Superannuation Act 1965
| Year | 1965 |
Superannuation Act 1965
1965 CHAPTER 74
An Act to consolidate the Superannuation Acts 1834 to 1965 and certain other enactments relating to the superannuation of civil servants and other persons employed in the civil service of the State.
[8th November 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:—
Part I
Superannuation Benefits
Superannuation allowances, etc. in respect of service as a civil servant
1 Superannuation allowance.
(1) Subject to the provisions of this Act, the Treasury may grant to any civil servant who—
(a ) retires from the civil service having served as a civil servant for not less than ten years, and
(b ) either has attained the age of sixty years or retires on a medical certificate,
a superannuation allowance computed by multiplying one-eightieth of the average annual amount of the salary and emoluments of his office during the last three years of his service by forty or by the number of completed years of his service as a civil servant, whichever is the less.
(2) This section shall not apply in relation to any person for whom provision is otherwise made by Act of Parliament or who is specially excepted by the authority of Parliament.
2 Short service gratuity.
2. Subject to the provisions of this Act, where a civil servant is constrained, by reason of infirmity of mind or body, to retire from the civil service before completing the period of service which would make him eligible for the grant of a superannuation allowance, the Treasury may grant to him such sum of money by way of gratuity as the Treasury think proper, not exceeding one-twelfth of the average annual amount of the salary and emoluments of his office during the last three years of his service for each year of service.
3 Additional allowance.
3. Subject to the provisions of this Act, the Treasury may grant to any civil servant who—
by way of additional allowance, in addition to the superannuation allowance (if any) for which he may be eligible or the gratuity (if any) which may be granted to him under section 2 of this Act, a lump sum equal to three-eightieths of the average annual amount of the salary and emoluments of his office during the last three years of his service multiplied by the number of completed years he has served, so, however, that the additional allowance shall in no case exceed one and a half times that amount.
4 Death gratuity.
(1) Subject to the provisions of this Act, where a civil servant dies, after having served as a civil servant for not less than five years, while still employed in the civil service, the Treasury may grant to his personal representatives a gratuity of whichever of the two following amounts is the greater, that is to say—
(a ) an amount equal to the average annual amount of the salary and emoluments of his office during the last three years of his service, or
(b ) an amount equal to the amount of the additional allowance which the Treasury might have granted to him if he had retired from the civil service on the ground of ill-health at the date of his death.
(2) Subject to the provisions of this Act, where a civil servant having become eligible for the grant of a superannuation allowance dies after he has retired from the civil service, and the sums paid or payable to him at the time of his death on account of such allowance, together with the sum received by him by way of additional allowance, are less than the average annual amount of the salary and emoluments of his office during the last three years of his service, the Treasury may grant to his personal representatives a gratuity equal to the deficiency.
5 Increase of certain allowances in cases of retirement for ill-health with less than 20 years' service.
(1) Where—
(a ) a person, on retiring from the civil service on a medical certificate, becomes eligible for the grant of a superannuation allowance, and
(b ) his reckonable service is less than twenty years,
the same superannuation allowance and additional allowance, if any, may be granted to him as might have been granted to him if his reckonable service had been twenty years.
(2) In the case of a person whose reckonable service would, if he had continued to serve in the employment in which he was when he was last a civil servant until five years after the retiring age, have been a period shorter than twenty years, subsection (1) of this section shall have effect as if for the last reference therein to twenty years there were substituted a reference to that shorter period:
Provided that if his retirement was immediately preceded by a period no part of which counted towards reckonable service and it is recognised by the Treasury as a period throughout which he was on sick leave, this subsection shall only apply if the said period of reckonable service (that is, assuming that the person had continued to serve until five years after the retiring age) plus that period of sick leave together amount to a period shorter than twenty years, and then subsection (1) of this section shall have effect as if for such reference therein to twenty years there were substituted a reference to that shorter period.
(3) This section applies only—
(a ) to cases of actual retirement from the civil service on a medical certificate, and
(b ) to the computation of pensions under Part III and Part IV of this Act which fall to be computed by reference to the amount of the superannuation allowance for which a person who dies while a civil servant would have been eligible if, instead of dying, he had retired on a medical certificate,
and does not affect cases falling within, or pensions under the said Part III or the said Part IV falling to be computed by reference to the superannuation allowance grantable under, any provision (whether contained in this or any other Act) which provides for the grant, in other circumstances, of the same superannuation allowance or additional allowance as might be granted on retirement from the civil service on such a certificate.
6 Additions to allowances for service after retiring age in certain cases.
(1) Where a civil servant continues to serve as such after both the two following conditions are satisfied in relation to him, that is to say—
(a ) that he has attained the retiring age, and
(b ) that he has forty years of reckonable service,
any superannuation allowance or additional allowance which may be granted to him shall be calculated in accordance with the following provisions of this section.
(2) The said allowances shall be computed—
(a ) upon the amount of salary and emoluments upon which they would have fallen to be computed if he had retired as soon as the said two conditions were satisfied in relation to him, or
(b ) upon the amount of salary and emoluments upon which they would fall to be computed apart from this section,
whichever is the higher.
(3) For each completed year, not exceeding five, of the reckonable service of the civil servant after the said two conditions were satisfied in relation to him the superannuation allowance may be increased by one-eightieth of the higher of the amounts mentioned in subsection (2) of this section and the additional allowance, if any, may be increased by three-eightieths of the higher of those amounts:
Provided that section 24 of this Act shall not apply to the computation, for the purposes of this subsection, of the reckonable service of a person after the said two conditions are satisfied in relation to him.
(4) This section, so far as it applies to additional allowances, applies also for the purposes of section 4(1) of this Act.
7 Allowances, etc., in cases of premature retirement of civil servant at his request.
(1) If the employment of a civil servant who has attained the age of fifty years is terminated at his request before the retiring age, 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 on 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 in the employment in which he was when he was last a civil servant and if in continuing in that employment he had been employed 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...
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