Superannuation Act 1965

Section 14.

SCHEDULE 1 Modification of sections 1, 3, 4, 6 and 13 of this Act in Relation to Certain Persons.

PART I

Modification of sections 1, 3, 4, 6 and 13 in relation to certain Female Persons who were Civil Servants on 27th June 1935

1 (1) Subject to sub-paragraph (2) of this paragraph, this Part of this Schedule applies to any female person who—

(a) became a civil servant before 27th June 1935, and

(b) did not adopt the provisions of the [1909 c. 10.] Superannuation Act 1909.

(2) This Part of this Schedule shall not apply to a female person who—

(a) duly elected that Part I of the [1949 c. 44.] Superannuation Act 1949 should apply to her or duly elects that Part III of this Act shall apply to her, or

(b) duly made a nomination within the meaning of Part II of the said Act of 1949 or duly makes a nomination within the meaning of Part IV of this Act.

2 (1) The proportion of the average annual amount of the salary and emoluments of her office during the last three years of her service on which the superannuation allowance which may be granted to a person to whom this Part of this Schedule applies is to be computed shall be one-sixtieth instead of one-eightieth and sections 1(1), 6(3) and 13(3) of this Act shall accordingly have effect in relation to such a person as if for the words " one-eightieth " there were substituted the words " one-sixtieth ".

(2) Where a person to whom this Part of this Schedule applies has been in the class from which she retires for a period of at least three years immediately before the grant to her of a superannuation allowance, such allowance shall be computed on the amount of the annual salary and emoluments of her office and accordingly the said section 1(1), as modified by the foregoing sub-paragraph, shall have effect in relation to that person as if for the words " the average annual amount of the salary and emoluments of his office during the last three years of his service " there were substituted the words " the annual salary and emoluments of her office ".

3 (1) Where any fees or other sources of profit form part of the emoluments of an office of a person to whom this Part of this Schedule applies, the head of the department in which that office is may, for the purpose of computing any superannuation or compensation allowance to be granted to that person, fix, with the approval of the Treasury, an average sum in respect of that part of the emoluments which consists of such fees or other sources of profit, but not exceeding the average annual amount of such fees or other sources of profit during the three last preceding years.

(2) Sub-paragraph (1) of this paragraph shall not affect the amount of any superannuation allowance or other sum so far as it depends on the amount of that part of the emoluments of an office which does not consist of any fees or other sources of profit.

4 Sections 3 and 4 of this Act shall not apply in relation to a person to whom this Part of this Schedule applies.

PART II

Modification of sections 1, 3, 4, 6 and 13 in relation to certain other Persons who were Civil Servants on 27th June 1935

5 (1) Subject to sub-paragraph (2) of this paragraph, this Part of this Schedule applies to—

(a) any male person who was a civil servant on 27th June 1935 and who duly signified that he did not desire section 4 of the [1935 c. 23.] Superannuation Act 1935 to apply to him, and

(b) any female person who was a civil servant on 27th June 1935 and was allowed by the Treasury under section 1(2) of the said Act of 1935 to adopt the provisions of the [1909 c. 10.] Superannuation Act 1909 and who duly signified that she did not desire the said section 4 to apply to her.

(2) This Part of this Schedule shall not apply to—

(a) any person to whom Part I of the [1949 c. 44.] Superannuation Act 1949 became, or Part III of this Act becomes, applicable, or

(b) any person who duly made a nomination within the meaning of Part II of the said Act of 1949 or duly makes a nomination within the meaning of Part IV of this Act.

6 Subject to paragraph 7 of this Schedule, any superannuation allowance, additional allowance or gratuity under section 4 of this Act which may be granted to, or in respect of, a person to whom this Part of this Schedule applies shall be computed on the annual salary and emoluments of his office and accordingly sections 1, 3 and 4 of this Act shall have effect in relation to any such person as if for the words " the average annual amount of the salary and emoluments of his office during the last three years of his service ", wherever those words occur in the said sections, there were substituted the words " the annual salary and emoluments of his office " and as if for the words " that amount" in the said section 3 there were substituted the words " the amount of such salary and emoluments "

7 Paragraph 6 of this Schedule shall not have effect in relation to any person unless he has been in receipt of the salary and emoluments of his office, or has been in the class from which he retires or in which he was serving at the time of his death, as the case may be, for at least three years immediately before the grant of a superannuation allowance or additional allowance or, in the case of a gratuity under section 4(1) of this Act, immediately before his death.

8 Sections 3, 6(3) and 13(3) of this Act shall, in relation to a person to whom this Part of this Schedule applies, have effect as if for the words " three-eightieths " there were substituted the words " one-thirtieth ".

9 The amount of the additional allowance payable to a female person to whom this Part of this Schedule applies shall be increased by one-half per cent. in respect of each completed year she had served before 27th June 1935.

10 Paragraph 3 of this Schedule shall apply in relation to a person to whom this Part of this Schedule applies as it applies in relation to a person to whom Part I of this Schedule applies subject to the modification that references therein to a superannuation allowance shall be construed as including references to an additional allowance and a gratuity under section 4 of this Act.

PART III

Modification of section 3 in relation to certain other Female Persons

11 This Part of this Schedule applies to a female person who—

(a) was allowed by the Treasury under section 1(2) of the [1935 c. 23.] Superannuation Act 1935 to adopt the provisions of the [1909 c. 10.] Superannuation Act 1909, and

(b) did not duly signify that she did not desire section 4 of the Superannuation Act 1935 to apply to her.

12 The amount of the additional allowance payable to a person to whom this Part of this Schedule applies shall be increased by one half per cent. in respect of each completed year she had served before 27th June 1935.

PART IV

Modification of section 3 in relation to certain members of the Diplomatic Service

13 (1) This Part of this Schedule applies to a person—

(a) to whom immediately before 27th March 1929 the [1869 c. 43.] Diplomatic Salaries, &c. Act 1869 applied, or

(b) who having been appointed a member of the diplomatic service at any time after 1st April 1919 was such a member immediately before 27th March 1929, whether he was or was not a person to whom the said Act of 1869 so applied.

(2) If any question arises whether a person was a person to whom the said Act of 1869 applied or was a member of the diplomatic service immediately before 27th March 1929, that question shall be determined by the Treasury after consultation with the Secretary of State, and the decision of the Treasury thereon shall be final.

14 The amount of the additional allowance which may be granted to a person to whom this Part of this Schedule applies shall be increased by one-half per cent. in respect of each completed year he had served before 27th March 1929.