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Superannuation Act 1965

Status:

This is the original version (as it was originally enacted).

SCHEDULES

Section 14.

SCHEDULE 1Modification of sections 1, 3, 4, 6 and 13 of this Act in Relation to Certain Persons.

PART I

Modification of sections 1, 3, 4, 6 and 13 in relation to certain Female Persons who were Civil Servants on 27th June 1935

1(1)Subject to sub-paragraph (2) of this paragraph, this Part of this Schedule applies to any female person who—

(a)became a civil servant before 27th June 1935, and

(b)did not adopt the provisions of the [1909 c. 10.] Superannuation Act 1909.

(2)This Part of this Schedule shall not apply to a female person who—

(a)duly elected that Part I of the [1949 c. 44.] Superannuation Act 1949 should apply to her or duly elects that Part III of this Act shall apply to her, or

(b)duly made a nomination within the meaning of Part II of the said Act of 1949 or duly makes a nomination within the meaning of Part IV of this Act.

2(1)The proportion of the average annual amount of the salary and emoluments of her office during the last three years of her service on which the superannuation allowance which may be granted to a person to whom this Part of this Schedule applies is to be computed shall be one-sixtieth instead of one-eightieth and sections 1(1), 6(3) and 13(3) of this Act shall accordingly have effect in relation to such a person as if for the words " one-eightieth " there were substituted the words " one-sixtieth ".

(2)Where a person to whom this Part of this Schedule applies has been in the class from which she retires for a period of at least three years immediately before the grant to her of a superannuation allowance, such allowance shall be computed on the amount of the annual salary and emoluments of her office and accordingly the said section 1(1), as modified by the foregoing sub-paragraph, shall have effect in relation to that person as if for the words " the average annual amount of the salary and emoluments of his office during the last three years of his service " there were substituted the words " the annual salary and emoluments of her office ".

3(1)Where any fees or other sources of profit form part of the emoluments of an office of a person to whom this Part of this Schedule applies, the head of the department in which that office is may, for the purpose of computing any superannuation or compensation allowance to be granted to that person, fix, with the approval of the Treasury, an average sum in respect of that part of the emoluments which consists of such fees or other sources of profit, but not exceeding the average annual amount of such fees or other sources of profit during the three last preceding years.

(2)Sub-paragraph (1) of this paragraph shall not affect the amount of any superannuation allowance or other sum so far as it depends on the amount of that part of the emoluments of an office which does not consist of any fees or other sources of profit.

4Sections 3 and 4 of this Act shall not apply in relation to a person to whom this Part of this Schedule applies.

PART II

Modification of sections 1, 3, 4, 6 and 13 in relation to certain other Persons who were Civil Servants on 27th June 1935

5(1)Subject to sub-paragraph (2) of this paragraph, this Part of this Schedule applies to—

(a)any male person who was a civil servant on 27th June 1935 and who duly signified that he did not desire section 4 of the [1935 c. 23.] Superannuation Act 1935 to apply to him, and

(b)any female person who was a civil servant on 27th June 1935 and was allowed by the Treasury under section 1(2) of the said Act of 1935 to adopt the provisions of the [1909 c. 10.] Superannuation Act 1909 and who duly signified that she did not desire the said section 4 to apply to her.

(2)This Part of this Schedule shall not apply to—

(a)any person to whom Part I of the [1949 c. 44.] Superannuation Act 1949 became, or Part III of this Act becomes, applicable, or

(b)any person who duly made a nomination within the meaning of Part II of the said Act of 1949 or duly makes a nomination within the meaning of Part IV of this Act.

