Superannuation (Amendment) Act 1965
| Jurisdiction | UK Non-devolved |
| Citation | 1965 c. 10 |
| Year | 1965 |
Superannuation(Amendment) Act 1965
1965 CHAPTER 10
An Act to amend the law relating to the superannuation and other benefits payable to or in respect of civil servants, including members of Her Majesty's diplomatic service, and to provide for certain other matters connected with the establishment of that service, to amend the law relating to such benefits payable to or in respect of persons employed in more than one public office, to amend the provisions of the Administration of Justice (Pensions) Act 1950 relating to pensions payable for children, and to authorise the winding up of the National Insurance (Existing Pensioners) Fund.
[29th March 1965]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Her Majesty's diplomatic service
1 Superannuation benefits in cases of voluntary retirement from diplomatic service before attaining age of 50.
(1) If the employment of a member of Her Majesty's diplomatic service who has not attained the age of fifty years is terminated at his request, and when his employment is so terminated—
(a ) his reckonable service is not less than twenty years, and
(b ) his actual service as a civil servant in countries or places outside the United Kingdom is not less than eight years,
the same superannuation allowance and additional allowance, if any, may be granted to him as might have been granted to him if he had retired upon a medical certificate:
Provided that, unless the Treasury otherwise determine on compassionate grounds, no such allowance shall be granted to a person by virtue of this subsection before he attains the age which would have been the retiring age for him if he had continued to serve as a civil servant but had so continued in service in the United Kingdom.
(2) Where a person who would have been eligible for (the grant of a superannuation allowance but for the operation of the proviso to the foregoing subsection dies without any such allowance being granted to him, the Treasury may grant to his legal personal representatives such gratuity, if any, as might have been granted to them if he had died on the last day on which he was employed as a civil servant.
(3) For the purposes of subsection (1)(b ) of this section—
(a ) service in an unestablished capacity in the civil service of the State in countries or places outside the United Kingdom which could be taken into account in computing the amount of any superannuation allowance shall be taken into account as if it were service as a civil servant,
(b ) the Treasury may disregard all or any part of the service of a person who was residing outside the United Kingdom when he first entered the civil service of the State,
(c ) the provisions of section 42(2) of the Superannuation Act 1949 (treating a year of actual service as one and a half years for pension purposes) and of section 2 of the Superannuation Act 1946 (treating length of service as eight-fifths of the actual length) shall be disregarded, and
(d ) subject to paragraph (a ) above, service which, though deemed for pension purposes to be service as a civil servant, is not actual service as a civil servant shall be disregarded.
(4) Section 63 of the Superannuation Act 1949 shall apply for the interpretation of this section.
2 Voluntary retirement from Secretarial Branch of diplomatic service after attaining age of 35.
(1) If the employment of a member of the Secretarial Branch of Her Majesty's diplomatic service who has attained the age of thirty-five years is terminated at his request, and that person is not eligible for a superannuation allowance or additional allowance, the Treasury may, subject to the following provisions of this section, grant a gratuity to him under this section.
(2) Unless the Treasury otherwise determine on compassionate grounds, no gratuity shall be granted under this section to a person who was, at his retirement, offered a transfer to comparable employment as a civil servant in the United Kingdom, and not in the diplomatic service.
(3) The Treasury may by rules under this section—
(a ) prescribe the amount of the gratuity payable under this section, and provide for that amount to be different in different circumstances,
(b ) impose conditions to be satisfied before a gratuity is payable under this section,
and the power of making rules under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(4) Section 63 of the Superannuation Act 1949 shall apply for the interpretation of this section.
3 Superannuation benefits on termination of service in diplomatic service before retiring age.
(1) Section 2 of the Foreign Service Act 1943 (under which superannuation benefits may be payable to a member of the foreign service of a grade not lower than second secretary whose employment is terminated before retiring age) shall be amended as follows.
(2) In subsection (1)(a ) for the words ‘foreign service of a member thereof of a grade not lower than that of second secretary’ there shall be substituted the words ‘diplomatic service of a member thereof’.
(3) If the member of the diplomatic service whose employment is terminated is not an officer of any of the grades 1 to 8 and, at the termination of his employment, he was offered comparable employment as a civil servant in the United Kingdom, and not in the diplomatic service, then, unless the Treasury otherwise determine on compassionate grounds, no superannuation allowance or additional allowance shall be granted to him by virtue of the said section 2 before he attains the age which would have been the retiring age for him if he had continued to serve as a civil servant, and had so continued in service in the United Kingdom.
(4) Where a person who would have been eligible for the grant of a superannuation allowance but for the operation of the last foregoing subsection dies without any such allowance being granted to him, the Treasury may grant to his legal personal representatives such gratuity, if any, as might have been granted to them if he had died on the last day on which he was employed as a civil servant.
(5) If no special increase in respect of an additional allowance is payable to a member of the diplomatic service under subsection (2) of the said section 2 because that member is not eligible for an additional allowance, section 1(2)(b ) of the Foreign Service Act 1960 (which provides that the special increase payable under that subsection in respect of a superannuation allowance shall not exceed one-twelfth of the salary and emoluments on which the allowance is computed or such sum as may be required to make that allowance equal to three-twelfths of the said salary and emoluments, whichever is the higher) shall have effect, in relation to that member, as if in sub-paragraph (i) for the words ‘one-twelfth’ there were substituted the words ‘one-tenth’ and in sub-paragraph (ii) for the words ‘three-twelfths’ there were substituted the words ‘three-tenths’.
(6) This section shall have effect as respects termination of employment in 1965 or any later year.
4 Other provisions relating to diplomatic service.
(1) The Acts mentioned in Schedule 1 to this Act shall have effect subject to the amendments there specified, being amendments consequent on the establishment of Her Majesty's diplomatic service.
(2) The Treasury may by order make such amendments of any enactment passed before this Act which refers to Her Majesty's foreign service, or to an office, rank or grade in the civil service, as appear to the Treasury to be expedient having regard to the establishment of Her Majesty's diplomatic service, or to any reorganisation of the grades of that service.
An order made under this section—
(a ) may be made so as to have effect as from a date before the making of the order, but not earlier than 1st January 1965, and
(b ) may be varied or revoked by a subsequent order so made, and
(c ) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(3) The following provisions, which become unnecessary on the establishment of Her Majesty's diplomatic service, shall cease to have effect, that is the Superannuation (Diplomatic Service) Act 1929 , except section 1(d ) (and section 3 as it relates to that paragraph).
(4) If there is any re-organisation of the grades of Her Majesty's diplomatic service, the Secretary of State may by order contained in a statutory instrument make such modifications of references in the foregoing provisions of this Act to those grades (including the references in section 2 of this Act to the Secretarial Branch) as appear to him expedient having regard to the nature of the re-organisation; and if any question arises whether a person at any time was a member of Her Majesty's diplomatic service, or of the Secretarial Branch or of any other grade or grades, that question shall be determined by the Secretary of State, and his decision shall be final.
(5) If any question arises under section 2 or section 3 of this Act whether a person has at his retirement been offered a transfer to comparable employment in the United Kingdom 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.
(6) ...
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