Overseas Pensions Act 1973
| Year | 1973 |
Overseas Pensions Act 1973
1973 CHAPTER 21
An Act to amend the law relating to pensions and other similar benefits payable to or in respect of persons in certain overseas and other employment; and for purposes connected therewith.
[23rd May 1973]
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:—
1 Assumption by United Kingdom of responsibility for certain overseas pensions, etc.
(1) The Secretary of State may make any payments falling to be made by Her Majesty's Government in the United Kingdom, or by any Minister of the Crown, in accordance with any agreement between that government and the government of an overseas overseas territory for the assumption by Her Majesty's Government in the United Kingdom of responsibility for the payment of such pensions, allowances or gratuities as the agreement may provide.
(2) Without prejudice to the generality of subsection (1) above, the Secretary of State, for the purposes—
(a ) of giving effect to any such agreement; and
(b ) of making such provision as he considers appropriate in consequence of the agreement,
may, with the consent of the Minister for the Civil Service, make, maintain and administer schemes (whether contributory or not) whereby provision is made with respect to the pensions, allowances or gratuities which, subject to the fulfilment of such requirements and conditions as may be prescribed by the schemes, are to be paid, or may be paid, by the Secretary of State to or in respect of—
(i) such of the persons to whom the agreement applies as he may determine; and
(ii) such other persons for whom it is appropriate, in his opinion, to provide pensions, allowances or gratuities in accordance with any such scheme.
(3) For the purposes of this section ‘overseas territory’ means any territory or country outside the United Kingdom, and ‘government of an overseas territory’ includes a government constituted for two or more overseas territories, and any authority established for the purpose of providing or administering the services which are common to, or relate to matters of any interest to, two or more overseas territories.
2 Superannuation schemes as respects certain overseas service and service with the Central Office of the Overseas Audit Department.
(1) The Secretary of State may, with the consent of the Minister for the Civil Service, make, maintain and administer schemes (whether contributory or not) whereby provision is made with respect to the pensions, allowances or gratuities which, subject to the fulfilment of such requirements and conditions as may be prescribed by the schemes, are to be paid, or may be paid, by the Secretary of State to or in respect of such of the persons to whom this section applies as he may determine.
(2) This section applies to—
(a ) persons who have, whether before or after the passing of this Act, served in any office or employment in respect of which pensions, allowances or gratuities are provided by or under any of the enactments and instruments listed in Schedule 1 to this Act;
(b ) any other persons for whom it is appropriate, in the opinion of the Secretary of State, to provide pensions, allowances or gratuities in accordance with any scheme made under this section superseding or supplementing any provision made by or under any of the said enactments and instruments;
(c ) persons who have served in the Central Office of the Overseas Audit Department (which was wound up on 31st December 1971); and
(d ) any person to whom section 2 of the Police (Overseas Service) Act 1945 (service overseas by members of home police forces) applies, including any person to whom that section applies by virtue of section 5 of the Overseas Service Act 1958 (appointment of certain officers for public service overseas), being a person who is incapacitated or dies as a result of an injury sustained or disease contracted during his overseas service (within the meaning of section 3(1) of the said Act of 1945) or, as the case may be, during his service as an officer to whom the said Act of 1958 applies.
(3) Notwithstanding any repeal made by this Act, the enactments and instruments listed in Schedule 1 to this Act shall, with the necessary adaptations and modifications, have effect as from the commencement of this Act as if they constituted schemes made under this section coming into operation on the said commencement.
(4) The provisions of the pension scheme set out in the departmental instructions in force in relation to the Overseas Audit Department immediately before 31st December 1971 shall, with the necessary adaptations and modifications, have effect as from the commencement of this Act as if they constituted a scheme made under this section coming into operation on the said commencement.
(5) Unless the context otherwise requires, any reference in this or any other Act to a scheme made under this section shall include a reference to a scheme having effect, by virtue of subsection (3) or (4) above, as if made under this section.
3 Provisions supplementary to sections 1 and 2.
(1) Without prejudice to the generality of section 1 or 2 above, a scheme made under either of those sections—
(a ) may provide for the establishment and administration of superannuation funds, the management and application of the assets of such funds, the amalgamation of all or any of such funds and the winding up of, or other dealing with, any such fund;
(b ) may provide for the payment or receipt of transfer values, or in lieu thereof for the transfer or receipt of any fund or part of a fund or policy of insurance;
(c ) may, in such circumstances as the scheme may provide, make provision for payments by way of a return of contributions, with or without interest;
(d ) may provide for the Secretary of State to make such payments as he thinks fit towards the provision of pensions, allowances or gratuities otherwise than by virtue of the scheme;
(e ) may amend or revoke any previous scheme made thereunder;
(f ) may (in the case of a scheme under section 1 above) be framed by reference to the law in force at any time in the overseas territory to which the scheme relates;
(g ) may provide for the amendment or repeal of any provision in any Act of Parliament or in any order or other instrument made under any such Act, where it appears to the Secretary of State that that provision is inconsistent with, or has become unnecessary or requires modification in consequence of, the scheme.
(2) Different schemes may be made under sections 1 and 2 above...
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