6Subject to paragraph 7 of this Schedule, any superannuation allowance, additional allowance or gratuity under section 4 of this Act which may be granted to, or in respect of, a person to whom this Part of this Schedule applies shall be computed on the annual salary and emoluments of his office and accordingly sections 1, 3 and 4 of this Act shall have effect in relation to any such person as if for the words " the average annual amount of the salary and emoluments of his office during the last three years of his service ", wherever those words occur in the said sections, there were substituted the words " the annual salary and emoluments of his office " and as if for the words " that amount" in the said section 3 there were substituted the words " the amount of such salary and emoluments "

7Paragraph 6 of this Schedule shall not have effect in relation to any person unless he has been in receipt of the salary and emoluments of his office, or has been in the class from which he retires or in which he was serving at the time of his death, as the case may be, for at least three years immediately before the grant of a superannuation allowance or additional allowance or, in the case of a gratuity under section 4(1) of this Act, immediately before his death.

8Sections 3, 6(3) and 13(3) of this Act shall, in relation to a person to whom this Part of this Schedule applies, have effect as if for the words " three-eightieths " there were substituted the words " one-thirtieth ".

9The amount of the additional allowance payable to a female person to whom this Part of this Schedule applies shall be increased by one-half per cent. in respect of each completed year she had served before 27th June 1935.

10Paragraph 3 of this Schedule shall apply in relation to a person to whom this Part of this Schedule applies as it applies in relation to a person to whom Part I of this Schedule applies subject to the modification that references therein to a superannuation allowance shall be construed as including references to an additional allowance and a gratuity under section 4 of this Act.

PART III

Modification of section 3 in relation to certain other Female Persons

11This Part of this Schedule applies to a female person who—

(a)was allowed by the Treasury under section 1(2) of the [1935 c. 23.] Superannuation Act 1935 to adopt the provisions of the [1909 c. 10.] Superannuation Act 1909, and

(b)did not duly signify that she did not desire section 4 of the Superannuation Act 1935 to apply to her.

12The amount of the additional allowance payable to a person to whom this Part of this Schedule applies shall be increased by one half per cent. in respect of each completed year she had served before 27th June 1935.

PART IV

Modification of section 3 in relation to certain members of the Diplomatic Service

13(1)This Part of this Schedule applies to a person—

(a)to whom immediately before 27th March 1929 the [1869 c. 43.] Diplomatic Salaries, &c. Act 1869 applied, or

(b)who having been appointed a member of the diplomatic service at any time after 1st April 1919 was such a member immediately before 27th March 1929, whether he was or was not a person to whom the said Act of 1869 so applied.

(2)If any question arises whether a person was a person to whom the said Act of 1869 applied or was a member of the diplomatic service immediately before 27th March 1929, that question shall be determined by the Treasury after consultation with the Secretary of State, and the decision of the Treasury thereon shall be final.

14The amount of the additional allowance which may be granted to a person to whom this Part of this Schedule applies shall be increased by one-half per cent. in respect of each completed year he had served before 27th March 1929.

Section 17.

SCHEDULE 2Provisions Applicable to Persons Employed in Unestablished or Part-Time Service Before 29th April 1965.

1Where a person, after being employed in part-time service to which section 16 of this Act applies, is employed in an unestablished capacity and he dies in, or retires or is removed from, his employment—

(a)his employment in the part-time service to which the said section 16 applies may, for the purpose of determining whether a gratuity may be granted under section 15 of this Act in respect of the service in an unestablished capacity (but not for the purpose of determining the amount of that gratuity), be taken into account as if it were employment in an unestablished capacity; and

(b)where, whether by virtue of sub-paragraph (a) of this paragraph or otherwise, a gratuity falls to be granted under the said section 15 to or in respect of him, a gratuity may also be granted under that section, as applied by section 16(2) of this Act, in respect of his said part-time service, notwithstanding that he has not served therein for the minimum period required by that section as so applied.

2Where a person, before being employed in part-time service to which the said section 16 applies, is employed in an unestablished capacity and he dies in, or retires or is removed from, his employment—

(a)his employment in the unestablished capacity may, for the purpose of determining whether a gratuity may be granted under the said section 15, as applied by the said section 16(2), in respect of the part-time service (but not for the purpose of determining the amount of that gratuity), be taken into account as if it were employment in the part-time service ; and

(b)where, whether by virtue of sub-paragraph (a) of this paragraph or otherwise, a gratuity falls to be granted to or in respect of him under the said section 15, as so applied, a gratuity may also be granted under that section in respect of his service in an unestablished capacity, notwithstanding that he has not served therein for the minimum period required by that section.

