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U.K.

Superannuation Act 1965

1965 CHAPTER 74

An Act to consolidate the Superannuation Acts 1834 to 1965 and certain other enactments relating to the superannuation of civil servants and other persons employed in the civil service of the State.

[8th November 1965]

Modifications etc. (not altering text)

Commencement Information

I1Act wholly in force at 8.12.1965 see s. 106

Part IU.K. Superannuation Benefits

1—37.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1U.K.

Textual Amendments

Service in civil service preceded or followed by service in other public office or approved employmentU.K.

38 Employment in more than one public office. U.K.

(1)[F2The Minister for the Civil Service] may make rules with respect to the superannuation benefits payable to or in respect of persons who have been employed in more than one public office.

(2)Rules under this section may in particular in relation to such persons—

(a)modify [F3any] enactments forming part of the law of the United Kingdom or any part thereof F4. . . which are for the time being in force and under which pensions are payable in respect of employment in a public office,

(b)apply the provisions of [F5the civil service scheme, with or without modifications, in substitution for any] enactments forming part of the law of the United Kingdom or any part thereof F4. . ., notwithstanding that [F5that scheme] is not otherwise applicable in relation to any of those public offices,

(c)make provisions as to the manner in which any pensions are to be defrayed, and in particular make provision for the payment of a transfer value by one pension authority to another, including the payment of a transfer value out of the Exchequer,

(d)define the kinds of public offices which are to be treated for the purposes of the rules as different public offices,

and rules under this section may include such supplemental and incidental provisions as appear to [F2the Minister for the Civil Service] to be expedient.

(3)Rules under this section may provide either for separate pensions under the respective enactments relating to the different employments or for a single pension under the enactments relating to the later or latest employment (or by virtue of subsection (2)(b) of this section under [F6the civil service scheme] or employ partly the one method and partly the other:

Provided that if the rules provide for separate pensions in relation to different public offices the rules shall not modify [F6the civil service scheme] or any other enactments so as to include as reckonable service in computing one of the separate pensions service in a public office in respect of which another of those separate pensions is payable.

(4)Rules under this section may be so framed as to apply to persons ceasing to be employed in one public office and becoming employed in another notwithstanding that the cessation of the first employment or the commencement of the second employment was before the date of the making of the rules:

Provided that no rules shall be framed so as to apply when the cessation of the first employment took place before the making of the rules unless the rules are only to apply with the consent of the person ceasing to be employed, or that person is by the rules given an opportunity to elect that they shall not apply to him.

(5)If the application of the rules in force under this section would put a particular individual in a position less advantageous than that in which he would have been if the rules did not apply in relation to him, they shall not be so applied.

[F7(5A) References in this section to enactments shall be construed as including references to the civil service scheme, and in this section ”the civil service scheme’ means the principal civil service pension scheme within the meaning of section 2 of the M1Superannuation Act 1972 and for the time being in force].

(6)In this section “pension”, in relation to any person, means a pension of any kind whatsoever payable to or in respect of him, and includes a lump sum or gratuity so payable.

Textual Amendments

F2Words substituted by virtue of S.I. 1968/1656, arts. 2(1)(6), 3(2)

F4Words in s.38(2)(a)(b) repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1, Pt. IV, Group. 5

Modifications etc. (not altering text)

C2S. 38 has effect as if any reference to the Minister for the Civil Service were a reference to the Treasury: S.I. 1981/1670, arts. 2(1)(c), 3(5)

Marginal Citations

39 Meaning of “public office” and supplementary provisions.U.K.

(1)In the last foregoing section references to employment in a public office shall be construed as references to employment of the following kinds, and “public office” shall be construed accordingly,—

1.Employment in the civil service (whether or not in an established capacity).

2.Employment in any other capacity remunerated out of moneys provided by Parliament or the Consolidated Fund or the Post Office Fund or the revenue of the Isle of Man, but not including employment in the armed forces of the Crown.

