Pensions (Increase) Act 1971

Sections 4, 5, 7 and 15.

SCHEDULE 2Official Pensions

PART IState Pensions

Ministerial and parliamentary

1A pension payable under section 3 of the [1965 c. 58.] Ministerial Salaries Consolidation Act 1965 (Prime Ministers).

2A pension payable under the [1832 c. 111.] Lord Chancellor's Pension Act 1832.

3A pension payable under [1959 c. 1 (8 & 9 Eliz. 2).] Mr. Speaker Morrison's Retirement Act 1959 or the [1965 c. 70.] Hon. Lady Hylton-Foster's Annuity Act 1965.

Civil Service

4A pension payable under the Superannuation Acts 1965 and 1967.

Administration of justice

5A pension payable under any of the following:—

(a)the [1876 c. 59.] Appellate Jurisdiction Act 1876 (Lords of Appeal);

(b)section 14 of the [1925 c. 49.] Supreme Court of Judicature (Consolidation) Act 1925 (higher judiciary in England and Wales);

(c)the [1808 c. 145.] Judges' Pensions (Scotland) Act 1808 (higher judiciary in Scotland);

(d)section 19 of the [1877 c. 57.] Supreme Court of Judicature Act (Ireland) 1877 (higher judiciary in Northern Ireland).

6A pension payable out of the Consolidated Fund or out of moneys provided by Parliament, under Part I of the [1950 c. 11 (14 & 15 Geo. 6).] Administration of Justice (Pensions) Act 1950 (widows and children of judges and senior officials in the legal system, including the Chairman and Deputy Chairman of the Monopolies Commission).

7A pension payable under section 9 of the [1934 c. 53.] County Courts Act 1934 (county court judges).

8A pension payable under section 20 of the [1907 c. 51.] Sheriff Courts (Scotland) Act 1907 or section 1 of the [1961 c. 42.] Sheriffs' Pensions (Scotland) Act 1961 (sheriffs and salaried sheriffs-substitute).

9A pension payable under section 34(1) of the [1951 c. 46.] Courts-Martial (Appeals) Act 1951 (Judge Advocate General).

10A pension payable under section 4(5) of the [1956 c. 34.] Criminal Justice Administration Act 1956 (Recorder of Manchester or Liverpool).

11A pension payable under the [1954 c. 37.] Superannuation (President of the Industrial Court) Act 1954.

12A pension payable under section 2(6) of the [1949 c. 42.] Lands Tribunal Act 1949 to a former member of the Lands Tribunal.

13A pension payable under the Police Magistrates (Superannuation) Acts 1915 and 1929.

Police and firemen

14A pension payable by a Secretary of State under the [1945 c. 17 (9 & 10 Geo. 6).] Police (Overseas Service) Act 1945 to a person who at the time of his retirement was engaged as mentioned in section 1(1) of the Act.

This paragraph includes a substituted pension not so payable if the original pension is so payable.

15A pension payable by a Secretary of State under the [1948 c. 24.] Police Pensions Act 1948 to a person who at the time of his retirement—

(a)was engaged as mentioned in section 1(1) of the Police (Overseas Service) Act 1945 ; or

(b)was engaged in service in respect of which the provisions of section 5 of the [1958 c. 14.] Overseas Service Act 1958 had effect; or

(c)was serving as an inspector or assistant inspector of constabulary under the [1964 c. 48.] Police Act 1964 or the [1967 c. 77.] Police (Scotland) Act 1967; or

(d)was engaged in central service pursuant to section 43 of the Police Act 1964 or section 38 of the Police (Scotland) Act 1967.

This paragraph includes a substituted pension not so payable if the original pension is so payable.

16A pension payable by a Secretary of State in accordance with a scheme in force under section 26 of the [1947 c. 41.] 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.

Teachers

17A pension payable under the Elementary School Teachers (Superannuation) Acts 1898 to 1912.

18A pension payable under the Teachers (Superannuation) Acts 1918 to 1956.

This paragraph does not include—

(a)a pension specified in paragraph 56 of this Schedule ; or

(b)so much of any pension payable under the said Acts of 1918 to 1956 as would not have been payable apart from an election under section 10(1) of the [1956 c. 53.] Teachers (Superannuation) Act 1956.

19A pension payable under the Education (Scotland) Acts 1939 to 1967.

