SCHEDULES
SCHEDULE 2 Official Pensions
C1Part I State Pensions
Ministerial and parliamentary
F861
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F862
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F863
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F703A
A pension which, under a scheme under paragraph 12 or 16 of Schedule 6 to the Constitutional Reform and Governance Act 2010, is payable out of the Parliamentary Contributory Pension Fund.
F1 European Assembly
Para. 3B inserted by European Assemby (Pay and Pensions) Act 1979 (c. 50), s. 4(7)
3B
Civil Service
4
F894ZA
A pension payable under a scheme made by the Minister for the Civil Service under section 1 of the Public Service Pensions Act 2013 by virtue of section 1(2)(a) of that Act (civil servants).
F34A
A pension payable under Part I or section 19 of the Judicial Pensions and Retirement Act 1993, other than a pension payable under or by virtue of section 10 of that Act.
F994AA
A pension payable under a scheme made under section 18A of the Judicial Pensions and Retirement Act 1993, other than a pension payable under or by virtue of provision that is corresponding or similar to the provision that may be made by regulations under section 10 of that Act.
F904B
A pension payable under a scheme made by the Lord Chancellor under section 1 of the Public Service Pensions Act 2013 by virtue of section 1(2)(b) of that Act (judiciary).
Administration of justice
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
7
A pension payable under section 9 of the M5County Courts Act 1934 (county court judges).
8
9
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
10
A pension payable under section 4(5) of the M8Criminal Justice Administration Act 1956 (Recorder of Manchester or Liverpool).
11
A pension payable under the Superannuation (President of the M9Industrial Court) Act 1954.
12
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
13
Police and firemen
14
A pension payable by a Secretary of State under the M13Police (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.
This paragraph includes a substituted pension not so payable if the original pension is so payable.
15
A pension payable by a Secretary of State under the M14F8Police Pensions Act 1976 to a person who at the time of his retirement—
a
was engaged as mentioned in section 1(1) of the Police (Overseas Service) Act 1945; or
F9b
was engaged on service pursuant to an appointment under section 10 of the M15Overseas Development and Co-operation Act 1980, F10or in connection with the provision by the Secretary of State of assistance under the International Development Act 2002 being service in respect of which F11section 97 of the Police Act 1996F78had effect or, as the case may be, F79being temporary service outwith the Police Service of Scotland pursuant to section 15 of the Police and Fire Reform (Scotland) Act 2012; or
ba
c
F14d
was engaged—
i
on relevant service within paragraph (b), (c) or (d) of section 97(1) of the Police Act 1996, or
F82 ii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F77; or
e
was a constable of the Police Service of Scotland—
i
serving as a staff officer of the inspectors of constabulary in accordance with arrangements made under section 73(1)(b) of the Police and Fire Reform (Scotland) Act 2012; or
ii
engaged on service under the Crown, with the consent of the chief constable of the Police Service of Scotland, in connection with research or other services connected with the police provided by the Scottish Ministers.
This paragraph includes a substituted pension not so payable if the original pension is so payable.
F1515A
A pension payable by a Secretary of State under regulations made under section 24 of the M16 Superannuation Act 1972 (compensation for loss of employment, etc. ) to or in respect of such a person as is referred to in paragraph 15 above.
F9115B
A pension payable by the Secretary of State under a scheme made by the Secretary of State under section 1 of the Public Service Pensions Act 2013 by virtue of section 1(2)(g) of that Act (members of police forces) to or in respect of such a person as is referred to in paragraph 15 above.
F64 16
A pension payable by a Secretary of State in accordance with a scheme brought into operation under section 34 of the Fire and Rescue Services Act 2004.
F63 16A
A pension which is payable—
a
by a Secretary of State under regulations made under section 24 of the Superannuation Act 1972; and
b
to or in respect of a person in respect of whose service a payment may be made under a scheme brought into operation under section 34 of the Fire and Rescue Services Act 2004.
F9216B
A pension payable by the Secretary of State under a scheme made by the Secretary of State under section 1 of the Public Service Pensions Act 2013 by virtue of section 1(2)(f) of that Act (fire and rescue workers).
Teachers
17
A pension payable under the Elementary School Teachers (Superannuation) Acts 1898 to 1912.
18
A pension payable under the Teachers (Superannuation) Acts 1918 to 1956.
