The Pensions (Preservation of Increases) Order 1971

• Citation: S.I. 1971/1316
• Sections: 69

Section 1 Citation and commencement

(1) This order may be cited as the Pensions (Preservation of Increases) Order 1971.

(2) This order shall come into operation on 1st September 1971.

Section 2 Construction

(1) The Interpretation Act 1889 shall apply for the interpretation of this order as it applies for the interpretation of an Act of Parliament.

(2) In this order—

(a) “ the 1971 Act ” means the Pensions (Increase) Act 1971 , “ the 1944 Act ” means the Pensions (Increase) Act 1944 , and similarly with other expressions of the same kind;

(b) “ average emoluments ” and “ final emoluments ” mean, in relation to a pension payable in respect of a person's service in an office or employment, the average rate of the relevant emoluments over a period of service in the office or employment and the rate of the relevant emoluments in the office or employment received immediately before the pension begins, respectively ;

(c) “ averaging period ” , in relation to a pension computed by reference to average emoluments, means the period of service by reference to which the average emoluments fall to be determined ;

(d) “ the supplement ” means the addition to the 1971 rate which is dealt with by Article 9 of this order (in accordance with section 6(5) of the 1971 Act) ;

and (without prejudice to any further operation of section 31 of the Interpretation Act 1889) this order is to be construed in accordance with the definitions and other interpretative provisions repeated from the 1971 Act in Part I of Schedule 1 to this order.

(3) Any reference in this order to a rate of pension or emoluments is a reference to the annual rate.

(4) This order has effect subject to any provision made in the exercise of the powers conferred by section 5(3) of the 1971 Act.

Section 3 Interpretation and use of Tables

(1) In the Tables annexed to this order the expression “up to”, where used with reference to a date, is to be read as including that date, but in a head or line preceded by one operating by reference to an earlier date as excluding the time up that earlier date, except in any case to which the preceding head or line does not apply; and similarly where the expression “up to” is used with reference to a rate of pension.

(2) To find from the relevant Table the 1971 rate (with or without supplement) for any pension, the head or line to be used is that relevant to the date when the pension begins; and the basic rate or other rate on which the Table operates for that pension is to be multiplied by the figure given in the column headed by the multiplication sign, and to the result so obtained there is to be added any amount given in a column headed by the £ sign.

(3) The Tables giving the 1971 rate include in a separate division figures indicating, in terms of the basic rate of a pension to which the Table applies, where the 1971 rate (with or without supplement) or the 1969 standard is the higher; but this division is not to be treated as having operative effect, and the indications given are not applicable in cases where the comparison is affected either—

(a) by apportionment of any increase or of the supplement; or

(b) by a reduction in the 1971 rate on account of a war increase in the pension;

unless the apportionment or reduction affects only a 1944 element to be derived from another Table.

Except in cases where the comparison is so affected, in this division of any Table—

(i) a single figure indicates the basic rate up to which the 1971 rate, with or without supplement according to the column, would be used as being higher than the 1969 standard and above which the 1969 standard would be used;

(ii) a pair of figures indicates, for cases where the 1971 rate depends on variable factors other than the basic rate, by the lower figure the basic rate up to which the 1971 rate would be used in all cases, and by the higher figure the basic rate at or above which it would not be used;

(iii) the expression “nil” is accordingly used to indicate that the 1969 standard is always higher than the alternative, and the expression “not relevant” (or the abbreviation “n/r”) is used to indicate that the 1969 standard cannot be the higher;

(iv) a dash is used to indicate that variable factors prevent the giving of an indication;

(v) where in a pair of figures one figure is replaced by a dash, the figure given is to be treated as the higher or lower figure of a pair according to its position on the right or on the left.

Section 4 Application of order, and revocation of superseded provisions

(1) This order applies to the pensions specified in Schedule 2 to the order, except that it does not apply either—

(a) to any pension that qualified for an increase under the 1920 Act; or

(b) to any lump sum or gratuity other than a gratuity specified in section 9(8) of the 1971 Act (which is repeated in Part II of Schedule 1 to this order).

(2) Schedule 2 to this order notes for each description of pension the Act under or by reference to which increases dealt with by this order were first payable on pensions of that description, and references in this order to a pension being, or not being, within the 1944 Act or another Act of the series are to be construed as references to its being, or not being, noted in that Schedule as within the Act mentioned.

