The Overseas Service (Pensions Supplement) (Amendment) Regulations 1996

• Citation: S.I. 1996/1476
• Sections: 6

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Overseas Service (Pensions Supplement) (Amendment) Regulations 1996 and shall come into force on 1st July 1996.

(2) In these Regulations, “the principal regulations” means the Overseas Service (Pensions Supplement) Regulations 1995 .

Section 2 Amendment of the principal Regulations

In regulation 6 of the principal Regulations, after paragraph (2) there shall be inserted the following paragraph:—

(2A) Where part of a principal pension is allocated under the Overseas Service (Allocation of Pension) (Amendment) Scheme 1991 to provide a pension for a spouse or dependant of the officer entitled to the principal pension, the increasable rate of the principal pension shall for the purpose of calculating supplement in respect of any period beginning on or after the date when the allocation takes effect be that part of the increasable rate determined under paragraph (1) which has not been so allocated.

Section 3 Amendment of the principal Regulations

In regulation 18 of the principal Regulations, at the end the full stop shall be deleted and there shall be added–

, less the exchange rate loss determined under regulation 19A, so far as not exceeding that sum.

Section 4 Amendment of the principal Regulations

After regulation 19 of the principal Regulations there shall be inserted the following regulation:–

Exchange rate loss

(19A)

(1) In the case of a pension payable in a currency other than sterling, where the current sterling value of the increasable rate of the pension calculated using the rate of exchange provided in regulation 20 is less than its sterling value calculated using the rate of exchange provided in regulation 22, the amount of the difference shall be the exchange rate loss for the purpose of regulation 18.

(2) Paragraph (1) shall also apply to a pension which is treated as payable in a currency other than sterling by virtue of regulation 5, but not if it is converted into sterling for the purpose of payment at the rate of exchange specified in a Public Officers' Agreement concluded between Her Majesty’s Government in the United Kingdom and the government of an overseas territory.

Section 5 Amendment of the principal Regulations

In regulation 20 of the principal Regulations, for the words “regulation 19(b)” there shall be substituted the words “regulations 19(1)(b) and 19A”.

Section 6 Amendment of the principal Regulations

In Schedule 2 to the principal Regulations, for paragraph 11 there shall be substituted the following paragraph:–

Determination of total overseas increase on notional pension

(11) The total overseas increase on the notional pension shall be determined as follows:–

(a) all the overseas increases on all the pensions comprised in the notional pension shall be added together;

(b) where the notional pension includes any pensions to which regulation 19A applies, any exchange rate losses determined under regulation 19A in respect of those pensions shall be added together; and

(c) the total overseas increase shall be the amount determined under sub-paragraph (a) less the amount determined under sub-paragraph (b), so far as not exceeding the amount determined under sub-paragraph (a).