Superannuation Act 1965

• (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.

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• (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.

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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.

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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.

67

• (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.

68

• (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.

70

• (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.

71

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.

72

• (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—

• (a) the said Part III applied to him during all periods during which it would have applied to him if he had not made the election; and

• (b) any persons who, on any date, would be or would have been presumptively eligible for a pension under the said Part III in respect of his service were then, or, as the case may be, had then been, presumptively eligible for such a pension in respect thereof.

Avoidance of nominations.

73

• (1) A purported nomination made in contravention of any of the provisions of the three last foregoing sections shall be void.

• (2) A nomination validly made may at any time be revoked by the nominator by a notice given by him and shall thereupon become void.

• (3) Where a nomination validly made becomes, owing to a change in circumstances, one which is not permissible under the three last foregoing sections, it shall thereupon become void.

• (4) A nomination shall become void on the death of the nominee.

• (5) Subject to the provisions of Schedule 5 to this Act, a nomination which is made during the nominee's period of childhood and full-time education shall become void upon the cessation of the nominee's period of childhood and full-time education.

Renominations of nominees under previous nominations which have become void.

74

• (1) A nomination which is otherwise valid shall not be invalid by reason only that the nominee has previously been nominated by the same person under a nomination which has become void.

• (2) Where a nomination validly made has become void at any time on the ground that a child of the nominator might then have been but was not a nominee of his and the nominator has died or retired without having made a new nomination, the Treasury may, if in the circumstances they think fit so to do, direct that the provisions of this Act shall have effect as if the nominator, immediately after the event by which the nomination was avoided, had nominated the person who was the nominee under the nomination (or, where more than one nomination was avoided by that event, such of those persons as may be specified in the direction) and had also nominated his child.

• (3) Where a person nominates another person who has been his nominee under a previous nomination which has become void, then, subject to the provisions of subsection (4) of this section, the Treasury may, if in the circumstances they think fit so to do, direct that the contributions payable in respect of the nominations shall be calculated as if the previous nomination had never become void:

Provided that where the nominator has elected to make periodical contributions under the first nomination, he shall not, except so far as the Treasury may otherwise direct, make periodical contributions in respect of the period after the first nomination became void and before the new nomination is made, and the amount which he is to contribute by way of a reduction of his additional allowance or gratuity shall be calculated accordingly.

• (4) The provisions of subsection (3) of this section shall not apply where—

• (a) the nominee is, under the new nomination, and was not, under the previous nomination, presumptively eligible for a life pension, or

• (b) the nominee is not, under the new nomination, but was, under the previous nomination, presumptively eligible for a life pension,

but, in any such case, the Treasury may, if they think fit, direct that—

• (i) all or any of the periodical contributions, if any, made in respect of the first nomination shall be returned to the nominator; and

• (ii) no contribution, or a reduced contribution, shall be made in respect of the first nomination by way of a reduction of an additional allowance or gratuity.

• (5) Where any contributions are returned under subsection (4) of this section, they may be returned with compound interest at such rate or rates as the Treasury may from time to time determine.

Power to refuse nominations on ground of nominator's ill-health.

75

• (1) The Treasury may refuse to accept a nomination if they are not satisfied that the nominator was, having regard to his age, in good health at the time of the making of the nomination, and any nomination refused under this subsection shall be void.

• (2) A person who makes a nomination shall, when he makes the nomination and subsequently, make such declarations and provide such information as the Treasury may reasonably require for the purpose of enabling them properly to exercise the powers conferred on them by subsection (1) of this section and shall, if so required by the Treasury for that purpose, submit to be medically examined by a registered medical practitioner nominated or approved in that behalf by the Treasury.

Miscellaneous.

Modification of Part IV in relation to persons to whom s. 6 or s. 13 applies.

76

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 7 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.

77

The fact that a person has made a nomination shall not affect his rights under section 43 of this Act, and the pensions payable under this Part of this Act to or for the benefit of the nominees of a person shall be calculated as if any surrender made by him under that section of a part of a superannuation allowance had not been made.

