Parliamentary and other Pensions and Salaries Act 1976
| Year | 1976 |
Parliamentary and otherPensions and SalariesAct 1976
1976 CHAPTER 48
An Act to amend the Parliamentary and other Pensions Act 1972; to make further provision with respect to the salaries and pensions payable to or in respect of the Comptroller and Auditor General, the Parliamentary Commissioner for Administration and the Health Service Commissioners; and for connected purposes.
[12th October 1976]
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:—
Pensions of Members and office-holders
1 Member's pensionable salary.
(1) For section 3(6) (meaning of ‘a Member's ordinary salary’) of the Parliamentary and other Pensions Act 1972 (‘the Act of 1972’) there shall be substituted the following subsections—
(6) In this Part of this Act ‘a Member's pensionable salary’, in relation to a resolution of the House of Commons relating to the remuneration of Members, means a Member's ordinary salary or, if the resolution provides for a Members' ordinary salary to be regarded for pension purposes as being at a higher rate, a notional yearly salary at that higher rate; and for this purpose ‘a Member's ordinary salary’—
(a ) if the resolution provides for salary to be paid at a rate higher than one or more other rates specified in the resolution to Members other than those who are holders of an office, or in receipt of a salary as holders of an office, or in receipt of a pension as former holders of an office, of a kind specified or described in the resolution, means a Member's yearly salary at that higher rate, and
(b ) in any other case, means a Member's yearly salary at the rate specified in the resolution.
(7) Any reference in this Part of this Act to a resolution of the House of Commons relating to the remuneration of Members shall be construed, where there are two or more such resolutions for the time being in force, as a reference those resolutions taken together.’
(2) For the words ‘a Member's ordinary salary’, in each other place where they occur in Part I of the Act of 1972, that is to say in sections 3(2), 4(3), 7(5) (twice), 10(2) and (6) (twice), 16(3) and 25(1), there shall be substituted the words ‘a Member's pensionable salary’.
(3) In section 229(1) of the Income and Corporation Taxes Act 1970 as substituted by section 32(1) of the Act of 1972 (annuity premiums of Ministers and other office-holders), for the words ‘a Member's ordinary salary’, in both places where they occur, there shall be substituted the words ‘a Member's pensionable salary’.
(4) This section shall be deemed to have come into operation on 13th June 1975.
2 Power to increase contributions from office-holders.
2. In section 4 of the Act of 1972 (contributions from participants in office-holders' scheme) after subsection (3) there shall be inserted the following subsection—
(3A) Her Majesty may from time to time by Order in Council direct that any salary specified in the Order shall be regarded for the purposes of subsection (2) or, as the case may be, subsection (3) of this section as being payable at such higher rate as may be so specified; but no recommendation shall be made to Her Majesty to make an Order under this subsection unless a draft of the Order has been approved by resolution of each House of Parliament or, if it relates only to salaries payable in respect of the offices of Chairman of Ways and Means and Deputy Chairman of Ways and Means, by resolution of the House of Commons.
An Order in Council made under this subsection may be varied or revoked by a subsequent Order so made.’
3 Additional qualifying office.
(1) In section 2(1)(c ) of the Act of 1972 (qualifying offices) for the words ‘and Chairman of Committees of the House of Lords’ there shall be substituted the words ‘Chairman of Committees of the House of Lords and Deputy Chairman of Committees of the House of Lords’.
(2) This section shall be deemed to have come into operation on 2nd May 1974.
4 Other amendments of Part I of the Act of 1972.
(1) The following provisions of Part I of the Act of 1972 shall have effect, and shall be deemed always to have had effect, as if they were amended as follows.
(2) In section 7(4) (early retirement of Members) for the words ‘the date on which he ceased to be a Member of the House of Commons’ and the words ‘the date on which he ceased to be a Member’ there shall be substituted the words ‘the date of his application or, if later, such other date as may be there specified’.
(3) In section 10(4) (early retirement of office-holders) for the words ‘the date on which he ceased to hold the qualifying office in question’ and the words ‘the date on which he ceased to hold that office’ there shall be substituted the words ‘the date of his application or, if later, such other date as may be there specified’.
(4) In section 18(3)(c ) (conditions for refund of contributions) for the words ‘does not exceed’ there shall be substituted the words ‘is less than’.
(5) In section 25 (interpretation of Part I) there shall be inserted after subsection (2) the following subsection—
(3) For the purposes of this Part of this Act a person shall be treated as a Member of the House of Commons at any time if, at that time, a...
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