3.Subject to subsection (5) of this section, employment in the civil service of the Government of Northern Ireland (whether or not in an established capacity).

4.Subject to subsection (5) of this section, employment in any other capacity remunerated out of moneys provided by the Parliament of Northern Ireland or the Consolidated Fund of Northern Ireland.

5.Employment in the civil service of the government of any colony, or of any country or place outside Her Majesty’s dominions in which for the time being Her Majesty has jurisdiction, or of any territory consisting partly of one or more colonies and partly of one or more such countries or places.

6.Employment as an officer to whom the M2Overseas Service Act 1958 applies (if not employment within any of the other paragraphs in this subsection).

7.Employment which is remunerated out of any of the following funds, or out of the revenues of any of the following bodies—

(2)[F15The Minister for the Civil Service] may by order—

(a)designate any employment as employment in a public office for the purposes of this section, and

(b)add to, amend or repeal any of the provisions of subsection (1) of this section,

and an order under this subsection—

(i)may include transitional and other supplemental provisions, and

(ii)may vary or revoke a previous order made under this subsection.

(3)The last foregoing section and this section shall have effect subject to the transitional provisions in paragraphs 10 and 11 of Schedule 10 to this Act.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

(5)Rules in force under the last foregoing section shall not apply in relation to any person if the only public offices in which he has been employed have been employments in a capacity remunerated out of moneys provided by the Parliament of Northern Ireland or the Consolidated Fund of Northern Ireland.

(6)Nothing in this or the last foregoing section shall authorise any department of the Government of Northern Ireland to incur any expenses attributable to the provisions of those sections until provision has been made by the Parliament of Northern Ireland for those expenses to be defrayed out of moneys provided by that Parliament.

Textual Amendments

F11Words in s. 39(1) inserted (16.3.2000) by S.I. 2000/746, art. 2, Sch. para. 4

F12Words in s. 39(1) repealed (30.1.2001) by 2000 c. 37, ss. 73(4), 102, 103(2), Sch. 8 para. 2(b), Sch. 16 Pt. III

F13Entry in s. 39(1) para. 7 repealed (E.W.S.) (1.4.1992) by Natural Heritage (Scotland) Act 1991 (c. 28), s. 27(1)(2), Sch. 10 para. 2, Sch. 11; S.I. 1991/2633, art. 4.

F14Entry in s. 39(1) para. 7 inserted (E.W.S.) (27.11.1991) by Natural Heritage (Scotland) Act 1991 (c. 28), s. 27(1), Sch. 10 para. 2; S.I. 1991/2633, art. 3, Sch.

F15Words substituted by virtue of S.I. 1968/1656, arts. 2(1)(6), 3(2)

Modifications etc. (not altering text)

C3S. 39(2) has effect as if any reference to the Minister for the Civil Service were a reference to the Treasury: S.I. 1981/1670, arts. 2(1)(c), 3(5)

C4References to moneys provided by Parliament of Northern Ireland to be construed now as references to moneys appropriated by Measure of the Northern Ireland Assembly: Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 2(1)

Marginal Citations

[F1739A(1)The Lord Chancellor may with the consent of the Minister for the Civil Service make rules with respect to the superannuation benefits payable to or in respect of persons who have been employed—

(a)in two or more offices falling within paragraphs (a) to (i) of subsection (3) of this section, or

(b)in one or more such offices and in one or more judicial offices remunerated out of central funds.

(2)The Secretary of State may with the consent of the Minister for the Civil Service make rules with respect to the superannuation benefits payable to or in respect of persons who have been employed—

(a)in two or more offices falling within paragraphs (j) and (k) of subsection (3) of this section, or

(b)in one or more such offices and in one or more judicial offices remunerated out of central funds.