Section 20.

SCHEDULE 3Reckoning of service before 27th June 1935 in an unestablished capacity.

1Section 20 of this Act shall not extend to any persons who entered on employment in an unestablished capacity before 27th June 1935 except persons of such descriptions as may be specified in that behalf by regulations made by the Treasury, but no service before 1st January 1919 shall be reckoned under subsection (1) of that section.

2(1)This paragraph applies to a person who, having been employed in an unestablished capacity before 27th June 1935, continued to be so employed until the date on which he became or becomes a civil servant.

(2)If the service in an unestablished capacity of a person to whom this paragraph applies is not to be reckoned under section 20(1) of this Act as service in the capacity of a civil servant, and if in the opinion of the Treasury any special circumstances of the case warrant such a course, the Treasury may direct that his service in an unestablished capacity may be reckoned for the purposes of this Act as service in the capacity of a civil servant, and it shall be so reckoned accordingly.

3The Treasury may direct that, subject to such conditions as they may determine, paragraph 2 of this Schedule shall apply to a person who became or becomes a civil servant after having been employed in an unestablished capacity before 27th June 1935 notwithstanding that there was or is an interval between the conclusion of his employment in such a capacity and the time when he became or becomes a civil servant.

Section 30.

SCHEDULE 4Women's services.

1Member of Queen Alexandra's Royal Naval Nursing Service or any reserve thereof.

2Member of the Women's Royal Naval Service.

3Woman medical or dental practitioner serving in the Royal Navy or any naval reserve.

4Member of Queen Alexandra's Imperial Military Nursing Service or any reserve thereof or of Queen Alexandra's Royal Army Nursing Corps or any reserve thereof.

5Member of the Territorial Army Nursing Service or any reserve thereof.

6Member of the Auxiliary Territorial Service or the Women's Royal Army Corps.

7Woman employed with the Royal Army Medical Corps or the Army Dental Corps with relative rank as an officer.

8Member of Princess Mary's Royal Air Force Nursing Service or any reserve thereof.

9Member of the Women's Auxiliary Air Force or the Women's Royal Air Force.

10Woman employed with the Medical Branch or the Dental Branch of the Royal Air Force with relative rank as an officer.

11Member of the Voluntary Aid Detachments employed under the Admiralty, Army Council or Air Council.

Sections 52, 62, 65, 71, 72, 73.

SCHEDULE 5Provisions Relating to Incapacitated Persons.

PART I

Children's Pensions

1Where a person for whose benefit, if he were still in his period of childhood and full-time education, a children's pension could enure under Part III of this Act in respect of the service of any deceased person is for the time being incapacitated by an incapacity which arose or first arose during that period, then, subject as hereinafter provided, a children's pension may enure for the benefit of that person notwithstanding that he is no longer in his period of childhood and full-time education:

Provided that this paragraph shall not apply where the incapacity is a permanent one which arose before the deceased ceased to be a civil servant, and the deceased, before he ceased to be a civil servant, knew or might reasonably be expected to have known that it had arisen and was permanent.

2If in any case to which section 53(2) of this Act applies a children's pension can enure for the benefit of any person by virtue only of the foregoing paragraph, then, whether or not that pension can also enure for the benefit of any other person or persons, the annual rate thereof may amount to one-third of the rate of the superannuation allowance of the deceased or to £26 per annum, whichever is the higher.

PART II

Dependants' Pensions

3A life pension may be granted under section 64 of this Act to a nominee who is nominated before the end of the period of his childhood and full-time education, if the nomination states that he is permanently incapacitated; but a life pension shall not be granted to such a nominee by virtue of this paragraph until the end of his period of childhood and full-time education.