Part V — Miscellaneous and General

Supplemental provisions as to Parts I and II.

Person ineligible for certain benefits unless salary paid out of Consolidated Fund, etc.

78

A person shall not be eligible for the grant of a superannuation allowance or additional allowance, and a gratuity shall not be granted under section 4 of this Act to the personal representatives of any person, unless the salary or remuneration of that person during his service as a civil servant was paid out of the Consolidated Fund or out of moneys provided by Parliament or out of the Post Office Fund.

No absolute right to any allowance, etc.

79

Nothing in this Act shall extend or be construed to extend to give any person an absolute right to any allowance or gratuity under Part I or Part II of this Act or to deprive the Treasury or the head or principal officer of any department of their or his power and authority to dismiss any person from the public service without compensation.

Treasury to determine certain questions.

80

Subject to section 48(1) of this Act, the decision of the Treasury on any question which arises—

• (a) as to the claim of any person or class of persons for a superannuation allowance or additional allowance or a gratuity under section 4 of this Act, or

• (b) as to the application of any provision of this Act to any person, or

• (c) as to the amount of any allowance or gratuity under this Act, or

• (d) as to the reckoning of any service for any such allowance or gratuity,

shall be final.

Temporary abatement from salaries to be disregarded.

81

• (1) Any reference in this Act to the salary and emoluments of an office is, as regards any period in respect of which any temporary abatement from the salary and emoluments of that office has been made pursuant to a general direction issued by the Treasury for the purpose of effecting economy in national expenditure, a reference to the salary and emoluments which would have been payable to the holder of the office but for that abatement.

• (2) For the purpose of calculating the amount of any gratuity payable under section 15 or 16 of this Act to or in respect of a person who has been employed in the civil service in an unestablished capacity or in part-time service, no account shall be taken of any temporary abatement of his pay made pursuant to any general direction issued by the Treasury for the purpose of effecting economy in national expenditure.

Provision against double pension.

82

A person shall not be entitled to reckon the same period of time both for the purpose of a superannuation allowance, additional allowance or retiring allowance or of a gratuity under section 4 of this Act and for the purpose of naval, military or air force non-effective pay.

Supplemental provisions as to Parts III and IV.

Duty of civil servants to give information.

83

It is hereby declared that it is the duty of every person who is or has been a civil servant to give to the Treasury or other proper authority all such information as is necessary for the proper operation of Parts III and IV of this Act in relation to him, whether he is asked to give the information or not.

Meaning of " period of childhood and full-time education " for the purposes of Parts III and IV.

84

• (1) Subject to the provisions of subsection (4) of this section, a person shall be deemed for the purposes of Parts III and IV of this Act to be in his period of childhood and full-time education while either—

• (a) he is under the age of sixteen ; or

• (b) he is receiving full-time instruction at any university, college, school or other educational establishment; or

• (c) he is undergoing training by any person (hereinafter referred to as " the employer ") for any trade, profession or vocation in such circumstances that—

• (i) he is required to devote the whole of his time to the training for a period of not less than two years; and

• (ii) while he is undergoing the training, the emoluments receivable by him, or payable by the employer in respect of him, do not exceed £13 a year, exclusive of any emoluments receivable or payable by way of return of any premium paid in respect of the training:

Provided that a person shall not be deemed for the purposes of this section to satisfy the condition specified in paragraph (b) or the condition specified in paragraph (c) of this subsection unless there has up till then been no time since he attained the age of sixteen when he did not satisfy one or other of those conditions.

• (2) In subsection (1) of this section, " emoluments " means any salary, fees, wages, perquisites, or profits or gains whatsoever, and includes the value of free board, lodging or clothing, and, for the purposes of paragraph (c)(ii) of the said subsection (1), where a premium has been paid in respect of the training of a person, all emoluments at any time receivable by him, or payable by the employer in respect of him, shall be deemed to be receivable or payable by way of return of the premium, unless and except to the extent that the amount thereof exceeds in the aggregate the amount of the premium.