(3) In relation to pensions that are not within the 1944 Act, this order is to have effect as if provisions applying only to pensions beginning on or before 1st April 1947, or relating to a 1944 element, were omitted.

(4) This order does not apply to pensions other than those to which it is applied by paragraph (1) above, and in particular it does not apply to pensions which would not be noted in Schedule 2 as within the 1962 Act or an earlier Act (the 1969 standard for these pensions being in all cases higher than the 1971 rate and no supplement being payable).

(5) There is hereby revoked any order specified in Schedule 3 to this order, or so much of it as is there included (the provisions there included being provisions which are superseded by there being treated as relevant increases for purposes of section 6 of the 1971 Act and this order any increases of pension authorised by those provisions by reference to the relevant increases.)

Section 5 Ascertainment of 1971 rate

(1) Except as otherwise provided in this order, the 1971 rate of a pension (unless that rate is, in accordance with section 6(3) of the 1971 Act, to be taken to be the rate at which the pension is being paid on 31st August 1971) shall as ascertained in accordance with the following provisions of this Article from the Tables annexed to this order.

(2) For earnings-related pensions based on final emoluments, the Tables to be used are as follows:—

(a) for a pension beginning on or before 31st March 1952—

(i) if it is based on emoluments of less than £1,365, Table I is to be used;

(ii) if it is based on emoluments of £1,365 or over, Table II is to be used, but in the case of a pension beginning after 31st December 1947 and based on emoluments less than £1,500 is to be applied as if the basic rate were that appropriate to a pension based on emoluments of £1,500;

(b) for a pension beginning on or after 1st April 1952 (but not after 1st April 1961) Table IA and IIA is to be used.

For a pension beginning after 1st April 1961 the 1969 standard is in all cases higher than the 1971 rate, and accordingly a 1971 rate is not given.

(3) For earnings-related pensions based on average emoluments with an averaging period beginning on or before 1st January 1947, the Tables to be used are as given in sub-paragraphs ( a ) and ( b ) below, but in cases within paragraph ( c ) are to be applied as there mentioned:—

(a) for a pension beginning on or before 31st March 1952—

(i) if it is based on average emoluments of less than £1,500, Table I is to be used, unless it begins after 1st January 1948 and sub-paragraph (iii) below applies;

(ii) if it is based on average emoluments of £1,500 or over, Table III is to be used;

(iii) if it is based on average emoluments less than £1,500 and begins after 1st January 1948, Table III is to be used, but to be applied as if the basic rate were that appropriate to a pension based on emoluments of £1,500, where the 1971 rate so obtained is less than under Table I (as will happen if the emoluments are over £1,365 multiplied by the figure represented in Table III by the symbol Q);

(b) for a pension beginning on or after 1st April 1952, Table IIIA and IVA is to be used, but the basic rate is to be treated as increased, as mentioned in the notes to the Table, according to the proportion of the averaging period falling before the time there indicated;

(c) in the case of pensions beginning on or after 1st April 1947, but with an averaging period beginning before 1st April 1946—

(i) if the pension begins on or before 31st March 1952, the rate given by Table I or III is to be increased by the addition of the adjusted 1944 element, if any, to be derived from Table V;

(ii) if the pension begins on or after 1st April 1952, the multiplier in Table IIIA and IVA is to be applied to the basic rate further increased (after the increase referred to in paragraph ( b ) above) by the adjusted 1944 element, if any, to be derived from Table V.

(4) For earnings-related pensions based on average emoluments with an averaging period beginning after 1st January 1947, the Tables to be used are as follows:—

(a) for a pension beginning on or before 31st March 1952—

(i) if it is based on average emoluments of less than £1,365, Table I is to be used;

(ii) if it is based on average emoluments of £1,365 or over, Table II is to be used, but in the case of a pension based on emoluments of less than £1,500 is to be applied as if the basic rate were that appropriate to a pension based on emoluments of £1,500;

(b) for a pension beginning on or after 1st April 1952—

(i) if it is based on average emoluments of less than £1,500, with an averaging period beginning on or before 1st April 1951, Table IIIA and IVA is to be used, but the basic rate is to be treated as increased, as mentioned in the notes to the Table, according to the proportion of the averaging period falling before the time there indicated;

(ii) otherwise Table IA and IIA is to be used, unless the pension begins after 1st April 1961.