4Notwithstanding anything in section 65 of this Act, a pension of limited duration shall be capable of enuring for the benefit of a nominee after the end of his period of childhood and full-time education (not being a nominee who is presumptively eligible for a life pension) so long as he is for the time being incapacitated by an incapacity which arose or first arose during that period :

Provided that this paragraph shall not apply where the incapacity is a permanent one which arose before the nominator ceased to be a civil servant, and the nominator, before he ceased to be a civil servant, knew or might reasonably be expected to have known that it had arisen and was permanent.

5The annual rate of any such pension as is mentioned in the last foregoing paragraph may, whether or not it can also enure for the benefit of any other person or persons, amount to one-third of the rate of the superannuation allowance of the deceased or to £26 per annum, whichever is the higher.

6Section 67(2)(b)(iii) of this Act, and section 69(4)(c) thereof, shall not apply to the contributions payable in respect of a nomination by virtue of which the nominee is presumptively eligible for a life pension.

7Notwithstanding anything in section 71 or 72 of this Act, a nominator may have one nominee who is his child and is presumptively eligible for a life pension and may have that nominee in addition to the number of nominees allowed under the said section 71.

8A nomination in force immediately before paragraph (b) of section 72(1) of this Act became applicable to the nominator shall not be invalidated by reason only of that paragraph, if the nominee was then known to the nominator to be permanently incapacitated and was presumptively eligible for a life pension.

9A nomination by virtue of which the nominee is presumptively eligible for a life pension shall not become void by virtue of section 73(5) of this Act at the end of the nominee's period of childhood and full-time education; and for the purpose of determining whether a person not presumptively eligible for a life pension is eligible for a pension of limited duration by virtue of paragraph 4 of this Schedule, the said subsection (5) shall be deemed not to have applied to the nomination.

Section 60.

SCHEDULE 6Modification of Part III in Relation to Persons to whom section 6 or 13 applies.

PART I

Persons Serving after Retiring Age and 40 Years' Reckonable Service

1Where any person to whom section 6 of this Act applies ceases to be a civil servant after making periodical contributions under section 55 of this Act, the period in respect of which contributions may be returned to him by virtue of section 56(2)(b) of this Act shall be reduced by the number of years of reckonable service which are taken into account under section 6(3) of this Act or would be so taken into account but for the provisions of section 13(5) of this Act.

2For the purpose of computing any contribution to be made under section 57 of this Act in respect of a person to whom section 6 of this Act applies, there shall be taken into account (notwithstanding anything in section 57(5) of this Act) any year of reckonable service which is taken into account for the purposes of section 6(3) of this Act or which would be so taken into account but for the provisions of section 13(5) of this Act.

3Where any superannuation allowance or additional allowance granted to a person to whom section 6 of this Act applies is computed upon the amount specified in subsection (2)(a) of that section, any contribution to be made in respect of that person under section 57(3) of this Act shall be ascertained by reference to that amount instead of by reference to the average annual amount of the salary and emoluments of his office during the last three years of his service.

PART II

Persons Serving in Unestablished Employment after Retirement

4Where any person to whom section 13 of this Act applies had a wife when he ceased to be a civil servant then, in computing any contribution to be made in respect of him under section 57 of this Act, any year of continuous unestablished service which is taken into account for the purposes of section 13(3) of this Act, being a year throughout which his wife is living, shall be added to the number of relevant years as ascertained in accordance with section 57(4) and (5) of this Act:

Provided that the years added by virtue of this paragraph together with the years taken into account by virtue of paragraph 2 of this Schedule shall not exceed five in all.

5Where any superannuation allowance or additional allowance granted to a person to whom section 13 of this Act applies is computed upon the amount specified in subsection (2)(a) of that section, any contribution to be made in respect of that person under section 57(3) of this Act shall be ascertained by reference to that amount instead of by reference to the average annual amount of the salary and emoluments of his office during the last three years of his service as a civil servant.

