Pensions And Other Benefits Act [Chapter 16:01]

 

Chapter 16:01

Pensions And Other Benefits Act

Act 12/1979 (Third Schedule), UK S.I 1980/395 (s. 4).

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

1. Short title.

PART II

BENEFITS FOR MEMBERS OF PUBLIC SERVICE AND OTHERS

3. Replacement of loss of office.
4. Early retirement.
5. Benefits on retirement.
6. Ill-health or death of officer.
7. Officers not eligible for benefits.
8. Pensions for spouses and dependants.
9. Commutation of pensions.
10. Prohibition of dual benefits.
11. Application of provisions to certain former officers.
12. Application of provisions to officers of Parliament.

PART III

BENEFITS FOR MEMBERS OF UNIFORMED FORCES

14. Application of Part III.
15. Replacement or loss of office.
16. Early retirement.
17. Benefits on retirement.
18. Ill-health or death of member.
19. Pensions for spouses and dependants.
20. Commutation of pensions.
21. Prohibition of dual benefits.

[Date of commencement: 1st June, 1979.]

PART I

PRELIMINARY

                       1    Short title

This Act may be cited as the Pensions and Other Benefits Act [Chapter 16:01].

PART II

BENEFITS FOR MEMBERS OF PUBLIC SERVICE AND OTHERS

                       2    Interpretation

(1) In this Part—

“contributor” means a person who contributes to the Consolidated Revenue Fund by virtue of the provisions of the Pensions Regulations;

“effective date” means the 30th April, 1979;

“officer” means a person who is an officer for the purposes of the Public Services Act;

“officer of Parliament” means a member of the staff of Parliament who contributes to the Consolidated Revenue Fund for the purpose of securing benefits for himself and his dependants on his retirement from, or other termination of service with, Parliament;

“Parliamentary terms of service” means the regulations and rules governing the terms of service of officers of Parliament;

“Pensions Act” means the State Service (Pensions) Act [Chapter 275 of 1974];

“Pensions Regulations” means the State Service (Pensions) (Public Service) Regulations, 1976; “Public Services Act” means the Public Services Act [Chapter 271 of 1974].

(2) The calculation for the purposes of this Part of the pensionable service and the average pensionable emoluments or retiring pensionable emoluments of—

• an officer or other contributor shall be made in accordance with the provisions of the Pensions Act and Pensions Regulations;
• a person referred to in section eleven shall be made in accordance with the provisions of the conditions of his appointment to the office concerned;
• an officer of Parliament shall be made in accordance with the provisions of the Parliamentary terms of service with the reference to average pensionable emoluments or retiring pensionable emoluments being construed as a reference to actual emoluments rate or terminal emoluments rate, as the case may be.

                       3    Replacement or loss of office

• Subject to section seven, a contributor who was appointed to the Public Service before the 1st October, 1978, and has had continuous service as a contributor since that date is discharged on grounds not provided for in the Public Services Act immediately before the effective date, he shall be entitled, with effect from the date of his discharge, to a pension at the rate of 1/550th of his retiring pensionable emoluments for each complete month of his qualifying service.
• For the purposes of subsection (1)—

“qualifying service”, in relation to a contributor, means the pensionable service of that contributor increased by one-third calculated to the nearest complete month:

Provided that the number of complete months by which the period of pensionable service is to be increased shall not exceed the number of complete months by which the age of the contributor in months is less than 780.

                       4    Early retirement

• Subject to section seven, an established officer who was appointed to the Public Service as an officer before the 1st October, 1978, and has had continuous service as an officer since that date may, at any time after he has completed a period of service of not less than one year after the effective date, retire from the Public Service:

Provided that an officer who wishes to retire in terms of this paragraph shall give not less than three calendar months’ notice of his intention to retire, which shall expire not earlier than the 30th April, 1980.

• Notwithstanding the proviso to subsection (1), a head of Ministry may accept a period of notice to retire in terms of subsection (1) which amounts to less than three calendar months but does not expire before the 30th April, 1980.

                       5    Benefits on retirement

(1) An officer who retires in terms of section four who, at the date on which he retires, has not attained the age of fifty-five years shall be entitled, with effect from the date of his retirement, to a pension calculated, if he retires—

• on or after the first anniversary and before the second anniversary of the effective date, at the rate of 1/880th;
• on or after the second anniversary and before the third anniversary of the effective date, at the rate of 1/836th;
• on or after the third anniversary and before the fourth anniversary of the effective date, at the rate of 1/792nd;
• on or after the fourth anniversary and before the fifth anniversary of the effective date, at the rate of 1/748th;
• on or after the fifth anniversary and before the sixth anniversary of the effective date, at the rate of 1/704th;
• on or after the sixth anniversary of the effective date, at the rate of 1/660th; of his average pensionable emoluments for each complete month of his pensionable service.

(2) Save as otherwise provided in subsection (3), an officer who retires in terms of section four and who, at the date on which he retires, has attained the age of fifty-five years or more shall be entitled, with effect from the date of his retirement, to a pension calculated—

• if he has not attained the age of fifty-six years, at the rate of 1/792nd;
• if he has attained the age of fifty-six years but has not attained the age of fifty-seven years, at the rate of 1/748th;
• if he has attained the age of fifty-seven years but has not attained the age of fifty-eight years, at the rate of 1/704th;
• if he has attained the age of fifty-eight years but has not attained the age of fifty-nine years, at the rate of 1/660th;
• if he has attained the age of fifty-nine years but has not attained the age of sixty years, at the rate of 1/638th;
• if he has attained the age of sixty years but has not attained the age of sixty-one years, at the rate of 1/616th;
• if he has attained the age of sixty-one years but has not attained the age of sixty-two years, at the rate of 1/594th;
• if he has attained the age of sixty-two years but has not attained the age of sixty-three years, at the rate of 1/572nd;
• if he has attained the age of sixty-three years or more, at the rate of 1/550th; of his average pensionable emoluments for each complete month of his pensionable service:

Provided that if such an officer had, at the date of his retirement, served for four years or more after the effective date, his pension shall be calculated at the appropriate rate specified in paragraph (d), (e) or (f) of subsection (1) or the appropriate rate specified in this subsection, whichever is the more favourable to him.

(3) A female officer who had been appointed as an officer prior to the 1st January, 1965, and has had continuous service as an officer since that date and who retires in terms of section four and at the date on which she retires has attained the age of fifty-five years or more shall be entitled, with effect from the date of her retirement, to a pension calculated—

• if she has not attained the age of fifty-eight years, at the rate of 1/638th;
• if she has attained the age of fifty-eight years but has not attained the age of sixty-one years, at the rate of 1/616th;
• if she has attained the age of sixty-one years but has not attained the age of sixty-two years, at the rate of 1/594th,
• if she has attained the age of sixty-two years but has not attained the age of sixty-three years, at the rate of 1/572nd;
• if she has attained the age of sixty-three years or more, at the rate of 1/550th; of her average pensionable emoluments for each complete month of her pensionable service.

                       6    Ill-health or death of officer

• An officer referred to in section four who is discharged on or after the 30th April, 1980, on the grounds of ill-health or mental or physical deficiency or infirmity shall be entitled to receive the benefits provided in the Pensions Regulations or, if he so elects by notice in writing, a pension calculated in terms of section
• If on the death of an officer referred to in section four on or after the 30th April, 1980, his spouse or any child or dependant is entitled to receive a pension in terms of the Pensions Regulations, the pension payable to that person shall be calculated in accordance with the Pensions Regulations or in terms of section five, whichever is the more favourable to the recipient of the pension.