Overseas Pensions Act 1973

2 Superannuation schemes as respects certain overseas service and service with the Central Office of the Overseas Audit Department. U.K.

(1) The Secretary of State may, with the consent of the Minister for the Civil Service, make, maintain and administer schemes (whether contributory or not) whereby provision is made with respect to the pensions, allowances or gratuities which, subject to the fulfilment of such requirements and conditions as may be prescribed by the schemes, are to be paid, or may be paid, by the Secretary of State to or in respect of such of the persons to whom this section applies as he may determine.

(2) This section applies to—

(a) persons who have, whether before or after the passing of this Act, served in any office or employment in respect of which pensions, allowances or gratuities are provided by or under any of the enactments and instruments listed in Schedule 1 to this Act;

(b) any other persons for whom it is appropriate, in the opinion of the Secretary of State, to provide pensions, allowances or gratuities in accordance with any scheme made under this section superseding or supplementing any provision made by or under any of the said enactments and instruments;

(c) persons who have served in the Central Office of the Overseas Audit Department (which was wound up on 31st December 1971); F1 . . .

[F2 (d) a person who is—

(i) a member of a police force engaged on relevant service within the meaning of [F3 section 97(1)(a), (e) or (g) of the Police Act 1996 (service under section 26 of the Police Act 1996, under section 1(1) of the Police (Overseas Service) Act 1945 or pursuant to an appointment under section 10 of the Overseas Development and Co-operation Act 1980)][F4 or an appointment made in connection with the provision by the Secretary of State of assistance under the International Development Act 2002], or]

[F5 (ii) a constable of the Police Service of Scotland engaged on temporary service of any of the kinds listed in subsection (2A), or]

(iii) a member of the Royal Ulster Constabulary engaged on relevant service within the meaning of section 27(1)(d), (g) or (h) of the Police (Northern Ireland) Act 1998,

and who is incapacitated or dies as a result of an injury sustained or disease contracted during that service;

(e)

persons who are contributing or who have contributed to the Oversea Superannuation Scheme, whether before or after the coming into force of this paragraph.

[F6 (2A) The reference to temporary service in subsection (2)(d)(ii) is to any of the following kinds of temporary service in pursuance of section 15 of the Police and Fire Reform (Scotland) Act 2012—

(a) service in pursuance of section 15 of the Police and Fire Reform (Scotland) Act 2012 with any person engaged in activity outwith the United Kingdom;

(b) service the expenses of which are payable under section 1(1) of the Police (Overseas Service) Act 1945 with the consent of the chief constable of the Police Service of Scotland;

(c) service pursuant to an appointment under section 10 of the Overseas Development and Co-operation Act 1980 with the consent of the chief constable of the Police Service of Scotland; or

(d) service pursuant to appointment made in connection with the provision by the Secretary of State of assistance under the International Development Act 2002]

(3) Notwithstanding any repeal made by this Act, the enactments and instruments listed in Schedule 1 to this Act shall, with the necessary adaptations and modifications, have effect as from the commencement of this Act as if they constituted schemes made under this section coming into operation on the said commencement.

(4) The provisions of the pension scheme set out in the departmental instructions in force in relation to the Overseas Audit Department immediately before 31st December 1971 shall, with the necessary adaptations and modifications, have effect as from the commencement of this Act as if they constituted a scheme made under this section coming into operation on the said commencement.

F7 [( 4A ) The provisions of the Oversea Superannuation Scheme and of the regulations made under it shall, with the necessary adaptations and modifications, have effect as from the coming into force of this subsection as if they together constituted a scheme made under this section.]

(5) Unless the context otherwise requires, any reference in this or any other Act to a scheme made under this section shall include a reference to a scheme having effect, by virtue of subsection (3) or [F8 , (4) or (4A)] above, as if made under this section.

Textual Amendments

F1 Word in s. 2(2) repealed (27.08.1991) by Oversea Supernnuation Act 1991 (c. 16, SIF 101A:1), ss. 1(2), 3(2).

F2 S. 2(2)(d) substituted (21.7.1994 for specified purposes and otherwise 1.4.1995) by 1994 c. 29, ss. 44, 94(3)(d), Sch. 5 Pt. II para. 18; S. I. 1994/3262, art. 4, Sch

F3 Words in s. 2(2)(d)(i) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II para. 22

F4 Words in s. 2(2)(d)(i)(ii) inserted (17.6.2002) by 2002 c. 1, s. 19, Sch. 3 para. 5 (with Sch. 5 para. 5); S.I. 2002/1408, art. 2

F5 S. 2(2)(d)(ii) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 9(a) (with Sch. 3 para. 10(5))

F6 S. 2(2A) inserted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 9(b) (with Sch. 3 para. 10(5))

F7 s. 2(4A) inserted (27.08.1991) by Oversea Superannuation Act 1991 (c. 16, SIF 101A), ss. 1(3), 3(2).

F8 Words in s. 2(5) substituted (27.08.1991) by Oversea Superannuation Act 1991 (c. 16, SIF 101A), ss. 2(4), 3(2).

Modifications etc. (not altering text)

C1 Ss. 1, 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)