6The amount of any increase attributable to the provisions of this Part of this Schedule in the contribution payable in respect of any person under Part III of this Act shall take the form of a reduction of the increase in the additional allowance which would otherwise be granted to that person by virtue of section 13 of this Act.

7In relation to a superannuation allowance which has been or may be increased under section 13 of this Act, the reference in section 50(2) of this Act to the annual rate of the superannuation allowance shall be construed as a reference to the annual rate of that allowance as so increased.

Section 76.

SCHEDULE 7Modification of Part IV in Relation to Persons to whom section 6 or 13 applies.

PART I

Persons Serving after Retiring Age and 40 Years' Reckonable Service

1Where any person to whom section 6 of this Act applies ceases to be a civil servant after making periodical contributions under section 67 of this Act, the period in respect of which contributions may be returned to him by virtue of section 68(2)(b) of this Act shall be reduced by the number of years of reckonable service which are taken into account under section 6(3) of this Act or would be so taken into account but for the provisions of section 13(5) of this Act.

2For the purpose of computing any contributions to be made under section 69 of this Act in respect of a person to whom section 6 of this Act applies there shall be taken into account (notwithstanding anything in section 69(5) of this Act) any year of reckonable service which is taken into account for the purposes of section 6(3) of this Act or which would be so taken into account but for the provisions of section 13(5) of this Act.

3Where any superannuation allowance or additional allowance granted to a person to whom section 6 of this Act applies is computed upon the amount specified in subsection (2)(a) of that section, any contribution to be made in respect of that person under section 69(3) of this Act shall be ascertained by reference to that amount instead of by reference to the average annual amount of the salary and emoluments of his office during the last three years of his service.

PART II

Persons Serving in Unestablished Employment after Retirement

4For the purpose of computing any contribution to be made under section 69 of this Act in respect of a person to whom section 13 of this Act applies, any year of continuous unestablished service which is taken into account for the purposes of section 13(3) of this Act, being a year throughout which a nomination made by that person under Part IV of this Act is in force, shall be added to the number of relevant years as ascertained in accordance with section 69(4) and (5) of this Act:

Provided that the years added by virtue of this paragraph together with the years taken into account by virtue of paragraph 2 of this Schedule shall not exceed five in all.

5Where any superannuation allowance or additional allowance granted to a person to whom section 13 of this Act applies is computed upon the amount specified in subsection (2)(a) of that section, any contribution to be made in respect of that person under section 69(3) of this Act shall be ascertained by reference to that amount instead of by reference to the average annual amount of the salary and emoluments of his office during the last three years of his service as a civil servant.

6The amount of any increase attributable to the provisions of this Part of this Schedule in the contribution payable in respect of any person under Part IV of this Act shall take the form of a reduction of the increase in the additional allowance which would otherwise be granted to that person by virtue of section 13 of this Act.

7In relation to a superannuation allowance which has been or may be increased under section 13 of this Act, the reference in section 63(2) of this Act to the annual rate of the superannuation allowance shall be construed as a reference to the annual rate of that allowance as so increased.

Section 98.

SCHEDULE 8Kinds of Employment Referred to in Section 98.

Museums and Galleries.

  • British Museum.

  • British Museum (Natural History).

  • Imperial War Museum.

  • London Museum.

  • National Gallery.

  • National Maritime Museum.

  • National Portrait Gallery.

  • Tate Gallery.

  • Wallace Collection.

  • National Galleries of Scotland.

  • National Museum of Antiquities of Scotland.

Royal Commissions and other Commissions.

  • Royal Fine Art Commission.

  • Royal Fine Art Commission for Scotland.

  • Historical Manuscripts Commission.

  • Standing Commission on Museums and Galleries.

  • Royal Commission on Historical Monuments (England).

  • Royal Commission on Ancient and Historical Monuments (Wales and Monmouthshire).

  • Royal Commission on Ancient and Historical Monuments of Scotland.