• (3) The Treasury may by order increase the sum of £13 in subsection (1)(c)(ii) of this section, but such an order—

• (a) shall not authorise the payment, or increase, of any instalment of a pension in respect of a period falling before the date when the order takes effect,

• (b) shall, for the purposes of the proviso to the said subsection (1), apply to periods before the date when the order takes effect, as well as to later periods, and

• (c) shall not make invalid any nomination under section 64(1) of this Act made before the order takes effect.

An order under this subsection may be varied or revoked by a subsequent order, but paragraph (b) of this subsection shall not apply to an order other than an order increasing, or further increasing, the said sum of £13.

• (4) As respects any period during which neither of the conditions specified in paragraphs (b) and (c) of subsection (1) of this section is satisfied in relation to a person, the Treasury may, if they think fit and are satisfied that that person's full-time education ought not to be regarded as completed, direct either—

• (a) that that period shall be ignored for the purposes of the proviso to subsection (1) of this section ; or

• (b) that that period shall be so ignored and shall also be treated as part of his period of childhood and full-time education for all the other purposes of Parts III and IV of this Act, except such purposes, if any, as may be specified in the direction.

• (5) Notwithstanding anything in the foregoing provisions of this section, the period of childhood and full-time education shall not, in the case of a person who is permanently incapacitated, be deemed for any of the purposes of Parts III and IV of this Act to continue after he attains the age of sixteen or his permanent incapacity becomes known, whichever is the later.

Marriages of civil servants whose early death is to be foreseen.

85

Where a civil servant marries and—

• (a) he dies within the year beginning with the date of the marriage; and

• (b) there are no children born of the marriage ; and

• (c) the Treasury are of the opinion that his death within the year beginning with the date of the marriage was, at that date, to be foreseen by him,

the same results shall follow under Parts III and IV of this Act as would have followed if the marriage had not taken place, and all necessary adjustments (including, if need be, repayments of sums paid in respect of pensions already granted under the said Part III, repayments of contributions made under the said Part III and grants of additional pensions and payments of additional contributions under the said Part IV) shall be made accordingly.

Application of Forfeiture Act 1870.

86

Section 2 of the Forfeiture Act 1870 (which provides for forfeiture of pensions in certain cases of conviction for treason or felony) shall apply in relation to a pension or part of a pension under Part III or Part IV of this Act which is applied for the benefit of any person as if that pension or part of a pension, as the case may be, were a pension paid to that person:

Mode of making elections, etc.

87

Any election or nomination required or authorised to be made under Part III or Part IV of this Act, and any notice required or authorised to be given under Part III or Part IV of this Act, shall be in writing, shall be made or given to the Treasury or such other authority as the Treasury may appoint, shall be made or given in the lifetime of the person who makes or gives it and shall, except so far as is otherwise expressly provided, be made or given before that person ceases to be a civil servant.

Effect under Parts III and IV of certain nullity decrees.

88

Where a marriage which is voidable but not void from the beginning is declared to be null by any court of competent jurisdiction, the same results shall follow under Parts III and IV of this Act as would have followed thereunder if the marriage had not been voidable and had been dissolved at the date of the declaration of nullity.

Miscellaneous.

Application to civil service of certain superannuation schemes.

89

• (1) Where, whether before or after the commencement of this Act,—

• (a) a person employed in the civil service has, with the approval of the Treasury, become subject to a superannuation scheme to which this section applies, or

• (b) a person subject to such a scheme is employed in the civil service and, with the approval of the Treasury, remains subject to the scheme,

the Minister or other person in charge of the department in which that person is employed shall have power, and be deemed always to have had power, but (except where that department is the Treasury) subject to the approval of the Treasury,—

• (i) to pay the contributions authorised or required by the scheme to be paid by that person's employer,

• (ii) to refund the amount of any payments made, whether by that person or by a former employer of his, in respect of any period during which that person was employed in the civil service, being payments falling to be borne by the employer in respect of premiums payable under any policy of insurance issued in pursuance of the scheme or in respect of sums to be invested in pursuance thereof.