For a pension beginning after 1st April 1961 (and not based on average emoluments of less than £1,500 with an averaging period beginning on or before 1st April 1951) the 1969 standard is in all cases higher than the 1971 rate, and accordingly a 1971 rate is not given in Table IA and IIA.

(5) For flat-rate pensions the Tables to be used are as follows:—

(a) for a pension which is not within the 1944 Act, or which became payable only on or after 1st January 1966—

(i) if it begins on or before 31st March 1952, Table I is to be used; and

(ii) if it begins on or after 1st April 1952 (but not after 1st April 1961) Table IA and IIA is to be used;

(b) for a pension which is within the 1944 Act and became payable on or before 31st December 1965—

(i) if it begins on or before 31st March 1952, Table IV is to be used;

(ii) if it begins on or after 1st April 1952, Table IIIA and IVA is to be used, but the multiplier is to be applied to the basic rate increased by the 1944 element or adjusted 1944 element to be derived from Table V.

For a pension beginning after 1st April 1961 and not within paragraph ( b ) above, the 1969 standard is in all cases higher than the 1971 rate, and accordingly a 1971 rate is not given in Table IA and IIA.

(6) In relation to any of the following, that is to say—

(a) pensions payable under the Police Pensions Act 1921;

(b) pensions payable under any Police Pension repealed by the Police Pensions Act 1948 of the Police and Firemen (War Service) Act 1939 in respect of service which is treated as approved service in a police force; and

(c) pensions payable under the Police Pensions Act 1948 otherwise than in respect of overseas service within the meaning of the Police (Overseas Service) Act 1945;

paragraphs (2), (3) and (4) above shall have effect as if references to 1st January 1947 were references to 2nd July 1948, and references to 31st December 1947 and to 1st January 1948 were references to 1st July 1949, and as if paragraphs (2)( a ) and (3)( a ) each required Table I to be used for any pension beginning on or before 1st July 1949.

Section 6 Effect on 1971 rate of war increases (Tables I, II and III)

(1) Where a pension within the 1944 Act is based on final emoluments and begins on or before 1st April 1947, or is based on average emoluments and begins on or before 31st March 1947, and there has been a war increase in the basic rate of the pension, then the operation of Table I, II or III, if it applies in relation to the pension, shall be modified in accordance with the rules applicable to the case which are contained in the notes to Table V.

(2) For the purpose of the provisions of this order relating to pensions within the 1944 Act, “ war increase ” means any increase which may have resulted from an addition after 3rd September 1939 to the emoluments on which the pension is based, being an addition which the pension authority are satisfied was an addition by way of war bonus or other similar allowance .

Section 7 Apportionments for 1971 rate in case of double pension (Tables I, II, III and IV )

(1) Where a pensioner is in receipt of a pension within the 1944 Act, and—

(a) the pension—

(i) is an earnings-related pension beginning on or before 1st April 1947 if it is based on final emoluments, or on or before 31st March 1947 if it is based on average emoluments; and

(ii) is not one for which head 1 of Table I, II or III is excluded by the rules as to war increases contained in the notes to Table V; or

(b) the pension is an earnings-related pension based on average emoluments which begins after 31st March 1947 but on or before 31st March 1952, with an averaging period beginning before 1st April 1946, and is not one for which the adjusted 1944 element obtained from note 3 to Table V would be nil; or

(c) the pension is a flat-rate pension beginning on or before 31st March 1952 and became payable on or before 31st December 1965;

then, if the pensioner is in receipt also of another pension which is aggregable under paragraph (4) below, Table I, II, III or IV is not to be used to find the 1971 rate of the pension, but that rate shall be arrived at by adding together the adjusted 1944 element, if any, to be derived from Table V, the adjusted 1952 element to be derived from Table VI and the adjusted basic rate.

For this purpose the adjusted basic rate is 1.8887 times the basic rate or, if the basic rate is more than £1,000, is the sum of 1·7170 times the basic rate and £171·70, except for pensions within sub-paragraph ( b ) above which begin after 1st January 1948 and for which, but for this Article, Table III would be used to find the 1971 rate; and for those pensions the adjusted basic rate is the rate given by Table IIIA and IVA as the 1971 rate for a pension beginning on 1st April 1952 and not within the 1944 Act.