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 M17said 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.
19
A pension payable under the Education (Scotland) Acts 1939 to 1967.
This paragraph does not include a pension granted under Regulation 45 of the M18Teachers (Superannuation) (Scotland) Regulations 1957.
20
F1720A
A pension payable to or in respect of a teacher under regulations made under section 24 of the M20 Superannuation Act 1972 (compensation for loss of employment, etc. ).
F9320B
A pension payable by the Secretary of State under a scheme made by the Secretary of State under section 1 of the Public Service Pensions Act 2013 by virtue of section 1(2)(d) of that Act (teachers).
20C
A pension payable under a scheme made by the Scottish Ministers under section 1 of the Public Service Pensions Act 2013 by virtue of section 1(2)(d) of that Act (teachers).
21
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18
National health service
22
A pension payable by a Secretary of State under or by virtue of any of the following:—
a
b
F9422A
A pension payable by the Secretary of State under a scheme made by the Secretary of State under section 1 of the Public Service Pensions Act 2013 by virtue of section 1(2)(e) of that Act (health service workers).
22B
A pension payable under a scheme made by the Scottish Ministers under section 1 of the Public Service Pensions Act 2013 by virtue of section 1(2)(e) of that Act (health service workers).
23
A pension payable by a Secretary of State in consequence of any change affecting the National Health Service and payable—
a
in pursuance of an order under section 11(9) of the National Health Service Act 1946; or
F2323A
A pension payable to or in respect of a person in relation to whom regulations may be made under the said section 10, being a pension payable under regulations made under section 24 of the said Act of 1972 (compensation for loss of employment, etc. ).
National insurance
24
A pension payable by a Secretary of State in pursuance of regulations made under section 67 of the M28National Insurance Act 1946 (loss of employment or diminution of emoluments attributable to passing of that Act of former employees of approved societies etc.).
25
A pension payable in pursuance of rules made under section 3 of the M29Superannuation (Miscellaneous Provisions) Act 1948 (former employees of approved societies etc.).
This paragraph does not include a pension payable under the F24principal civil service pension scheme within the meaning of section 2 of the M30Superannuation Act 1972.
26
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25
Diplomatic, colonial and overseas service
27
A pension payable under the M31Governors Pensions Acts 1957 and 1967.
F2627A
A pension payable under any scheme or part of a scheme made under section 2 of the Overseas Pensions Act 1973 which incorporates, replaces or amends the provisions of the M32 Governors’ Pensions Acts 1957 and 1967 or of the M33 Superannuation Act 1965 so far as it continued to have effect by virtue of section 23(2) of the M34 Superannuation Act 1972.
F6228
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
29
A pension payable under the M35Diplomatic Salaries &c. Act 1869.
F95Armed forces
Sch. 2 para. 29A and cross-heading inserted (28.2.2014) by Public Service Pensions Act 2013 (c. 25), s. 41(2), Sch. 8 para. 5(8) (with Sch. 11 para. 8); S.I. 2014/433, art. 5(b)
29A
A pension payable under a scheme made under section 1 of the Public Service Pensions Act 2013 by virtue of section 1(2)(h) of that Act (armed forces).
Service in Ireland
30
A pension payable under Schedule 8 to the M36Government of Ireland Act 1920 (former Irish civil servants).
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.
32
A pension payable under the enactments relating to pensions of the Royal Irish Constabulary.
This paragraph does not include a pension payable under regulations made under section 1 of the M37Royal Irish Constabulary (Widows’ Pensions) Act 1954.
Miscellaneous
33
A pension payable by a Secretary of State in respect of service as officer of a local valuation panel, under regulations made under section 85(4) of the M38London Government Act 1963.
F8534
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
35
F6936
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
37
38
A pension payable by a Secretary of State in respect of service with the St. Andrew’s Ambulance Association, by reference to regulations made under section 4 of the M42Public Expenditure and Receipts Act 1968.
F2838A
Part II Pensions out of Local Funds
F31 Scottish Parliament and Scottish Executive
Sch. 2 Pt. II para. 38AB and cross heading inserted (6.5.1999) by 1998 c. 46, s. 125, Sch. 8 para. 13; S.I. 1998/3178, art. 2(2), Sch. 3
F30 38AB
A pension payable under a scheme established by virtue of section 81(4)(b) of, or paragraph 3(4)(b) of Schedule 2 to, the Scotland Act 1998.