  • National Incomes Commission.

Other bodies.

  • Council for Technical Education and Training for Overseas Countries.

  • Inter-University Council for Higher Education Overseas.

  • National Economic Development Council.

  • National Library of Scotland.

  • Public Works Loan Board.

  • Scottish Land Court.

Section 103.

SCHEDULE 9Enactments Amended.

The Superannuation Act 1946 (9 & 10 Geo. 6. c. 60).

In section 5(3) for the words "this section" there shall be substituted the words " section 89 of the Superannuation Act 1965 " and for the words " the Superannuation Acts " there shall be substituted the words " that Act " .

In section 5(4) for the words " this section ", where first occurring, there shall be substituted the' words " the said section 89 " and for the words " this section ", where they occur for the second time, there shall be substituted the words " that section ".

The Post Office Act 1961 (9 & 10 Eliz. 2. c. 15).

In section 15(1) for the words from "so", where last occurring, to the end of the subsection there shall be substituted the words " provided by Parliament for supply services shall be construed as including a reference to the Fund ".

Section 104.

SCHEDULE 10Savings and Transitional Provisions.

General Provisions.

1The repeal of any enactment by this Act shall not affect any allowance, pension or gratuity granted before the commencement of this Act and the allowance, pension or gratuity shall be deemed to have been granted under the corresponding provision of this Act.

2(1)In so far as any rule, regulation, order, determination, decision, surrender, election, or nomination made, warrant issued, certificate, direction, notice or approval given, contribution paid, or other thing done, under an enactment repealed by this Act could have been made, issued, given, paid, or done under a corresponding provision of this Act, it shall not be invalidated by the repeal, but shall have effect as if made, issued, given, paid or done under that corresponding provision.

(2)Notwithstanding the repeal of section 41 of the [1949 c. 44.] Superannuation Act 1949, any warrants under section 1 of the [1887 c. 67.] Superannuation Act 1887 continued in force by subsection (9) of the said section 41 and deemed by that subsection to be warrants issued under that section shall, until revoked, continue in force and be deemed to be warrants issued under section 18 of this Act.

(3)The repeal of section 3 of the [1948 c. 33.] Superannuation (Miscellaneous Provisions) Act 1948 shall not affect any rules made under that section by virtue of paragraph 11 of Schedule 2 to the [1965 c. 10.] Superannuation (Amendment) Act 1965, and those rules shall continue to have effect notwithstanding the repeal of the said section 3.

3Where any Act or document refers, whether specifically or by means of a general description, to any enactment repealed by this Act or to any provision contained in any such enactment, the reference shall be construed as, or as including, a reference to this Act or, as the case may be, to the corresponding provision of this Act.

4Where a period of time specified in an enactment repealed by this Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provision thereof had been in force when that period began to run.

Provisions relating to Part I of Act.

5The cases to which section 13(4) of this Act applies include cases where the person ceased to be a civil servant before 29th April 1965 if he continued to serve, without any interval, in an unestablished capacity in the civil service until that date.

6(1)A gratuity or annual allowance shall not be granted under section 18 of this Act in respect of an injury suffered, or disease contracted, before I4th July 1949 except where the gratuity or allowance is permitted by the terms of a warrant issued under section 1 of the [1887 c. 67.] Superannuation Act 1887 and continued in force by section 41(9) of the [1949 c. 44.] Superannuation Act 1949 and paragraph 2(2) of this Schedule.

(2)A gratuity or annual allowance shall not be granted under the said section 18 to any of the relatives of a person who died before 29th April 1965 unless the death took place either immediately or within seven years from the time when that person suffered the injury or contracted the disease referred to in subsection (1) of that section.