• (2) Any period, whether before or after the commencement of this Act, in respect of which payments authorised by subsection (1) of this section have been made in the case of any person employed in the civil service, whether before or after he became so employed, shall notwithstanding anything in this Act be disregarded in the application to him of any provisions of this Act except section 18 thereof.

• (3) The Treasury may make regulations for conferring on persons employed in the civil service who are subject to any scheme to which this section applies, or any class of such persons, benefits appearing to the Treasury to correspond as nearly as may be with the benefits conferred, on persons whose superannuation benefits are regulated under this Act, by sections 20, 21, 30 and 31 thereof.

• (4) The schemes to which this section applies are the superannuation schemes operated under the Federated Superannuation System for Universities, the Federated Superannuation Scheme for Nurses and Hospital Officers, and any other scheme approved by the Treasury for the purposes of this section.

Regulations authorising service disregarded by s. 89(2) to be taken into account for certain purpose.

90

• (1) The Treasury may make regulations under which service which would have been taken into account for the purposes of any provisions of this Act but for subsection (2) of the last foregoing section may be taken into account for the purpose of the provisions of this Act with respect to the minimum periods of service which qualify persons for the benefit of this Act.

• (2) Regulations under this section may make different provision in relation to different pension schemes and may include such supplemental and incidental provisions as appear to the Treasury expedient, including provisions for modifying the said subsection (2) or any other of the provisions of this Act.

• (3) Regulations under this section may apply to service before the making of the regulations, as well as to service for later periods.

Application of certain provisions of Act to retiring and compensation allowances.

91

Sections 5, 25 and 26 of this Act and Parts III and IV thereof shall, so far as capable of such application, apply in relation to retiring allowances and compensation allowances as if references therein to superannuation allowances included references to any annual retiring or compensation allowance and references therein to additional allowances included references to any retiring or compensation allowance taking the form of a lump sum.

Application of Act to persons who served on the establishment of the Secretary of State in Council of India.

92

• (1) The application of the provisions of this Act specified in subsection (2) of this section in relation to civil servants who have served on the permanent establishment of the Secretary of State in Council of India shall not be affected by anything in section 282(1) of the Government of India Act 1935 (which provides that part of any superannuation and other allowances or gratuities awarded to such persons shall be paid out of the revenues of the Federation of India), and the said subsection (1) shall operate in relation to them as if those provisions had not been made and the allowances and gratuities payable to or in respect of them had been computed and granted accordingly.

• (2) The provisions of this Act referred to in subsection (1) of this section are sections 5, 6, 7, 10, 13 (except subsection (4)), 15(1) to (5), 16,17,18, 20(1), 21(2), 22, 23,25,26,29,44 and 45(1), Parts III and IV, sections 83 to 88, 91, 94, 98(2) and (3) and 99 and paragraph 3 of Schedule 3.

General

Distribution of money without representation.

93

• (1) Where on the death of any person any sum not exceeding £500 is due from a government department in respect of any civil pay, superannuation, or other allowance, annuity or gratuity, then, if the government department prescribed by order of the Treasury for the purpose of this section so direct, but subject to regulations (if any) made by the Treasury, proof of the title of the personal representatives of that person may be dispensed with, and the said sum may be paid or distributed to or among the persons appearing to the department to be beneficially entitled to the personal or moveable estate of that person, or to or among any one or more of those persons or, in case of the illegitimacy of that person or his children, to or among such persons as the department think fit, and the department shall be discharged from all liability in respect of any such payment or distribution.

• (2) Subsection (1) of this section shall apply to any sum not exceeding £500 payable to the personal representatives of a deceased person under this Act as it applies to such a sum due from a government department to a person who has died, and accordingly the sum may either be paid to the personal representatives (without proof of title) or be paid or distributed among the persons appearing to the Treasury to be beneficially entitled to the estate of the deceased, or among such other persons as are described in that subsection.