(2) Where a pensioner is in receipt of a pension beginning on or before 31st March 1952, and either—

(a) the pension is within the 1944 Act, but paragraph (1) above does not operate in relation to it; or

(b) the pension is within the 1952 Act;

then, if the pensioner is in receipt also of another aggregable pension, the 1971 rate given for the pension first referred to by Table I, II or III shall be reduced by the amount, if any, required by the rules contained in the notes to Table VI.

(3) For purposes of this Article a person for whose benefit a pension is payable shall be deemed to be in receipt of the pension notwithstanding that it is payable to some other person; and—

(a) where a man and his wife are in receipt, one of a substituted pension, and the other of the original pension, then in relation to the 1971 rate of either pension paragraph (1) or (2) above shall apply as if the one in receipt of the original pension were in receipt also of the substituted pension (instead of the one actually in receipt of it); and

(b) where a pensioner is in receipt of a pension described in paragraph (1) or (2) above and payable in respect of the services of the pensioner's deceased husband or wife, and another person is in receipt of a pension so described payable in respect of those services but payable for his benefit to that pensioner, then in relation to the 1971 rate of any of the pensions paragraph (1) or (2) above shall apply as if the person in receipt of it were in receipt also of any other of them; and

(c) where a pensioner is in receipt of a pension described in paragraph (1) above and payable in respect of the services of the pensioner's deceased husband, and a person under the age of 16 who is dependent on her is also in receipt of a pension so described payable in respect of those services (whether or not payable for his benefit to that pensioner), then in relation to the 1971 rate of any of the pensions paragraph (1) above shall apply as if the person in receipt of it were in receipt also of any other of them.

(4) The following pensions are aggregable for purposes of this Article:—

(a) any pension within the 1944 Act which either—

(i) is an earnings-related pension based on final emoluments that begins on or before 1st April 1947; or

(ii) is an earnings-related pension based on average emoluments, that either begins on or before 31st March 1947 or begins at any time before the year 1969 but with an averaging period beginning before 1st April 1946; or

(iii) is a flat rate pension that either begins on or before 1st April 1947 or became payable on or before 31st December 1965;

(b) subject to paragraph (6) below, any service pension of which the rate is increasable by an amount corresponding to the 1944 element;

(c) any pension in the case of which an increase is payable under any scheme (wherever in force and whether or not authorised by or under any enactment) which was determined for the corresponding purpose of the 1944 Act and 1947 Act to be similar to the provisions of those Acts.

(5) In relation to the 1952 element the following pensions are also aggregable for purposes of this Article:—

(a) any pension within the 1952 Act that begins on or before 31st March 1952;

(b) subject to paragraph (6) below, any service pension of which the rate is increasable by an amount corresponding to the 1952 element;

(c) any pension in the case of which an increase is payable under any scheme (wherever in force and whether or not authorised by or under any enactment) which was determined for the corresponding purpose of the 1952 Act to be similar to the provisions of that Act.

(6) In paragraphs (4) and (5) above “ service pension ” means a pension granted under any Order in Council, Royal Warrant or Order of Her Majesty in respect of service in Her Majesty's naval, military or air forces, whether that service has been rendered by the pensioner or by any other person; but there shall be disregarded—

(a) the whole of any service pension granted solely on account of death or disablement which is attributable to service in those forces, or granted partly on account of death or disablement which is so attributable but without any specific part of the pension being referable to the death or disablement; and

(b) so much as is specifically referable to the death or disablement of any other pension granted partly on account of death or disablement which is so attributable.

For purposes of sub-paragraphs ( a ) and ( b ) above a person's death or disablement shall be treated as attributable to service in Her Majesty's naval, military or air forces, if it is wholly or partly due to any wound, injury or disease which has been caused or aggravated by service in those forces.

(7) In the case of a pension aggregable by virtue of paragraph (4)( c ) or (5)( c ) above, account may be taken of it to such greater or less extent as was determined, by the determination there referred to, to have been appropriate for the corresponding purpose of the 1944 Act and 1947 Act or of the 1952 Act, as the case may be.