(3)For the purpose of subsection (3) of section 33 of the [1962 c. 44.] Finance Act 1962 (which provides that for the purposes of any enactment or instrument passed or made before that Act under which the amount of any payment is to be determined by reference to the terms on which a savings bank annuity might for the time being be purchased under the [1929 c. 29.] Government Annuities Act 1929, the tables in force under section 53 of the said Act of 1929 shall, subject to the power of the Treasury under subsection (4) of the said section 33 by order to vary those tables or add or substitute new tables, apply as if the said Act of 1962 had not been passed) section 18(3) of this Act shall be deemed to have been passed before that Act.

(4)So much of section 18(5) of this Act as applies to a person in part-time service to which section 16 of this Act applies shall not have effect in relation to a person whose death took place before 29th April 1965.

7Section 19 of this Act shall not apply in relation to a payment made before 29th April 1965.

8In rule 4(1) of the [S.I. 1949/517.] Superannuation (Treatment of Compulsory National Service of Civil Servants) Rules 1949 which by virtue of paragraph 1 of this Schedule have effect as if made under section 32(3) of this Act the words "or any subsequent examination for persons desiring to obtain similar posts" shall not apply to any examinations held after 28th April 1965.

9Nothing in section 34 of this Act shall render any allowance or gratuity payable in respect of any period before 26th July 1946.

10In relation to service at any time before 29th April 1965, the expression "public office" in sections 38 and 39 of this Act includes—

(a)any public office within the meaning of the [1892 c. 40.] Superannuation Act 1892 as in force at that time, and

(b)any office in the permanent civil service of a colony within the meaning of the [1887 c. 13.] Pensions (Colonial Service) Act 1887 as in force at that time or any other office to which that Act then applied.

11(1)The Superannuation (Public Offices) Rules 1911 to 1948 shall continue in force and have effect as if made under section 38 of this Act, and may be amended or revoked accordingly.

(2)Subject to being so amended, and subject to section 39(5) of this Act, in those rules the expression " public office ", in relation to service before 29th April 1965, means any such office as is described in paragraph 10 of this Schedule and in relation to service at any later time has the meaning given by section 39 of this Act.

(3)This paragraph shall not extend to the said rules so far as they form part of the law of any country or territory outside the United Kingdom and the Isle of Man.

12In relation to allowances granted before 29th April 1965, rules under section 43 of this Act may authorise the allocation of part of an allowance beginning from a time after the beginning of the period in respect of which the allowance is paid.

13In relation to a person whose marriage took place before the date of the making of the first rules made under section 33 of the [1949 c. 44.] Superannuation Act 1949, section 44(1) and (3) of this Act shall have effect as if for references therein to the date of the marriage there were substituted references to the date on which that person notified in accordance with the rules his desire to make the surrender of part of the superannuation allowance granted or to be granted to him.

Provisions relating to Part III of Act.

14Section 49 of this Act shall apply in relation to a person to whom Part I of the Superannuation Act 1949 applied as if the first reference in paragraph (b) of that section to Part III of this Act were a reference to the said Part I.

15A direction may be given under section 52(4) or (5) of this Act by reference to an event before the commencement of this Act but not so as to authorise the payment, or increase, of an instalment of a pension in respect of a period falling before 29th April 1965.

16Section 55(3) of this Act shall have effect in relation to an election made, or having effect as if made, under section 55(1) or (2) of this Act by a person to whom Part I of the Superannuation Act 1949 applied as if the references to the date when Part III of this Act first applies to him were references to the date when the said Part I first applied to him.

17Sections 56(1) and 57(2) of this Act shall apply in relation to a person to whom Part I of the Superannuation Act 1949 applied as if the references to Part III of this Act included references to the said Part I.

18An election made by a person under any provision of section 10 of the Superannuation Act 1949 which was spent before the commencement of this Act and for which accordingly there is no corresponding provision in this Act, other than an election which has been cancelled before the said commencement, shall not be invalidated by the repeal of that section but shall have effect as if made under section 58 of this Act.

Provisions relating to Part IV of Act.

