4The Secretary of State shall pay to a National Insurance Commissioner such salary or other remuneration, and such expenses incurred in connection with the work of a Commissioner or any tribunal presided over by a Commissioner, as may be determined by the Minister for the Civil Service.
5(1)The Secretary of State may from time to time recommend to the Minister for the Civil Service that there shall be paid out of money provided by Parliament to a National Insurance Commissioner an annual sum by way of superannuation allowance calculated in accordance with sub-paragraph (2) below if either—
(a)he is at the time of his retirement over the age of 72 or, where he retires after 15 years' service, the age of 65 ; or
(b)the Secretary of State is satisfied by means of a medical certificate that at the time of his retirement he is, by reason of infirmity of mind or body, incapable of discharging the duties of his office and that the incapacity is likely to be permanent.
(2)When the number of completed years of service is as specified in column 1 of the Table below, the annual allowance shall not exceed the fraction of the last annual salary respectively specified in the second column of the Table—
| Years of service | Fraction of salary |
|---|---|
| Less than 5 | 6/40ths |
| 5 | 10/40ths |
| 6 | ll/40ths |
| 7 | 12/40ths |
| 8 | 13/40ths |
| 9 | 14/40ths |
| 10 | 15/40ths |
| 11 | 16/40ths |
| 12 | 17/40ths |
| 13 | 18/40ths |
| 14 | 19/40ths |
| 15 or more | 20/40ths |
(3)For the purposes of sub-paragraphs (1) and (2) above—
(a)service as Commissioner which is not remunerated by means of a salary shall be disregarded ;
(b)the Minister for the Civil Service may by regulations provide for counting as service as Commissioner pensionable service in any other capacity under the Crown.
(4)The decision of the Minister for the Civil Service shall be final on any question arising as to—
(a)the amount of any superannuation allowance under this paragraph; or
(b)the reckoning of any service for the purpose of calculating such an allowance.
(5)This paragraph is without prejudice to the pension benefits conferred by the [1950 c. 11 (14 & 15 Geo. 6).] Administration of Justice (Pensions) Act 1950.