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 section 53C(1)(a), (c) or (e) of the M1 Police Act 1964 (service under section 15A of the Police Act 1964, under section 1(1) of the M2 Police (Overseas Service) Act 1945 or pursuant to an appointment under section 10 of the Overseas Development and Co-operation Act 1980), or

(ii) a constable of a police force engaged on relevant service within the meaning of section 38A(1)(a), (c) or (e) of the M3 Police (Scotland) Act 1967 (service under section 12A of that Act, section 1(1) of the M4 Police (Overseas Service) Act 1945 or pursuant to an appointment under section 10 of the Overseas Development and Co-operation Act 1980),

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.

(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.

[F3 (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 [F4 , (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(1), Sch. (subject to arts. 4(2)-(8), 5)

F3 s. 2(4A) inserted (27.08.1991) by Oversea Superannuation Act 1991 (c. 16, SIF 101A), ss. 1(3), 3(2).

F4 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)

Marginal Citations

M1 1964 c. 48.

M2 1945 c. 17.

M3 1967 c. 77.

M4 1945 c. 17.