This paragraph does not include a pension granted under Regulation 45 of the [S.I. 1957/356.] Teachers (Superannuation) (Scotland) Regulations 1957.

20A pension payable under regulations made under section 1 or section 7 of the [1967 c. 12.] Teachers' Superannuation Act 1967.

21A pension payable under the [1968 c. 12.] Teachers Superannuation (Scotland) Act 1968.

National health service

22A pension payable by a Secretary of State under or by virtue of any of the following:—

(a)section 6 of the [1946 c. 81.] National Health Service Act 1946 or of the [1947 c. 27.] National Health Service (Scotland) Act 1947 (former officers of voluntary hospitals) ;

(b)section 67 or 68 of the National Health Service Act 1946 or section 66 or 67 of the National Health Service (Scotland) Act 1947 (former officers of hospital authorities and others engaged in health services).

23A pension payable by a Secretary of State in consequence of any change affecting the National Health Service and payable—

(a)in pursuance of an order under section 11(9) of the National Health Service Act 1946 ; or

(b)under regulations made under section 60(2) of the [1958 c. 55.] Local Government Act 1958, section 85(4) of the [1963 c. 33.] London Government Act 1963 or section 35 of the [1968 c. 46.] Health Services and Public Health Act 1968.

National insurance

24A pension payable by a Secretary of State in pursuance of regulations made under section 67 of the [1946 c. 67.] National Insurance Act 1946 (loss of employment or diminution of emoluments attributable to passing of that Act. of former employees of approved societies etc.).

25A pension payable in pursuance of rules made under section 3 of the [1948 c. 33.] Superannuation (Miscellaneous Provisions) Act 1948 (former employees of approved societies etc.).

This paragraph does not include a pension payable under the Superannuation Acts 1965 and 1967.

26A pension payable under section 79 of the [1965 c. 51.] National Insurance Act 1965 (National Insurance Commissioners).

Diplomatic, colonial and overseas service

27A pension payable under the Governors Pensions Acts 1957 and 1967.

28A pension payable under the [1948 c. 4 (12, 13 & 14 Geo. 6).] Judges Pensions (India and Burma) Act 1948.

29A pension payable under the [1869 c. 43.] Diplomatic Salaries &c. Act 1869.

Service in Ireland

30A pension payable under Schedule 8 to the [1920 c. 67.] Government of Ireland Act 1920 (former Irish civil servants).

31A pension payable to or in respect of an existing Irish officer within the meaning of the Government of Ireland Act 1920, under the Superannuation Acts 1834 to 1965.

32A pension payable under the enactments relating to pensions of the Royal Irish Constabulary.

This paragraph does not include a pension payable under regulations made under section 1 of the [1954 c. 17.] Royal Irish Constabulary (Widows' Pensions) Act 1954.

Miscellaneous

33A pension payable by a Secretary of State in respect of service as officer of a local valuation panel, under regulations made under section 85(4) of the [1963 c. 33.] London Government Act 1963.

34A pension payable under section 29 of the [1932 c. 25.] Finance Act 1932, section 60 of the [1945 c. 13 (9 & 10 Geo. 6).] Finance (No. 2) Act 1945 or section 62 of the [1946 c. 64.] Finance Act 1946 (compensation to tax collectors and assessors for loss of employment).

35A pension payable by way of residual compensation under Part IV of the [S.I. 1949/2289.] Gas (Staff Compensation) Regulations 1949 as amended by the [S.I. 1951/1327.] Gas (Staff Compensation) (Amendment) Regulations 1951 (gas meter examiners and others employed by local authorities before nationalisation).

36A widow's pension payable by a Secretary of State in accordance with a scheme framed by the then Army Council under the [1914 c. 18 (5 & 6 Geo. 6).] Injuries in War (Compensation) Act 1914 (Session 2) for established civil servants employed abroad within the sphere of military operations.

37A pension payable by a Secretary of State under regulations-made under section 17(5) of the [1966 c. 30.] Reserve Forces Act 1966 (civilian employees of Territorial and Auxiliary Forces Associations).

38A pension payable by a Secretary of State in respect of service with the St. Andrew's Ambulance Association, by reference to regulations made under section 4 of the [1968 c. 14.] Public Expenditure and Receipts Act 1968.