Section 8 Adaptations for 1971 rate for derivative pensions under Superannuation Acts 1965 and 1967

(1) Where a pension payable under Part III or IV of the Superannuation Act 1965 enures for the benefit of more than one child or dependant, the pension shall be treated for the purpose of determining the 1971 rate (including any purpose of Article 7 of this order) as a number of separate pensions equal to the number of those children or dependants; and the amount of each pension shall be deemed for that purpose to be a sum ascertained—

(a) where the whole of the pension is paid to the same person, by dividing the amount of the pension by the number of children or dependants; and

(b) where different parts of the pension are paid to different persons, by dividing each part by the number of children or dependants for whose benefit that part is paid.

(2) Where two or more pensions are payable either—

(a) under Part III or IV of the Superannuation Act 1965 in respect of children or dependants of the same person; or

(b) in accordance with a warrant issued or having effect as issued under section 18 of that Act is respect of children of the same person;

and the pensions are paid to one person for the benefit of the pensioners but the case is not within Article 7(3)(b) of this order, that Article shall apply as if the same pensioner were in receipt of both or all those pensions.

Section 9 Amount of supplement

(1) Where a pension begins on or before 1st April 1961, and any qualifying condition is satisfied other than one of the conditions specified in section 3(3)(b), (c) and (d) of the 1971 Act (which relate to pensioners in receipt of derivative pensions while of an age less than 16 or receiving education or training) the addition to be made to the 1971 rate in accordance with section 6(5) of that Act shall, subject to paragraph (2) below, be of the amount which—

(a) is given by reference to the 1971 rate in Table VII annexed to this order; and

(b) is incorporated by reference to the basic rate in Tables I, II, IA and IIA, IV and IIIA and IVA for the pensions (or some of the pensions) to which those Tables apply.

(2) Where the supplement may be added to the 1971 rate of a pension, and the pensioner is in receipt also of another aggregable pension, then the amount of the supplement shall be reduced by the amount, if any, required by the rules contained in the notes to Table VII.

(3) For purposes of paragraph (2) above, a person for whose benefit a pension is payable shall be deemed to be in receipt of the pension notwithstanding that it is payable to some other person; and, where a man and his wife are in receipt, one of a substituted pension, and the other of the original pension, then in relation to the supplement payable on either pension paragraph (2) above shall apply as if the one in receipt of the original pension were in receipt also of the substituted pension (instead of the one actually in receipt of it).

(4) The following pensions are aggregable for purpose of paragraph (2) above:—

(a) any pension in the case of which the supplement may be added to the 1971 rate;

(b) subject to paragraph (5) below, any service pension of which the rate is increasable by an amount corresponding to the supplement;

(c) any pension in the case of which an increase is payable under any scheme (wherever in forced and whether or not authorised by any enactment) which was determined for the corresponding purpose of the 1962 Act to be similar to the provisions of that Act.

(5) Article 7(6) above shall apply for purposes of paragraph (4) of this Article as it applies for purposes of Article 7(4) and (5).

(6) In the case of a pension aggregable by virtue of paragraph (4)( c ) above the provisions of this Article and of Table VII as to the reduction of the supplement where the pensioner is in receipt of more than one pension shall apply subject to the like modifications, if any, as were directed to have effect for the corresponding purpose of the Act of 1962.

Section 10 Continuation for certain earnings-related pensions of increase under 1944 Act and 1956 Act

(1) In respect of any period beginning on or after 1st September 1971 the rate of an earnings-related pension based on average emoluments and beginning after the year 1968 may, if it falls within paragraph (2) or (3) below, be increased (in accordance with section 6(6) of the 1971 Act) by the amount indicated in that paragraph, and any increase under section 1 or 2 of the 1971 Act shall be calculated by reference to the rate of pension as so increased as if it were the basic rate.

(2) A pension within the 1944 Act, if the averaging period began on or before 1st April 1946, may be increased by the addition of the adjusted 1944 element, if any, to be derived from Table V by applying paragraph (1)(a) and (b) and paragraph (2) (but not paragraph (1)(c)) of note 3 to that Table.

(3) A pension within the 1956 Act or any earlier Act, if the averaging period began on or before the earlier relevant date, may be increased or further increased (after any increase authorised by paragraph (2) above) by the appropriate fraction of the basic rate or, if that is more than £1,000, by the appropriate fraction of £1,000, subject however to the restriction imposed by paragraph (5) below in the case of a pension based on average emoluments of less than £1,500.

The appropriate fraction for this purpose is one-tenth of the fraction that results from dividing by the total number of half-years in the averaging period the number of them ending on or before the later relevant date (any incomplete half-year at the end of the period being disregarded).

