The Pensions Increase (Civil Service Pensions) Regulations 1974

Made: 17th April 1974

Laid before Parliament: 26th April 1974

Coming into Operation: 18th May 1974

The Minister for the Civil Service, in exercise of the powers conferred on him by sections 1(1), (2) and (4) and 4(1) and (3)(a) of the Pensions (Increase) Act 1974 and of all other powers enabling him in that behalf, hereby makes the following Regulations:—

1

These Regulations may be cited as the Pensions Increase (Civil Service Pensions) Regulations 1974, and shall come into operation on 18th May 1974.

2

• (1) In these Regulations—

• “the 1974 Act” means the Pensions (Increase) Act 1974;

• “civil service pension” means a pension payable under the principal civil service pension scheme;

• “Class A pension” means any civil service pension payable in respect of service ending with— employment in which any pay increase normally takes effect on 1st January in any year, or employment in any capacity specified in column 1 of Schedule 1 to these Regulations, by the department or body specified in column 2 of that Schedule;

• “Class B pension” means any civil service pension— which is payable in respect of service ending with employment, in any capacity specified in column 1 of Schedule 2 to these Regulations, by the department or body specified in column 2 of that Schedule, or which is not either such a pension as is specified in paragraph (a) above or a Class A pension;

• “principal civil service pension scheme” has the meaning given by section 2(10) of the Superannuation Act 1972.

• (2) The Interpretation Act 1889 shall apply for the interpretation of these Regulations as it applies for the interpretation of an Act of Parliament.

3

Civil service pensions are hereby prescribed for the purposes of section 1(1) of the 1974 Act.

4

Class A pensions are pensions as respects which, in the opinion of the Minister for the Civil Service, increases in the emoluments relevant for the purpose of calculating the pensions were deferred during the period beginning with 6th November 1972 and ending with 31st March 1973 in consequence of provisions of the Counter-Inflation (Temporary Provisions) Act 1972, and accordingly paragraph (a) of section 1(2) of the 1974 Act applies to such pensions.

5

The date on which, in the opinion of the Minister for the Civil Service, the emoluments relevant for the purpose of calculating a civil service pensions were, or are expected to be, increased by the principal pay increase made or expected to be made, during the year ending with 6th November 1974, in accordance with the code in force under section 2 of the Counter-Inflation Act 1973 at the time of the increase, is—

• (a) in the case of a Class A pension related to an employment specified in Schedule 1 to these Regulations, the date specified in relation to that employment in column 3 of that Schedule;

• (b) in the case of any other Class A pension, 1st January 1974;

• (c) in the case of a Class B pension related to an employment specified in Schedule 2 to these Regulations, the date specified in relation to that employment in column 3 of that Schedule; and

• (d) in the case of any other Class B pension, 1st July 1974;

6

• (1) The 1974 Act shall have effect, in relation to any civil service pension which by virtue of the principal civil service pension scheme is calculated by reference to the provisions of paragraph 2(2) or 6 of Schedule 1 to the Superannuation Act 1965 (which apply to certain persons who were civil servants on 27th June 1935), subject to the amendments specified in paragraph (2) below.

• (2) In relation to such a pension as is described in paragraph (1) above, the Schedule to the 1974 Act shall have effect as if—

• (a) in paragraph 5, for the words “before 1st April 1974” there were substituted the words “on or before the relevant date”, and

• (b) paragraph 7 and 16 were omitted,

and accordingly such a pension, if it begins after the relevant date for the pension, shall not be increased under the 1974 Act.

7

Any increase of pension payable by virtue of these Regulations shall have effect in respect of any period beginning on or after 1st December 1973.

SCHEDULE 1 — Employments to which certain Class A pensions are related, together with relevant dates

SCHEDULE 2 — Employments to which certain Class B pensions are related, together with relevant dates

Signed

Given under the official seal of the Minister for the Civil Service on 17th April 1974.

Robert Sheldon — Minister of State to the Civil Service Department

Explanatory note

EXPLANATORY NOTE

These Regulations apply the Pensions (Increase) Act 1974 to pension payable under the Principal Civil Service Pension Scheme. Such pensions which begin after 1st January 1973 qualify for the special pensions increases under the 1974 Act. The Regulations specify those pensions under the scheme (“Class A pensions”) which are payable in respect of service in a grade of the civil service which suffered deferment of a pay increase in consequence of the Counter-Inflation (Temporary Provisions) Act 1972 during the period 6th November 1972 to 31st March 1973; these pension will consequently be increased in accordance with Part I of the Schedule to the 1974 Act. All other pensions under the scheme (“Class B pensions”) will be increased in accordance with Part II of the Schedule to the Act.

The Regulations also specify the “relevant date”—the date of the principal pay increase made or expected to be made during the year ending 6th November 1974—for the grades concerned.

The provisions of the 1974 Act are modified for pensions of those civil servants with a reserved right to the terms of the Superannuations Act 1859. Those pensions are calculated by reference to pay on the last day of service rather than the average salary over a 12-month period. The effect of the modification is that no increase is payable on such pensions which begin after the specified relevant date.

Under the powers in section 4(3)(a) of the 1974 Act the Regulations provide for increases payable by virtue of the Regulations to take effect from 1st December 1973.