F33 National Assembly for Wales
Sch. 2 Pt. II para. 38B and crossheading inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 10 (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2
F3238B
A pension payable under a scheme established under F67section 20(4)(b) or section 53(4)(b) of the Government of Wales Act 2006.
Local government service
39
A pension payable by a local authority in respect of service ending with local government service, other than a pension within paragraph 44, 45 or 52 of this Schedule or within the exception from paragraph 44.
F9639A
A pension payable under a defined benefits scheme, within the meaning of the Public Service Pensions Act 2013, made by the Secretary of State or the Scottish Ministers under section 1 of that Act by virtue of section 1(2)(c) of that Act (local government workers).
Administration of justice
40
A pension payable under section 33 of the Justices of the M44Peace Act 1949 (stipendiary magistrates).
41
A pension payable by a local authority under Part I of the M45Administration of Justice (Pensions) Act 1950 (widows and children of stipendiary magistrates and of chairmen and deputy chairmen of London Sessions).
42
A pension payable under section 22 of the Administration of Justice (Pensions) Act 1950 (chairmen and deputy chairmen of London Sessions).
Police and firemen
43
A pension payable (otherwise than as mentioned in paragraph 14 or 15 above) under any of the following;—
a
F35b
section 51 or 52 of the Police Act 1996;
F83c
section 48 of the Police and Fire Reform (Scotland) Act 2012, as extended by article 14 of the Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013.
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.
F9743A
A pension payable under a defined benefits scheme, within the meaning of the Public Service Pensions Act 2013, made by the Secretary of State or the Scottish Ministers under section 1 of that Act by virtue of section 1(2)(g) of that Act (police).
In the case of a scheme made by the Secretary of State, this paragraph does not include a pension referred to in paragraph 15B above.
F65 44
A pension payable by a fire and rescue authority or F84the Scottish Fire and Rescue Service in accordance with a scheme brought into operation under section 34 of the Fire and Rescue Services Act 2004.
F9844A
A pension payable under a defined benefits scheme, within the meaning of the Public Service Pensions Act 2013, made by the Secretary of State, the Scottish Ministers or the Welsh Ministers under section 1 of that Act by virtue of section 1(2)(f) of that Act (fire and rescue workers).
In the case of a scheme made by the Secretary of State, this paragraph does not include a pension referred to in paragraph 16B above.
F6645
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
46
Court and police staffs
47
A pension payable by a local authority in England or Wales under any enactment other than section 15(1) to (7) of the M51Superannuation (Miscellaneous Provisions) Act 1967 in respect of—
a
service as a justices’ clerk or as the employee of a justices’ clerk; or
b
service as a person employed by a magistrates’ courts committee to assist a justices’ clerk F36or as staff of such a committee; or.
c
service as a justices’ chief executive.
48
49
50
A pension payable under section 15(1) to (7) of the Superannuation (Miscellaneous Provisions) Act 1967 (metropolitan civil staffs).
51
F41A pension payable by a local authority, or by a F71local policing body or a chief officer of police in England and Wales F100. . ., under any enactment other than section 15 of the Superannuation (Miscellaneous Provisions) Act 1967M52 in respect of service ending with—
a
ab
service as a member of staff of the Mayor's Office for Policing and Crime;
ac
service as a member of the civilian staff of a police force; or
b
service as a traffic warden employed F75by a chief constable established under section 2 of the Police Reform and Social Responsibility Act 2011, by the Commissioner of Police of the Metropolis or by a police authority under section 2 of the M53Road Traffic and Roads Improvement Act 1960 or section 81(9) of the M54Road Traffic Regulation Act 1967 F43section 95(1) of the Road Traffic Regulation Act 1984.
F72In this paragraph—
a
references to the staff of a police and crime commissioner, the staff of the Mayor's Office for Policing and Crime, and the civilian staff of a police force, have the same meanings as in Part 1 of the Police Reform and Social Responsibility Act 2011;
b
“police force” includes the metropolitan police force.