(4) The dates referred to in paragraph (3) above are as follows:—

(a) in relation to a pension based on average emoluments of £1,500 or over, the earlier relevant date is 1st January 1947 and the later relevant date is 31st December 1947;

(b) in relation to a pension based on average emoluments of less than £1,500, the earlier relevant date is 1st April 1951 and the later relevant date is 31st March 1952.

(5) A pension based on average emoluments of less than £1,500 is not to be increased under paragraph (2) above—

(a) if the averaging period began after 1st January 1947, by more than would raise its basic rate to that appropriate to a pension based on average emoluments of £1,500; or

(b) if the averaging period began on or before 1st January 1947, by more than would raise its basic rate to that appropriate to a pension based on average emoluments of £1,500 plus the addition that could be made to it under paragraph (2).

Section 8 Meaning of “pension” and “beginning”

(1) For purposes of this Act “ pension ” includes (subject to section 9 below) —

(a) any allowance or other benefit payable (either in respect of the services of the pensioner or in respect of the services of any other person) by virtue of any superannuation scheme, whether contained in an enactment or otherwise, including a superannuation scheme providing benefits in the case of injury or death; and

(b) any compensation payable in respect of retirement from an office or employment in pursuance of the provisions of an enactment, any compensation payable in respect of the loss, abolition or relinquishment of an office or employment occasioned by an alteration in the organisation of a department or service or by a transfer or other reorganisation of the functions of local authorities, and any compensation payable in respect of a diminution in the emoluments of an office or employment which has been occasioned as aforesaid.

(2) A pension shall be deemed for purposes of this Act to begin on the day following the last day of the service in respect of which the pension is payable (whenever the pension accrues or becomes payable), except that—

(a) an earnings-related pension based, directly or indirectly, on emoluments received for a period not ending with the last day of that service, other than a substituted pension, is to be deemed to begin on the day following the last day of that period; and

(b) a substituted pension is to be deemed to begin on the same day as the original pension, or, if earlier, on the day from which the surrender of the original pension takes effect.

Section 9

(8) The gratuities to which subsection (7) above applies are—

(a) any gratuity granted by way of periodical payments under any of the following enactments:—

(i) section 23 of the Local Government and other Officers' Superannuation Act 1922;

(ii) paragraph 4 of Part I of Schedule 1 to the Local Government (Clerks) Act 1931;

(iii) section 11 of the Local Government Superannuation Act 1937 or of the Local Government Superannuation (Scotland) Act 1937;

(b) any gratuity granted by way of periodical payments or by way of an annuity under section 18 of the Local Government Superannuation Act 1953;

(c) any gratuity granted by way of periodical payments or by way of an annuity under any local Act (or provisional order confirmed by Parliament) corresponding to any of the enactments mentioned in paragraphs ( a ) and ( b ) above.

Any question whether a local Act or provisional order corresponds to any of the enactments mentioned in paragraphs ( a ) and ( b ) above shall be determined, in the event of dispute, by the Secretary of State.

Section 17 Other definitions

(1) For purposes of this Act, unless the context otherwise requires,—

“ basic rate ” means the annual rate of a pension apart from any increase under or by reference to this Act or any enactment repealed by this Act, or any corresponding increase made otherwise than under or by reference to this Act or an enactment repealed by it ;

“ derivative pension ” and “ principal pension ” mean a pension which is not, and one which is, payable in respect of the pensioner's own services ;

“ earnings-related pension ” means a pension computed by reference to a rate of emoluments (whether actual emoluments or not and whether final or average emoluments), or payable at alternative rates one of which is so computed, and includes a derivative pension computed by reference to the rate of an earnings-related pension ;

“ flat rate ” means a rate fixed otherwise than by reference to a rate of emoluments or to the rate of another pension , and “ flat-rate pension ” means a pension payable at a flat rate only, but includes a derivative pension computed by reference to the rate of a flat-rate pension ;

“ substituted pension ” means a pension granted in consideration of the surrender of the whole or part of another pension (“the original pension”) .

Section 2

A pension payable under the Lord Chancellor's Pension Act 1832.[1962 Act.]

Section 3

A pension payable under Mr. Speaker Morrison's Retirement Act 1959. [1962 Act.]

