The Overseas Service (Pensions Supplement) Regulations 1995

Chapter II of Part III, with Schedule 4, makes provision for adaptations of the application of Part I of the Act specifically in relation to earnings-related pensions, that is pensions of officers or their dependants which are calculated by reference to the officer’s earnings.

Chapter III of Part III, with Schedules 5 and 6, makes provision for adaptations of the application of Part I of the Act specifically in relation to contributory derivative pensions, that is dependants' pensions calculated by reference to the officer’s contributions and age. In particular, since these pensions are based on contributions over a period of years, the calculation of addition is adjusted accordingly. In this calculation the pension so far as based on earlier contributions will qualify for higher increases than the pension so far as based on later contributions. A significant change compared to previous Regulations is that in these calculations all periods will be reckoned to the nearest day, instead of the nearest year.

Part IV of the Regulations provides for the calculation of total overseas increase. In terms of regulation 18 it is the sum of the individual overseas increases. Regulation 19, supplemented by regulation 20, defines what are overseas increases and provides for their calculation.

Part V of the Regulations makes miscellaneous and supplementary provision.

Regulation 21 makes new provision for the calculation of supplement on pensions of dependants of certain officers who served in the Federation of Rhodesia and Nyasaland.

Regulation 22 with Schedule 7 makes provision for the conversion of pensions and overseas increases from overseas currencies to sterling.

Regulation 23 provides for application for supplement. Regulation 24 provides for revision of supplement to reflect revision of overseas increases. It also authorises recovery of overpayments by set-off. Regulation 25 with Schedule 8 provides for revocation of the previous regulations. Regulation 26 makes saving provision to safeguard existing recipients of supplement from worsenment, and also makes transitional provision for payments of supplement outstanding when the Regulations come into force.

Copies of documents referred to in the Regulations which are not United Kingdom Acts or statutory instruments are available, wherever practicable, from the Overseas Pensions Department, Overseas Development Administration, Abercrombie House, Eaglesham Road, East Kilbride, Glasgow G75 8EA.

Footnotes

[^f00001]: 1971 c. 56. Section 11 was amended by the Overseas Pensions Act 1973 (c. 21), section 4(2) and Schedule 2; section 11A was inserted by section 4(1) of that Act; section 13(2) was amended by the Superannuation Act 1972 (c. 11), Schedule 6, paragraph 88.

[^f00002]: See the Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981 (S.I. 1981/1670).

[^f00003]: 1973 c. 21.

[^f00004]: 1975 c. 60; section 59(7) of that Act provides that sections 59 and 59A and the Pensions (Increase) Act 1971 shall have effect as if sections 59 and 59A were contained in Part I of the 1971 Act. Section 59 was amended by the Social Security Act 1979 (c. 18), section 11(1), (2) and (3) and Schedule 3, paragraph 20; by the Social Security Act 1985 (c. 53), Schedule 5, paragraph 33, and Schedule 6; by the Social Security Act 1986 (c. 50), section 9(8); by the Pensions (Miscellaneous Provisions) Act 1990 (c. 7), sections 1(7) and 5(1) and (2); by the Social Security (Consequential Provisions) Act 1992 (c. 6), Schedule 2, paragraph 34 and by the Pension Schemes Act 1993 (c. 48), Schedule 8, paragraph 9(1). Section 59A was inserted by the Social Security Act 1979, section 11(4), amended by the Social Security Act 1986 (c. 50), section 9(9) and by the Pension Schemes Act 1993, Schedule 8, paragraph 9(2).

[^f00005]: The Overseas Superannuation Scheme and regulations made under it have effect as a scheme made under section 2 of the Overseas (Pensions) Act 1973 (c. 21) by virtue of subsection (4A) of that section. Subsection (4A) was inserted by the Overseas Superannuation Act 1991 (c. 16), section 1(3). Copies of the Scheme and regulations are available from the Overseas Pensions Department, Overseas Development Administration, Abercrombie House, Eaglesham Road, East Kilbride, Glasgow.

[^f00006]: Paragraph 4 of Schedule 2 to the Act was amended by the Superannuation Act 1972 (c. 11), Schedule 6, paragraph 89(a).

[^f00007]: Section 4 was amended by the Superannuation Act 1972, Schedule 6, paragraph 84 and by the Pensions (Miscellaneous Provisions) Act 1990 (c. 7) (“the 1990 Act”), section 2.

[^f00008]: Section 8(1) was amended by the 1990 Act, section 7(1).

[^f00009]: Section 8(2) was amended by the 1990 Act, section 1(5).

[^f00010]: Section 9(1) was amended by the 1990 Act, section 7(2).

[^f00011]: Section 1 of the Act was amended by the Pensions (Increase) Act 1974 (c. 9), section 3(3)(a).

[^f00012]: Section 6 of the Act was amended by the Pensions (Increase) Act 1974, section 3(3)(a).

[^f00013]: 1920 c. 36; repealed by the Act, Schedule 7.

[^f00014]: 1944 c. 21; repealed by the Act, Schedule 7.

[^f00015]: S.I. 1969/553.

[^f00016]: Section 2 was repealed by the Social Security Pensions Act 1975 (c. 60), Schedule 5, but without prejudice to any existing orders under that section.

[^f00017]: S.I. 1976/1356.

[^f00018]: S.I. 1977/1387.

[^f00019]: 1975 c. 60; section 59 was amended by the Social Security Act 1979 (c. 18), section 11(1), (2) and Schedule 3 paragraph 20; by the Social Security Act 1985 (c. 53), Schedule 5, paragraph 33 and Schedule 6; by the Social Security Act 1986 (c. 50), section 9(8); by the Pensions (Miscellaneous Provisions) Act 1990 (c. 7), sections 1(7) and 5(1) and (2); by the Social Security (Consequential Provisions) Act 1992 (c. 6), Schedule 2 paragraph 34, and by the Pension Schemes Act 1993 (c. 48), Schedule 8, paragraph 9(1).

[^f00020]: S.I. 1977/320; amended by S.I. 1977/1675, 1979/1277 and 1982/686 and revoked by these Regulations.

[^f00021]: 1962 c. 2; repealed by the Act, Schedule 7.

[^f00022]: 1920 c. 36; section 1 was amended by the Statute Law Revision Act 1927 (c. 42), Schedule; the Act was repealed by the Pensions (Increase) Act 1971 (c. 56) (“the 1971 Act”), Schedule 7.

[^f00023]: 1944 c. 21; section 1 was amended by the Pensions (Increase) Act 1947 (c. 7), section 1(1); by the Pensions (Increase) Act 1956 (c. 39), Schedule 5; by the Pensions (Increase) Act 1962 (c. 2), section 5(1); the Act was repealed by the 1971 Act, Schedule 7.

[^f00024]: 1952 c. 45; section 1 was amended by the Pensions (Increase) Act 1956 (c. 39), Schedule 5; the Act was repealed by the 1971 Act, Schedule 7.

[^f00025]: 1956 c. 39; section 1 was amended by the Pensions (Increase) Act 1965 (c. 78), section 2(5)(b); the Act was repealed by the 1971 Act, Schedule 7.

[^f00026]: 1959 c. 50; repealed by the 1971 Act, Schedule 7.

[^f00027]: 1965 c. 78; repealed by the 1971 Act, Schedule 7.

[^f00028]: 1969 c. 7; repealed by the 1971 Act, Schedule 7.

[^f00029]: Section 5(3) of the Act was amended by the Social Security Pensions Act 1975 (c. 60), Schedule 4, Part 1, paragraph 18; the relevant regulations at present are S.I. 1976/889.

[^f00030]: See Footnote to regulation 6(6).