Pensions (Increase) Act 1971

Part II E+W+S Pensions out of Local Funds

Valid from 06/05/1999

[F1 Scottish Parliament and Scottish Executive E+W+S

Textual Amendments

F1 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

F2 38AB E+W+S 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.]

Textual Amendments

F2 Sch. 2 Pt. II para. 38AB and cross heading inserted (6.5.1999) by 1998 c. 46, s. 125, Sch. 8 para. 13 (with s. 126(3)-(11)); S. I. 1998/3178, art. 2(2), Sch. 3

Valid from 01/04/1999

[F3 National Assembly for Wales] E+W+S

Textual Amendments

F3 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

[F4 38B E+W+S A pension payable under a scheme established under section 18(2)(b) of the Government of Wales Act 1998.]

Textual Amendments

F4 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

Local government service E+W+S

39 E+W+S 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.

Administration of justice E+W+S

40 E+W+S A pension payable under section 33 of the Justices of the M1 Peace Act 1949 (stipendiary magistrates).

Marginal Citations

M1 1949 c. 101.

41 E+W+S A pension payable by a local authority under Part I of the M2 Administration of Justice (Pensions) Act 1950 (widows and children of stipendiary magistrates and of chairmen and deputy chairmen of London Sessions).

Marginal Citations

M2 1950 c. 11 (14 & 15 Geo. 6).

42 E+W+S A pension payable under section 22 of the Administration of Justice (Pensions) Act 1950 (chairmen and deputy chairmen of London Sessions).

Police and firemen E+W+S

43 A pension payable (otherwise than as mentioned in paragraph 14 or 15 above) under any of the following;—

(a) [F5 the M3 Police Pensions Act 1976, or any enactment repealed by the M4 Police Pensions Act 1948] or by the M5 Police Pensions Act 1921;

(b) section 34 or 35 of the M6 Police Act 1964;

(c) section 26 or 27 of the M7 Police (Scotland) Act 1967.

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.

Textual Amendments

F5 Words substituted by Police Pensions Act 1976 (c. 35), Sch. 2 para. 8(b)

Marginal Citations

M3 1976 c. 35.

M4 1948 c. 24.

M5 1921 c. 31.

M6 1964 c. 48.

M7 1967 c. 77.

44 E+W+S 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 M8 Fire Services Act 1947.

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

Marginal Citations

M8 1947 c. 41.

45 E+W+S A pension payable by a local authority, otherwise than as mentioned in paragraph 44 above, in respect of—

(a) service as a professional fireman (as defined by the M9 Fire Brigade Pensions Act 1925); or

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

Marginal Citations

M9 1925 c. 47.

46 E+W+S A derivative pension payable under the M10 Police Pensions Act 1921 in respect of a person to whom the M11 National Fire Service (Preservation of Pensions) (Police Firemen) Regulations 1941 applied at the time of that person’s death or retirement.

Marginal Citations

M10 1921 c. 31.

M11 S.R. & O. 1941/1271.

Court and police staffs E+W+S

47 E+W+S A pension payable by a local authority in England or Wales under any enactment other than section 15(1) to (7) of the M12 Superannuation (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 [F6 or as staff of such a committee; or.

(c) service as a justices’ chief executive.]

Textual Amendments

F6 Sch. 2 para. 47(c), and preceding words in para. 47(b) added (1.4.1995) by 1994 c. 29, s. 91, Sch. 8 Pt. II para. 26; S.I. 1995/685, arts. 4(l), 7(2)(b)

Marginal Citations

M12 1967 c. 28.

48 E+W+S A pension payable by F7 the [F8 London Residuary Body][F8 London Pensions Fund Authority]in respect of service ending with employment by the committee of magistrates for the inner London area.

Textual Amendments

F7 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 61(1)

F8 Words “London Pensions Fund Authority” substituted for “London Residuary Body” by S.I. 1989/1815, art. 7(5)

49 E+W+S A pension payable by [F9 the][F10 London Residuary Body][F10 London Pensions Fund Authority]under any enactment in respect of service in the employment of the standing joint committee for the county of London as clerk of the peace or deputy clerk of the peace or in any other capacity.

Textual Amendments

F9 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 61(1)

F10 Words “London Pensions Fund Authority” substituted for “London Residuary Body” by S.I. 1989/1815, art. 7(5)

50 E+W+S A pension payable under section 15(1) to (7) of the Superannuation (Miscellaneous Provisions) Act 1967 (metropolitan civil staffs).

51 A pension payable by a local authority, or by a police authority in England and Wales other than a local authority, under any enactment other than section 15 of the M13 Superannuation (Miscellaneous Provisions) Act 1967 in respect of service ending with—

(a) service as a civilian employed under section 10 of the M14 Police Act 1964 by such a police authority; or

(b) service as a traffic warden employed by such a police authority under section 2 of the M15 Road Traffic and Roads Improvement Act 1960 or section 81(9) of the M16 Road Traffic Regulation Act 1967 [F11 section 95(1) of the Road Traffic Regulation Act 1984.]

Textual Amendments

F11 Words inserted by Road Traffic Regulation Act 1984 (c. 27,SIF 107:1), s. 146, Sch. 13 para. 12

Marginal Citations

M13 1967 c. 28.

M14 1964 c. 48.

M15 1960 c. 63.

M16 1967 c. 76.