Section 4

A pension payable under the Superannuation Acts 1965 and 1967:—

(a) payable under Part III or IV of the Superannuation 1965. [1952 Act];

(b) payable otherwise than under Part III or IV of that Act. [1944 Act.]

Section 5

A pension payable under any of the following:—

(a) the Appellate Jurisdiction Act 1876 (Lords of Appeal);

(b) section 14 of the Supreme Court of Judicature (Consolidation) Act 1925 (higher judiciary in England and Wales);

(c) the Judges' Pensions (Scotland) Act 1808 (higher judiciary in Scotland);

(d) section 19 of the Supreme Court of Judicature Act (Ireland) 1877 (higher judiciary in Northern Ireland). [1962 Act.]

Section 6

A pension payable out of the Consolidated Fund or out of moneys provided by Parliament under Part I of the Administration of Justice (Pensions) Act 1950 (widows and children of judges and senior officials in the legal system, including the Chairman and Deputy Chairman of the Monopolies Commission). [1952 Act.]

Section 7

A pension payable under section 9 of the County Courts Act 1934 (county court judges). [1944 Act.]

Section 8

A pension payable under section 20 of the Sheriff Courts (Scotland) Act 1907 (sheriffs and salaried sheriffs-substitute). [1944 Act.]

Section 9

A pension payable under section 34(1) of the Courts-Martial (Appeals) Act 1951 (Judge Advocate General). [1959 Act.]

Section 10

A pension payable under section 4(5) of the Criminal Justice Administration Act 1956 (Recorder of Manchester or Liverpool). [1962 Act.]

Section 13

A pension payable under the Police Magistrates (Superannuation) Acts 1915 and 1929. [1944 Act.]

Section 14

A pension payable by a Secretary of State under the Police (Overseas Service) Act 1945 to a person who at the time of his retirement was engaged as mentioned in section 1(1) of the Act. [1952 Act.]

This paragraph includes a substituted pension not so payable if the original pension is so payable.

Section 15

A pension payable by a Secretary of State under the Police Pensions Act 1948 to a person who at the time of his retirement was engaged as mentioned in section 1(1) of the Police (Overseas Service) Act 1945. [1944 Act.]

This paragraph includes a substituted pension not so payable if the original pension is so payable.

Section 16

A pension payable by a Secretary of State in accordance with a scheme in force under section 26 of the Fire Services Act 1947. [1956 Act.]

This paragraph does not apply to a flat-rate pension, except where the rate depends on section 27(3) of that Act.

Section 17

A pension payable under the Elementary School Teachers (Superannuation) Acts 1898 to 1912. [1944 Act.]

Section 18

A pension payable under the Teachers (Superannuation) Acts 1918 to 1956. [1944 Act.]

This paragraph does not include—

(a) a pension specified in paragraph 56 of this Schedule; or

(b) so much of any pension payable under the said Acts of 1918 to 1956 as would not have been payable apart from an election under section 10(1) of the Teachers (Superannuation) Act 1956.

Section 19

A pension payable under the Education (Scotland) Acts 1939 to 1967. [1944 Act.]

This paragraph does not include a pension granted under Regulation 45 of the Teachers (Superannuation) (Scotland) Regulations 1957.

Section 20

A pension payable under regulations made under section 1 of the Teachers' Superannuation Act 1967. [1944 Act.]

Section 21

A pension payable under the Teachers Superannuation (Scotland) Act 1968. [1944 Act.]

Section 22

A pension payable by a Secretary of State under or by virtue of any of the following:—

(a) section 6 of the National Health Service Act 1946 or of the National Health Service (Scotland) Act 1947 (former officers of voluntary hospitals). [1952 Act];

(b) section 67 or 68 of the National Health Service Act 1946 or section 66 or 67 of the National Health Service (Scotland) Act 1947 (former officers of hospital authorities and others engaged in health services). [1944 Act.]

Section 23

A pension payable by a Secretary of State in consequence of any change affecting the National Health Service and payable in pursuance of an order under section 11(9) of the National Health Service Act 1946. [1959 Act].

Section 24

A pension payable by a Secretary of State in pursuance of regulations made under section 67 of the National Insurance Act 1946 (loss of employment or diminution of emoluments attributable to passing of that Act of former employees of approved societies etc.). [1952 Act.]

Section 25

A pension payable in pursuance of rules made under section 3 of the Superannuation (Miscellaneous Provisions) Act 1948 (former employees of approved societies etc.). [1952 Act.]