(3)The offices referred to in subsections (1)(a) and (2)(a) of this section are the following, that is to say—

(a)Recorder of London;

(b)Common Serjeant;

(c)additional judge of the Central Criminal Court;

(d)recorder of Liverpool;

(e)recorder of Manchester;

(f)assistant judge of the Mayor’s and City of London Court;

(g)presiding judge of the Court of Passage of the City of Liverpool;

(h)chairman or deputy chairman of a court of quarter sessions where under any enactment (whether passed before or after this Act) a person may qualify for a pension by virtue of service in that office;

(i)stipendiary magistrate in England or Wales, other than metropolitan stipendiary magistrate;

(j)stipendiary magistrate appointed under section 455 of the M3Burgh Police (Scotland) Act 1892;

(k)stipendiary magistrate appointed under section 24 of the M4Glasgow Corporation and Police Act 1895.

(4)Subsections (2) to (5) of section 38 of this Act shall have effect in relation to rules made under this section as they have effect in relation to rules under that section, as if—

(a)in subsection (2) of that section any reference to a public office were a reference to an office which is either an office specified in subsection (3) of this section or a judicial office remunerated out of central funds, and the reference to such supplemental and incidental provisions as are mentioned in that subsection were a reference to such supplemental and incidental provisions as appear to the Lord Chancellor or to the Secretary of State (as the case may be) to be expedient, and

(b)in subsections (3) and (4) of that section any reference to different public offices, or to ceasing to be employed in one public office and becoming employed in another, were a reference to different offices or (as the case may be) to ceasing to be employed in one office and becoming employed in another (”office’ for this purpose being taken to mean any office which is either an office specified in subsection (3) of this section or a judicial office remunerated out of central funds).

(5)Where any rules under this section make provision for any pension to be defrayed partly by one authority and partly by one or more other authorities, whether by way of contribution or otherwise, nothing in section 10(2) of the M5Criminal Justice Administration Act 1956 (which requires contributions to be paid by the city councils of Liverpool and Manchester in respect of the Crown Courts and recorders of those cities) shall be construed as preventing the rules from applying that provision to, or making any such provision specially in respect of, persons whose employment includes employment as recorder of Liverpool or recorder of Manchester.

[F18(6)In this section—

Textual Amendments

F19In s. 39A(6) in the definition of “judicial office” (a)(b) inserted (31.3.1995) by 1993 c. 8, ss. 31(2)(3), Sch. 8 para.6; S.I. 1995/631, art.2

Modifications etc. (not altering text)

C5S. 39A has effect as if any reference to the Minister for the Civil Service were a reference to the Treasury: S.I. 1981/1670, arts. 2(1)(c), 3(5)

C6References to moneys provided by Parliament of Northern Ireland to be construed now as references to moneys appropriated by Measure of the Northern Ireland Assembly: Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 2(1)

Marginal Citations

40, 41.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20U.K.

42 Application of certain provisions of Act to persons employed in public office, etc. or approved employment.U.K.

(1)The provisions of [F21the principal civil service scheme within the meaning of section 2 of the M7Superannuation Act 1972 and for the time being in force] shall, in relation to persons who, whether before or after they are civil servants, serve in a public office (not in the civil service) within the meaning of section 38 of this Act, or as members of a police force within the meaning of [F22the M8Police Pensions Act 1976], or in service by virtue of which they are deemed for the purposes of that Act to be members of such a force, or who, having been civil servants, become Governors within the meaning of the M9Governors’ Pensions Act 1957, have effect subject to such adaptations and modifications as may be prescribed by rules made by the Treasury; and where rules are made under this subsection, they may contain provisions modifying, in relation to the persons affected by the rules, any other enactment relating to the pensions and other benefits payable to or in respect of them.

(2), (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

43, 44.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24U.K.

Parts II-IVU.K.

45—77.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25U.K.

Part VU.K. Miscellaneous and General

78—92.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26U.K.

GeneralU.K.

93, 94.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27U.K.

95 Provisions as to rules, regulations, etc.U.K.

(1)Any power conferred by this Act to make rules, [F28or orders] shall be exercisable by statutory instrument.

(2)Any statutory instrument containing rules or [F28an order made under this Act], shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30U.K.