• (3) Nothing in this section shall affect section 8(1) of the Finance Act 1894 (application to estate duty of probate duty law and practice as regards payment of sums under £100 without requiring representation).

Power to ignore breaks in dependence.

94

The Treasury may treat a person for all or any of the purposes of this Act, except section 43 thereof, as wholly or mainly dependent on another person notwithstanding that for the time being he is not in fact so dependent on him, if they are satisfied that it is reasonable to expect that the first-mentioned person will again become dependent on the second-mentioned person and are further satisfied that the break in dependence ought in all the circumstances to be regarded as a temporary one.

Provisions as to rules, regulations, etc.

95

• (1) Any power conferred by this Act to make rules, or orders shall be exercisable by statutory instrument.

• (2) Any statutory instrument containing rules or an order made under this Act, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power of Treasury to delegate power to grant allowances, etc.

96

Financial provisions.

97

• (1) There shall be paid out of the Consolidated Fund—

• (a) any payments to be so made under provisions of this Act relating to public offices including section 39A of this Act; and

• (b) any increase attributable to this Act in the sums to be so issued under any other Act.

• (2) There shall be paid out of moneys provided by Parliament—

• (a) any pension, allowance, gratuity or return of contributions, with or without interest, which is payable under or by virtue of any of the provisions of this Act and does not fall to be paid from some other fund,

• (b) . . .

• (c) any administrative expenses incurred by any government department under this Act.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of " civil service " and " civil servant " and supplementary provisions.

98

• (1) In this Act “civil service” means the civil service of the State.

• (2) In this Act “civil servant” means a person serving in an established capacity in the permanent civil service, and references in this Act to persons ceasing to be civil servants, to persons retiring from being civil servants and to retired civil servants shall be construed accordingly.

Except where the context otherwise requires, any reference in this Act to a person ceasing to be a civil servant includes a reference to the death of a person who dies while he is a civil servant.

• (3) For the purposes of this Act no person shall be deemed to have served in the permanent civil service unless he holds his appointment directly from the Crown or has been admitted into the civil service with a certificate from the Civil Service Commissioners.

• (4) For the purposes of pensions and other superannuation benefits—

• (a) service in an established capacity—

• (i) in employment of any of the kinds listed in Schedule 8 to this Act, or

• (ii) in the office of Falkland Macer,

shall, where the person in question has been admitted into that employment, or as the case may be has been appointed to the said office, with a certificate from the Civil Service Commissioners, be treated as service in the permanent civil service within the meaning of subsection (3) of this section, and

• (b) service in the employment of any of the said kinds, or in the said office, in any other case shall be treated as service in the civil service, not falling within the said subsection (3).

• (5) The Minister for the Civil Service may by order add any employment to those listed in the said Schedule, being employment by a body or in an institution specified in the order.

• (6) The references in section 12 of this Act to a public department, the references in section 33 of this Act to a government service, and the references in section 93 of this Act to a government department, shall include references to any of the bodies or institutions listed in the said Schedule or, as the case may be, to the service provided by any of those bodies or institutions.

• (7) Section 46(1)(b) of this Act shall, notwithstanding subsection (3)(d) of that section, include employment of any of the kinds listed in the said Schedule.

• (8) References in this section to employment of the kinds listed in the said Schedule are references, in the case of any institution specified in that Schedule, to employment by the trustees or other authority responsible for the institution, and, in other cases, references to employment by the body specified in the Schedule.

• (9) Subsections (4) to (8) of this section shall be deemed always to have had effect, and any order of the Minister for the Civil Service under this section may be expressed to have effect retrospectively.

Further provisions as to interpretation.