19Section 72(4) of this Act shall apply to a person to whom Part III of this Act does not apply by reason of an election of his that Part I of the Superannuation Act 1949 should not apply to him as it applies to a person to whom the said Part III does not apply by reason of an election of his that that Part should not apply to him subject to the modification that the references in paragraphs (a) and (b) of that subsection to the said Part III shall be construed as including references to the said Part I.

Section 104.

SCHEDULE 11Enactments Repealed.

ChapterShort TitleExtent of Repeal
4 & 5 Will. 4. c. 24.The Superannuation Act 1834.The whole Act.
22 Vict. c. 26.The Superannuation Act 1859.The whole Act.
50 & 51 Vict. c. 67.The Superannuation Act 1887.The whole Act.
9 Edw. 7. c. 10.The Superannuation Act 1909.The whole Act.
4 & 5 Geo. 5. c. 86.The Superannuation Act 1914.The whole Act.
19 Geo. 5. c. 11.The Superannuation (Diplomatic Service) Act 1929.The whole Act.
25 & 26 Geo. 5. c. 23.The Superannuation Act 1935.Sections 1 to 4, 6 to 8, 12, 13 and 16.
In section 17 the words from " the expression ", where first occurring, to " certificate and ".
In section 18(1) the words from " and ", where first occurring, to the end of the subsection.
6 & 7 Geo. 6. c. 35.The Foreign Service Act 1943.The whole Act.
9 & 10 Geo. 6. c. 60.The Superannuation Act 1946.Sections 1 to 4.
In section 5, subsections (1) and (2) and, in subsection (3), the words from " by", where first occurring, to " 1935 and ".
Section 6(2) and (3).
Section 9(1).
In section 10(1) the words from " and except " to the end.
Schedules 1 and 2.
11 & 12 Geo. 6. c. 33.The Superannuation (Miscellaneous Provisions) Act 1948.In section 1(1), paragraph (a) and the words from " for the purposes", where first occurring, to " capacity ".
Section 1(2).
In section 1(3) the words " in relation to the Superannuation Acts, 1834 to 1946, be made by the Treasury " and the words " by or ".
Section 1(4).
Sections 3 and 4.
In section 17(1) the definition of " service to the State in an unestablished capacity ".
12, 13 & 14 Geo. 6. c. 44.The Superannuation Act 1949.Parts I, II and III.
Sections 45, 46 and 47.
Section 48(5).
Sections 50, 51, 54 and 55.
Sections 57 to 61.
Section 62(1)(a) and (2).
Section 63 except the definition of "the Superannuation Acts" in subsection (1).
In section 64(1) the words from " and the" to the end.
Schedules 1 and 2.
14 & 15 Geo. 6. c. 2.The Superannuation Act 1950.Section 1(1).
Section 2.
In section 4, subsection (2) and the words in subsection (3) from " and this " to the end.
14 & 15 Geo. 6. c. 65.The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951.Section 41(3).
5 & 6 Eliz. 2. c. 37.The Superannuation Act 1957.The whole Act.
8 & 9 Eliz. 2. c. 11.The Foreign Service Act 1960.The whole Act.
9 & 10 Eliz. 2. c. 15.The Post Office Act 1961.In section 15(1), the words from the beginning to " Fund; and ".
1963 c. 24.The British Museum Act 1963.Sections 6(3) and 13(4).
1965 c. 10.The Superannuation (Amendment) Act 1965.Sections 1 to 3.
In section 4, subsections (3) to (5) and, in subsection (6), the words " Sections 1 to 3 of this Act and ".
In section 5 the words " The Superannuation Acts ".
Sections 6 and 7.
Section 8(1)(a) and (2)(a).
In section 9(1) the words from " and the " to the end of the subsection.
Section 9(2), (3) and (5).
In Schedule 1 the entries relating to the Foreign Service Act 1943 and the Superannuation Act 1949.
Schedule 2 except paragraphs 11 and 12(3) and (4), paragraph 24, so far as it relates to section 6 of the Administration of Justice (Pensions) Act 1950, and paragraph 26.
Schedules 3 and 4.

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