shall be determined as if no such reduction as aforesaid had been or had to be made.

Limitations on right to nominate, avoidance of nominations, etc.

Nominees must be related to and dependent on the nominator.

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• (1) A nominee must be the mother or father of the nominator, a sister, brother or child of the nominator, a child of a deceased sister or deceased brother of the nominator or a child of a deceased child of the nominator.

• (2) A nominee must at the date of the nomination, and at all times thereafter until the nominator ceases to be a civil servant, be wholly or mainly dependent on the nominator.

• (3) In their nominations, persons shall give preference to their children over their other dependants and accordingly a person who has a child who might be, but is not, a nominee of his, shall not have any nominee who is not a child of his.

Limitation of number of nominees.

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Subject to the provisions of Schedule 5 to this Act, the maximum number of nominees which a person may have at the same time is as follows, that is to say—

• (a) he may have one nominee who is presumptively eligible for a life pension ; or

• (b) he may have up to three nominees who are not presumptively eligible for life pensions.

Prevention of overlap with Part III.

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• (1) Subject to the provisions of Schedule 5 to this Act—

• (a) a person who is for the time being presumptively eligible for a pension under Part III of this Act in respect of the service of any person shall not be or remain the nominee of that person; and

• (b) a civil servant to whom Part III of this Act applies and who has a wife or a husband and a woman civil servant to whom Part III of this Act does not apply but who has an incapacitated husband wholly or mainly dependent on her, shall not have any nominee.

• (2) Where—

• (a) the marriage of a person, whether male or female, to whom Part III of this Act applies comes to an end after the said Part III has become applicable to him or to her and before he or she has ceased to be a civil servant, and

• (b) when the marriage came to an end, there was any person presumptively eligible for a children's pension under the said Part III in respect of his or her service,

the number of nominees permissible under paragraph (b) of the last foregoing section shall, during any period during which any person who was presumptively eligible as aforesaid is alive and is still in his period of childhood and full-time education, be reduced by one for each such person who is alive and is still in his said period.

• (3) The references in the foregoing provisions of this section to a person presumptively eligible at any date for a pension under Part III of this Act in respect of the service of another person shall be construed as references to any person to whom or for whose benefit such a pension could have been granted if that other person had died on that date, it being assumed (notwithstanding any provision of this Act which has the effect of requiring a minimum period of service as a condition of the grant of a superannuation allowance) that that other person would have been eligible for a superannuation allowance if he had retired on that date from the civil service on a medical certificate.

• (4) A male person to whom Part III of this Act does not apply by reason of an election of his that it should not apply to him shall be in the same position under this section as he would have been in if he had not made that election, and the foregoing provisions of this section shall have effect in relation to him accordingly as if—