99

• (1) In this Act, except so far as is otherwise expressly provided or the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—

• " additional allowance " means an allowance granted under section 3 of this Act;

• " brother " includes, in relation to a person, every male child of his father or his mother ;

• " child ", in relation to a person, includes an illegitimate child, a stepchild and an adopted child;

• " compensation allowance " means an allowance under section 8 of this Act;

• " father " includes, in relation to a person, his stepfather and a male person by whom he has been adopted;

• " gratuity " means a gratuity granted under any provision of this Act;

• " medical certificate ", in relation to the retirement of any person, means a medical certificate to the satisfaction of the Treasury that that person is incapable from infirmity of mind or body to discharge the duties of his situation and that that infirmity is likely to be permanent;

• " mother " includes, in relation to a person, his stepmother and a female person by whom he has been adopted;

• " presumptively eligible for a life pension ", in relation to a person, means nominated under Part IV of this Act after his period of childhood and full-time education or under a nomination which states that he is permanently incapacitated;

• " reckonable service " means service as computed in accordance with the enactments relating to the computation of service for the purpose of determining the amount of a superannuation allowance or additional allowance ;

• " retiring age " means, in relation to a civil servant, the age which a civil servant in accordance with the provisions of this Act must, apart from sections 7 and 10 of this Act, attain in order that a superannuation allowance may be granted to him on retirement without a medical certificate ;

• " retiring allowance " means an allowance under section 9 of this Act;

• " sister " includes, in relation to a person, every female child of his father or his mother;

• " superannuation allowance " means an allowance under section 1 of this Act

• " unestablished capacity " means employment in the civil service otherwise than in the capacity of a civil servant, being employment to which a person serving therein is required to devote his whole time and the remuneration for which is paid entirely out of moneys provided by Parliament or the Post Office Fund.

• (2) Any reference in this Act to an adopted child of a person shall be construed as a reference to a child adopted by him (whether alone or jointly with any other person) in pursuance of an adoption order made under the Adoption of Children Act 1926, the Adoption Act 1950, the Adoption Act 1958, or the Adoption of Children (Scotland) Act 1930, or any corresponding enactment of the Parliament of Northern Ireland, or adopted by him (whether alone or jointly with any other person) in accordance with the law of the place where he was domiciled at the time of the adoption, and references to a person by whom another person has been adopted shall be construed accordingly.

• (3) In this Act " incapacitated " means, in relation to a person, incapable by reason of old age or some specific bodily or mental disability of earning his own living, and a person who is in any event too young to earn his own living shall be treated as incapacitated for the purposes of this Act if it appears that, by reason of any specific bodily or mental disability, he will be incapable of earning his own living when he attains the age at which he would otherwise be capable of doing so.

• (4) Any reference in this Act to any enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any other enactment.

Act not to apply to naval, etc., service pensions.

100

Nothing in this Act with respect to superannuation, compensation or other allowances shall extend or be construed to extend to any naval, military or air force service retired pay, service pension or service gratuity.

Act not to apply to existing Irish officers.

101

• (1) This Act shall not apply to any existing Irish officers.

• (2) In this section " existing Irish officers " has the same meaning as in the Government of Ireland Act 1920.

Application of Superannuation Acts by Superannuation Act (Northern Ireland) 1921.

102

It is hereby declared that nothing in the Superannuation Acts 1834 to 1965 passed since the Superannuation Act (Northern Ireland) 1921, and nothing in the repeals in this Act or in any other provision of this Act (except the power in section 38 to amend enactments forming part of the law of any part of the United Kingdom) affects the Superannuation Acts 1834 to 1914 as applied by the said Superannuation Act (Northern Ireland) 1921.

Consequential amendment of Acts.

103

The enactments specified in Schedule 9 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments consequential upon the provisions of this Act.

Savings, transitional provisions and repeals.

104

• (1) The savings and transitional provisions contained in Schedule 10 to this Act shall have effect.

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

Saving for s, 38 of Interpretation Act 1889.

105

Short title and commencement.

106

This Act may be cited as the Superannuation Act 1965 and shall come into force at the expiration of a period of one month beginning with the date on which it is passed.