52
A pension payable by F76a police and crime commissioner, the Mayor's Office for Policing and Crime, a chief constable established under section 2 of the Police Reform and Social Responsibility Act 2011, the Commissioner of Police of the Metropolis or a police authority under regulations made under section 60(2) of the M55Local Government Act 1958, section 85(4) of the M56London Government Act 1963 or section 4 of the M57Public Expenditure and Receipts Act 1968 (compensation for loss of employment or emoluments due to reorganisation of local government etc). F44or under regulations made under section 24 of the M58Superannuation Act 1972 (further provisions requiring payment of compensation for loss of employment, etc.).
This paragraph does not apply to a pension payable as mentioned in paragraph 15A above.
Probation and after-care service
53
A pension payable in accordance with regulations under Schedule 4 to the M59Local Government Superannuation Act 1953 F45or section 7 of the M60Superannuation Act 1972 in respect of service as a probation officer or as a person appointed to assist a probation officer in the performance of his duties by a probation and after-care committee, by the Secretary of State or, before 1st July 1944, by a probation officer.
F4653A
A pension payable in accordance with regulations under section 7 of the M61 Superannuation Act 1972 in respect of service as chairman, chief officer, member or member of the staff of a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000.
F6853B
A pension payable in accordance with regulations under section 7 of the Superannuation Act 1972 in respect of service as a member of staff of a probation trust established under section 5 of the Offender Management Act 2007.
54
A pension payable by a local authority in England and Wales in respect of service as a member of the staff of an approved probation home or an approved probation hostel.
55
A pension payable by a probation and after-care committee under regulations made under section 60(2) of the M62Local Government Act 1958 or section 85(4) of the M63London Government Act 1963 (compensation for loss of employment or emoluments due to reorganisation of local government) F47or under regulations made under section 24 of the M64Superannuation Act 1972 (further provisions requiring payment of compensation for loss of employment, etc.).
Teachers and school staff
56
A pension payable by a local authority under section 14(3)(b) of the M65Teachers (Superannuation) Act 1925.
57
58
A pension payable by a local authority in England or Wales under any enactment in respect of service as an employee of the governing body of any school or educational institution (other than a public elementary school or a county or voluntary school) if the whole cost of maintaining the school or educational institution after deducting such part of the cost (if any) as is met by the governing body fell or falls to be met by the local authority.
59
A pension payable by a local authority in respect of service as a member of the staff of an approved school.
Miscellaneous
60
61
62
63
64
A pension payable by a local authority by way of such compensation as is mentioned in section 8(1)(b) F52or (c) of this Act.
C2F53 64A
A pension payable by a residuary body established by the Local Government Act 1985 in respect of service ending with service with that body.
F5464B
A pension payable by such a residuary body, being a pension which would fall within any of the foregoing paragraphs of this Part of this Schedule if references to a local authority had continued to include references to the authorities abolished by the Act.
F5564C
A pension payable by the London Residuary Body, being a pension which would fall within any of the foregoing paragraphs of this Part of this Schedule if references to a local authority had continued to include references to the Inner London Education Authority.
F57F56 64D
A pension payable by the London Pensions Fund Authority.
Part III Other Pensions
F59F58 65
A pension payable by the trustees of a trustee saving bank or by the Inspection Committee of trustees saving banks
66
A pension payable in respect of service with, or as compensation for loss of employment on the winding up of, the Raw Cotton Commission.
In relation to a pension within this paragraph the Minister for the Civil Service shall be taken to be the pension authority.
67
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60
68
A pension payable by the council of the London borough of Southwark in respect of employment in the borough market, Southwark.
F6168A
A pension payable by virtue of regulations made under section 3(2) of the M74 New Towns (Scotland) Act 1977.
Sch. 2 Pt. I extended by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 30, Sch. 3 para. 7(1)–(4)
Sch. 2 Pt. I extended by the Pensions Increase (Civil Service Early Retirement Pension Scheme 1992) Regulations 1993, 1993/806, regs. 3,4 (which Regulations come into force 12.4.1993 but by reg. 4 it is provided that any increase of pensions payable by virtue of those Regulations shall have effect in respect of any pension beginning on or after 1.4.1992).
Sch. 2 Pt. I modified (25.7.1995) by S.I. 1995/1680, reg. 3
SCh. 2 Pt. I modified (25.7.1995) by S.I. 1995/1681, reg. 3
Sch. 2 Pt. I modified (25.7.1995) by S.I. 1995/1682, reg. 3
Sch. 2 Pt. I modified (25.7.1995) by S.I. 1995/1683, reg. 3