This paragraph does not include a pension payable under the Superannuation Acts 1965 and 1967.

Section 27

A pension payable under the Governors Pensions Acts 1957 and 1967 and beginning before 18th December 1947. [1944 Act.]

Any other pension payable under those Acts. [1952 Act.]

Section 28

A pension payable under the Judges Pensions (India and Burma) Act 1948. [1944 Act.]

Section 29

A pension payable under the Diplomatic Salaries &c. Act 1869. [1944 Act.]

Section 30

A pension payable under Schedule 8 to the Government of Ireland Act 1920 (former Irish civil servants). [1944 Act.]

Section 31

A pension payable to or in respect of an existing Irish officer within the meaning of the Government of Ireland Act 1920, under the Superannuation Acts 1834 to 1965. [1944 Act.]

Section 32

A pension payable under the enactments relating to pensions of the Royal Irish Constabulary. [1944 Act.]

This paragraph does not include a pension payable under regulations made under section 1 of the Royal Irish Constabulary (Windows' Pensions) Act 1954.

Section 34

A pension payable under the following (compensation to tax collectors and assessors for loss of employment)—

(a) section 29 of the Finance Act 1932 [1944 Act]; or

(b) section 60 of the Finance ( No. 2) Act 1945 or section 62 of the Finance Act 1946. [1952 Act.]

Section 36

A widow's pension payable by a Secretary of State in accordance with a scheme framed by the then Army Council under the Injuries in War (Compensation) Act 1914 (Session 2) for established civil servants employed abroad within the sphere of military operations. [1944 Act.]

Section 39

A pension payable by a local authority in respect of service ending with local government service. [1944 Act.]

This paragraph does not include—

(a) a pension payable, in respect of service as a member of a fire brigade, in accordance with a scheme in force under section 26 of the Fire Services Act 1947;

(b) a pension within paragraph 45 of this Schedule;

(c) a pension payable by a police authority under regulations made under section 60(2) of the Local Government Act 1958 or section 85(4) of the London Government Act 1963 (compensation for loss of employment or emoluments due to reorganisation of local government etc.).

Section 40

A pension payable under section 33 of the Justices of the Peace Act 1949 (stipendiary magistrates). [1959 Act.]

Section 41

A pension payable by a local authority under Part I of the Administration of Justice (Pensions) Act 1950 (widows and children of stipendiary magistrates and of chairmen and deputy chairmen of London Sessions). [1959 Act.]

Section 42

A pension payable under section 22 of the Administration of Justice (Pensions) Act 1950 (chairmen and deputy chairmen of London Sessions). [1962 Act.]

Section 43

A pension payable under any of the following:—

(a) the Police Pensions Act 1948, or any enactment repealed by that Act or by the Police Pensions Act 1921;

(b) section 34 of the Police Act 1964;

(c) section 26 of the Police (Scotland) Act 1967;

other than a pension within paragraph 14 or 15 above, or a pension payable by a Secretary of State under the Police Pensions Act 1948 to a person who at the time of his retirement was engaged in service in respect of which the provisions of section 5 of the Overseas Service Act 1958 had effect, or serving as an inspector or assistant inspector of constabulary under the Police Act 1964 or the Police (Scotland) Act 1967, or engaged in central service pursuant to section 43 of the Police Act 1964 or section 38 of the Police (Scotland) Act 1967, or a substituted pension of which the original pension is so payable. [1944 Act.]

This paragraph does not include a derivative pension other than a substituted pension, nor a substituted pension if the original pension was a derivative pension.

Section 44

A pension payable by a local authority, in respect of service as a member of a fire brigade, in accordance with a scheme in force under section 26 of the Fire Services Act 1947:—

(a) payable in respect of whole-time service [1944 Act];

(b) payable in respect of part-time service ending on or after 10th July 1956, other than a derivative pension [1962 Act].

This paragraph does not apply to a flat-rate pension, except where the rate depends on section 27(3) of that Act.

Section 45

A pension payable by a local authority in respect of—

(a) service as a professional fireman (as defined by the Fire Brigade Pensions Act 1925); or

(b) service which, by or under any enactment, is treated as approved service in a fire brigade;

other than a pension payable in accordance with a scheme in force under section 26 of the Fire Services Act 1947. [1944 Act.]