PART IIPensions out of Local Funds

Local government service

39A 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

40A pension payable under section 33 of the [1949 c. 101.] Justices of the Peace Act 1949 (stipendiary magistrates).

41A pension payable by a local authority under Part I of the [1950 c. 11 (14 & 15 Geo. 6).] Administration of Justice (Pensions) Act 1950 (widows and children of stipendiary magistrates and of chairmen and deputy chairmen of London Sessions).

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

Police and firemen

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

(a)the [1948 c. 24.] Police Pensions Act 1948, or any enactment repealed by that Act or by the [1921 c. 31.] Police Pensions Act 1921;

(b)section 34 or 35 of the [1964 c. 48.] Police Act 1964 ;

(c)section 26 or 27 of the [1967 c. 77.] 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.

44A 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 [1947 c. 41.] 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.

45A 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 [1925 c. 47.] Fire Brigade Pensions Act 1925); or

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

46A derivative pension payable under the [1921 c. 31.] Police Pensions Act 1921 in respect of a person to whom the [S.R. & O. 1941/1271.] National Fire Service (Preservation of Pensions) (Police Firemen) Regulations 1941 applied at the time of that person's death or retirement.

Court and police staffs

47A pension payable by a local authority in England or Wales under any enactment other than section 15(1) to (7) of the [1967 c. 28.] 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.

48A pension payable by the Greater London Council in respect of service ending with employment by the committee of magistrates for the inner London area.

49A pension payable by the Greater London Council 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.

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

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

(a)service as a civilian employed under section 10 of the [1964 c. 48.] 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 [1960 c. 63.] Road Traffic and Roads Improvement Act 1960 or section 81(9) of the [1967 c. 76.] Road Traffic Regulation Act 1967.

52A pension payable by a police authority under regulations made under section 60(2) of the [1958 c. 55.] Local Government Act 1958, section 85(4) of the [1963 c. 33.] London Government Act 1963 or section 4 of the [1968 c. 14.] Public Expenditure and Receipts Act 1968 (compensation for loss of employment or emoluments due to reorganisation of local government etc.).

Probation and after-care service

53A pension payable in accordance with regulations under Schedule 4 to the [1953 c. 25.] Local Government Superannuation Act 1953 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.

54A 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.

55A pension payable by a probation and after-care committee under regulations made under section 60(2) of the [1958 c. 55.] Local Government Act 1958 or section 85(4) of the [1963 c. 33.] London Government Act 1963 (compensation for loss of employment or emoluments due to reorganisation of local government).

Teachers and school staff

56A pension payable by a local authority under section 14(3)(b) of the [1925 c. 59.] Teachers (Superannuation) Act 1925.

57A 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 [1921 c. 51.] Education Act 1921 or a voluntary school within the meaning of the [1944 c. 31.] Education Act 1944.

58A 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.

59A pension payable by a local authority in respect of service as a member of the staff of an approved school.

Miscellaneous

60A pension payable by a local authority under any enactment in respect of service as a registration officer as defined in section 40 of the [1937 c. 68.] Local Government Superannuation Act 1937 or section 34 of the [1937 c. 69.] Local Government Superannuation (Scotland) Act 1937.

61A pension payable under section 6 of the [1926 c. 59.] Coroners (Amendment) Act 1926 (county and borough coroners).

62A pension payable by a local authority in respect of service as a clerk, officer or servant employed under section 47 of the [1948 c. 26.] Local Government Act 1948 or section 92 of the [1967 c. 9.] General Rate Act 1967 by a local valuation panel.

63A 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 [1965 c. 75.] Rent Act 1965 or section 40 of the [1968 c. 23.] Rent Act 1968.

64A pension payable by a local authority by way of such compensation as is mentioned in section 8(1)(b) of this Act.

PART IIIOther Pensions

65A pension payable by the trustees of a trustee savings bank or by the Inspection Committee of trustee savings banks.

66A pension payable in respect of service with, or as compensation for loss of employment on the winding up of, the Raw Cotton Commission.

In relation to a pension within this paragraph the Minister for the Civil Service shall be taken to be the pension authority.

67A pension payable by the Greater London Council or the council of a London borough under section 80(9) to (11) of the [1933 c. 14.] London Passenger Transport Act 1933.

68A pension payable by the council of the London borough of Southwark in respect of employment in the borough market, Southwark.