SCHEDULES 1-7

PART I

Modification of sections 1, 3, 4, 6 and 13 in relation to certain Female Persons who were Civil Servants on 27th June 1935

1

• (1) Subject to sub-paragraph (2) of this paragraph, this Part of this Schedule applies to any female person who—

• (a) became a civil servant before 27th June 1935, and

• (b) did not adopt the provisions of the Superannuation Act 1909.

• (2) This Part of this Schedule shall not apply to a female person who—

• (a) duly elected that Part I of the Superannuation Act 1949 should apply to her or duly elects that Part III of this Act shall apply to her, or

• (b) duly made a nomination within the meaning of Part II of the said Act of 1949 or duly makes a nomination within the meaning of Part IV of this Act.

2

• (1) The proportion of the average annual amount of the salary and emoluments of her office during the last three years of her service on which the superannuation allowance which may be granted to a person to whom this Part of this Schedule applies is to be computed shall be one-sixtieth instead of one-eightieth and sections 1(1), 6(3) and 13(3) of this Act shall accordingly have effect in relation to such a person as if for the words " one-eightieth " there were substituted the words " one-sixtieth ".

• (2) Where a person to whom this Part of this Schedule applies has been in the class from which she retires for a period of at least three years immediately before the grant to her of a superannuation allowance, such allowance shall be computed on the amount of the annual salary and emoluments of her office and accordingly the said section 1(1), as modified by the foregoing sub-paragraph, shall have effect in relation to that person as if for the words " the average annual amount of the salary and emoluments of his office during the last three years of his service " there were substituted the words " the annual salary and emoluments of her office ".

3

• (1) Where any fees or other sources of profit form part of the emoluments of an office of a person to whom this Part of this Schedule applies, the head of the department in which that office is may, for the purpose of computing any superannuation or compensation allowance to be granted to that person, fix, with the approval of the Treasury, an average sum in respect of that part of the emoluments which consists of such fees or other sources of profit, but not exceeding the average annual amount of such fees or other sources of profit during the three last preceding years.

• (2) Sub-paragraph (1) of this paragraph shall not affect the amount of any superannuation allowance or other sum so far as it depends on the amount of that part of the emoluments of an office which does not consist of any fees or other sources of profit.

4

Sections 3 and 4 of this Act shall not apply in relation to a person to whom this Part of this Schedule applies.

PART II

Modification of sections 1, 3, 4, 6 and 13 in relation to certain other Persons who were Civil Servants on 27th June 1935

5

• (1) Subject to sub-paragraph (2) of this paragraph, this Part of this Schedule applies to—

• (a) any male person who was a civil servant on 27th June 1935 and who duly signified that he did not desire section 4 of the Superannuation Act 1935 to apply to him, and

• (b) any female person who was a civil servant on 27th June 1935 and was allowed by the Treasury under section 1(2) of the said Act of 1935 to adopt the provisions of the Superannuation Act 1909 and who duly signified that she did not desire the said section 4 to apply to her.

• (2) This Part of this Schedule shall not apply to—

• (a) any person to whom Part I of the Superannuation Act 1949 became, or Part III of this Act becomes, applicable, or

• (b) any person who duly made a nomination within the meaning of Part II of the said Act of 1949 or duly makes a nomination within the meaning of Part IV of this Act.

6

Subject to paragraph 7 of this Schedule, any superannuation allowance, additional allowance or gratuity under section 4 of this Act which may be granted to, or in respect of, a person to whom this Part of this Schedule applies shall be computed on the annual salary and emoluments of his office and accordingly sections 1, 3 and 4 of this Act shall have effect in relation to any such person as if for the words " the average annual amount of the salary and emoluments of his office during the last three years of his service ", wherever those words occur in the said sections, there were substituted the words " the annual salary and emoluments of his office " and as if for the words " that amount" in the said section 3 there were substituted the words " the amount of such salary and emoluments "

7