52 E+W+S A pension payable by a police authority under regulations made under section 60(2) of the M17 Local Government Act 1958, section 85(4) of the M18 London Government Act 1963 or section 4 of the M19 Public Expenditure and Receipts Act 1968 (compensation for loss of employment or emoluments due to reorganisation of local government etc). [F12 or under regulations made under section 24 of the M20 Superannuation 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.]

Textual Amendments

F12 Words inserted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(k)

Marginal Citations

M17 1958 c. 55.

M18 1963 c. 33.

M19 1968 c. 14.

M20 1972 c. 11.

Probation and after-care service E+W+S

53 E+W+S A pension payable in accordance with regulations under Schedule 4 to the M21 Local Government Superannuation Act 1953 [F13 or section 7 of the M22 Superannuation 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.

Textual Amendments

F13 Words inserted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(l)

Marginal Citations

M21 1953 c. 25.

M22 1972 c. 11.

Valid from 01/04/2001

[F14 53A E+W+S A pension payable in accordance with regulations under section 7 of the M23 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.]

Textual Amendments

F14 Sch. 2 para. 53A inserted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 45; S.I. 2001/919, art. 2(f)(ii)

Marginal Citations

M23 1972 c. 11.

54 E+W+S 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 E+W+S A pension payable by a probation and after-care committee under regulations made under section 60(2) of the M24 Local Government Act 1958 or section 85(4) of the M25 London Government Act 1963 (compensation for loss of employment or emoluments due to reorganisation of local government) [F15 or under regulations made under section 24 of the M26 Superannuation Act 1972 (further provisions requiring payment of compensation for loss of employment, etc.).]

Textual Amendments

F15 Words inserted by Superannuation Act 1972 (c. 11), Sch. 6 para 89(m)

Marginal Citations

M24 1958 c. 55

M25 1963 c. 33.

M26 1972 c. 11.

Teachers and school staff E+W+S

56 E+W+S A pension payable by a local authority under section 14(3)(b) of the M27 Teachers (Superannuation) Act 1925.

Marginal Citations

M27 1925 c. 59.

57 A pension payable by a local authority in England or Wales under any enactment in respect of service as an employee of the managers of a non-provided school within the meaning of the M28 Education Act 1921 or a voluntary school within the meaning of the M29 Education Act 1944.

Marginal Citations

M28 1921 c. 51.

M29 1944 c. 31.

58 E+W+S 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 E+W+S A pension payable by a local authority in respect of service as a member of the staff of an approved school.

Miscellaneous E+W+S

60 E+W+S A pension payable by a local authority under any enactment in respect of service as a registration officer as defined in [F16 regulations made under section 7 of the M30 Superannuation Act 1972.]

Textual Amendments

F16 Words substituted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(n)

Marginal Citations

M30 1972 c. 11.

61 E+W+S A pension payable under [F17 section 6 of the M31 Coroners (Amendment) Act 1926 (county and borough coroners)][F17 paragraph 2 of Schedule 1 to the Coroners Act 1988.]

Textual Amendments

F17 Words substituted (E.W.) by Coroners Act 1988 (c. 13, SIF 33),s. 36(1), Sch. 3 para. 15

Marginal Citations

M31 1926 c. 59.

62 E+W+S A pension payable by a local authority in respect of service as a clerk, officer or servant employed under section 47 of the M32 Local Government Act 1948 or section 92 of the M33 General Rate Act 1967 by a local valuation panel.

Marginal Citations

M32 1948 c. 26.

M33 1967 c. 9.

63 E+W+S A pension payable by a local authority in respect of service ending with service as a rent officer or deputy rent officer under section 22 or 24 of the M34 Rent Act 1965 or section 40 of the M35 Rent Act 1968 [F18 or section 63 of the M36 Rent Act 1977.]

Textual Amendments

F18 Words added by Rent Act 1977 (c. 42), s. 155(2), Sch. 23 para. 51

Marginal Citations

M34 1965 c. 75.

M35 1968 c. 23.

M36 1977 c. 42.

64 E+W+S A pension payable by a local authority by way of such compensation as is mentioned in section 8(1)(b) [F19 or (c)] of this Act.

Textual Amendments

F19 Words substituted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(o)

[F20 64A E+W+S A pension payable by a residuary body established by the Local Government Act 1985 in respect of service ending with service with that body.]

Textual Amendments

F20 Sch. 2 Pt. 1 paras. 64A, 64B inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 61(2)

Modifications etc. (not altering text)

C1 Sch. 2 para. 64A extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2), Sch. 13 para. 27 (with ss. 54(7), 66(7), Sch. 17 paras. 22(1), 23(2))

[F21 64B E+W+S 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.]

Textual Amendments

F21 Sch. 2 Pt. I paras 64A, 64B inserted by Local Government Act 1985 (c. 51, SIF 81:1), s.61(2)

[F22 64C E+W+S 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.]

Textual Amendments

F22 Sch. 2 Pt. 1 para. 64C inserted (29.7.1988) by Education Reform Act 1988 (c. 40, SIF 41:1), s. 179(3)

[F23 F24 64D E+W+S A pension payable by the London Pensions Fund Authority.]

Textual Amendments

F23 Sch. 2 Pt. II para. 64D inserted (E.W.) (30.10.1989) at the end of Part II by SI 1989/1815, art. 7(6)

F24 Para. renumbered 64D by S.I. 1990/198, art.3