97 Financial provisions.U.K.

(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 [F31including 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) . . . F32

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

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33

98 Meaning of “civil service” and “civil servant” and supplementary provisions. U.K.

(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)[F34The 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 [F34the Minister for the Civil Service] under this section may be expressed to have effect retrospectively.

Textual Amendments

F34Words substituted by virtue of S.I. 1968/1656, arts. 2(1)(6), 3(2)

Modifications etc. (not altering text)

C7S. 98has effect as if any reference to the Minister for the Civil Service were a reference to the Treasury: S.I. 1981/1670, arts. 2(1)(c), 3(5)

99—103.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35U.K.

104 Savings, transitional provisions and repeals.U.K.

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

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36

105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37U.K.

106 Short title and commencement.U.K.

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

F38F38SCHEDULES 1-7U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 98.

SCHEDULE 8U.K. Kinds of Employment Referred to in Section 98

Modifications etc. (not altering text)

C8By S.I. 1969/655, art. 3 employment by the Commission on Industrial Relations was added (1.3.1969) to the employments listed in Schedule 8

C9By S.I. 1971/1648, art. 3 employment by the Commission on Industrial Relations established by section 120 of the Industrial Relations Act 1971 was added (1.11.1971) to the employments listed in Schedule 8

C10By S.I. 1969/349, art. 3 employment by the Monopolies Commission was added (with effect from 1.1.1949) to the employments listed in Schedule 8

C11By Gaming Act 1968 (c.65, SIF 12:1), ss. 10(2), 52(1),Sch. 1 para. 4 the Gaming Board for Great Britain was included among the bodies specified in Schedule 8

C12By S.I. 1967/571, art. 1 employment by the National Board for Prices and Incomes established by the Prices and Incomes Act 1966 was added (with effect from 12.8.1966) to the employments listed in Schedule 8

C13By Race Relations Act 1968 (c.71), s. 14(6), Sch. 1 para. 3 the Race Relations Board was included among the bodies listed in Schedule 8 and by Race Relations Act 1976 (c.74, SIF 106:1), s. 79(1)(5),Sch. 2 paras. 2–8, Sch. 5 the said Race Relations Act 1968 was repealed with savings

C14By S.I. 1965/2092, art. 1 employment by a Rent Tribunal was added to the employments listed in Schedule 8

Museums and GalleriesU.K.

British Museum.

[F39Natural History Museum].

Imperial War Museum.

London Museum.

National Gallery.

National Maritime Museum.

National Portrait Gallery.

Tate Gallery.

Wallace Collection.

National Galleries of Scotland.

National Museum of Antiquities of Scotland.

Royal Commissions and other CommissionsU.K.

Royal Fine Art Commission.

Royal Fine Art Commission for Scotland.

Historical Manuscripts Commission.

Standing Commission on Museums and Galleries.

Royal Commission on Historical Monuments (England).

Royal Commission on Ancient and Historical Monuments (Wales and Monmouthshire).

Royal Commission on Ancient and Historical Monuments of Scotland.

National Incomes Commission.

Other bodiesU.K.

Council for Technical Education and Training for Overseas Countries.

Inter-University Council for Higher Education Overseas.

National Economic Development Council.

National Library of Scotland.

Public Works Loan Board.

Scottish Land Court.

F40F40SCHEDULE 9U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 10U.K. Savings and Transitional Provisions

1—4.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

Provisions relating to Part I of ActU.K.

5—9.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42

10In relation to service at any time before 29th April 1965, the expression “public office” in sections 38 and 39 of this Act includes—

(a)any public office within the meaning of the M10Superannuation Act 1892 as in force at that time, and

(b)any office in the permanent civil service of a colony within the meaning of the M11Pensions (Colonial Service) Act 1887 as in force at that time or any other office to which that Act then applied.

Marginal Citations

F4311. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F43Sch. 10 para. 11 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. IX Group1.

12—19.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

F45F45SCHEDULE 11U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .