Local Government and other Officers' Superannuation Act 1922
| Jurisdiction | UK Non-devolved |
| Citation | 1922 c. 59 |
Local Government and other Officers' Superannuation Act, 1922
(12 & 13 Geo. 5.) CHAPTER 59.
An Act to provide for the Superannuation of Persons employed by Local Authorities and other Public Bodies.
[4th August 1922]
B E it enacted by the King'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 Commencement of Act.
1. This Act shall come into operation as respects any local authority as from such date as may be specified in the resolution of that local authority adopting this Act, which date is hereinafter referred to as the appointed day.
2 Adoption of Act.
2. This Act shall not apply to a local authority unless and until—
3 Definitions.
3. In this Act unless the context otherwise requires—
‘Service’ means whole-time or part-time service in the permanent employment of a local authority after an officer or servant has attained the age of eighteen years, other than service in respect of which the officer or servant is entitled to any superannuation allowance or gratuity under any other enactment, and when used in relation to service after the appointed day means continuous service, and when used in relation to service rendered before the appointed day means service whether continuous or not;
‘Contributing service’ means service rendered by an officer or servant in respect of which he is a contributor to the superannuation fund;
‘Non-contributing service’ means service rendered to any local authority before the appointed day by an officer or servant occupying, on the appointed day, a post designated as an established post;
‘Local authority’ means the council of any county, county borough, municipal borough, metropolitan borough, urban district, or rural district, and any other authority within the meaning of the Local Loans Act, 1875, and includes any combination of local authorities under this Act:
Provided that no local authority or combination of local authorities shall be entitled to adopt this Act unless there are in the service of such authority or of the authorities so combining, as the case may be, not less than fifty officers or servants occupying posts proposed to be designated as established posts for the purposes of this Act;
‘Officer,’ or ‘servant,’ means an officer or servant in the permanent service of the local authority occupying a post designated as an established post for the purposes of this Act by a resolution of the local authority, and whether in receipt of salary or wages;
‘Salary’ or ‘wages’ means all salary, wages, fees, poundage and other payments (including any war bonus) paid or made to any officer or servant as such for his own use, also the money value of any apartments, rations or other allowances in kind appertaining to his office or employment, but does not include payments for overtime or any allowance paid to him to cover cost of office accommodation or clerks' assistance;
‘Superannuation fund’ means a fund to be established by the local authority in the manner prescribed and provided in section eighteen of this Act;
‘Actuary’ means a fellow of the Institute of Actuaries or the Faculty of Actuaries in Scotland;
‘Minister’ means the Minister of Health.
4 Subsequent designation of posts; and establishment of separate funds for officers and servants.
(1) Where a local authority who have adopted this Act propose to designate at any subsequent date any further posts as established posts for the purposes of this Act, the date of such subsequent designation shall be deemed to be the appointed day as respects the officers or servants occupying the posts so designated at the date of designation, and the provisions of section two and of paragraph (e of section eighteen of this Act shall apply accordingly, unless and to the extent to which in any particular case the Minister otherwise directs.
(2) A local authority may, with the consent of the Minister and in accordance with a scheme approved by him, establish separate superannuation funds for officers and servants respectively, and any such scheme may provide for the transfer of officers or servants from one fund to the other and for making such financial adjustments between the funds in the event of such transfer as may be necessary.
5 Combinations of local authorities.
(1) The following local authorities, namely:—
(a ) the council of any county and any local authority whose area is wholly or partly situate within the county; and
(b ) any two or more local authorities whose areas are situate wholly or partly in the same county;
may enter into combination for the purposes of this Act;
Provided that such combination shall not take effect unless a combination scheme has been submitted to and approved by the Minister.
(2) A scheme of combination under this section may provide for making such modifications in this Act as appear to the Minister to be necessary or expedient for the purpose of applying this Act to combinations of local authorities, and may contain such supplemental and consequential provisions as appear necessary or expedient.
(3) Any local authority to which this Act applies may, on such terms and conditions as they think fit and with the approval of the Minister, admit any officers or servants of—
(a ) any local authority, not being a local authority to which this Act applies, whose area is situate wholly or partly within the area of such first-mentioned local authority; or
(b ) any undertakers exercising any of their powers within the area of such first-mentioned local authority under any Act of Parliament or any order having the force of an Act;
to participate in the benefits prescribed by this Act in the like manner as though they were officers and servants of such first-mentioned local authority.
Any authority or undertakers any of whose officers or servants are admitted as aforesaid shall have all such powers as may be necessary for the purpose of giving effect to such terms and conditions as aforesaid, and any payments under those terms or conditions shall be made out of the same funds, rates, or revenues as those out of which the salaries or wages of such officers or servants are paid.
6 Title to superannuation allowances.
(1) Subject to the provisions of this Act, every officer and servant—
(a ) who shall have completed ten years' service and shall become incapable of discharging the duties of his office or employment with efficiency by reason of permanent ill-health or infirmity of mind or body; or
(b ) who shall have attained the age of sixty years and have completed forty years service; or
(c ) who shall have attained the age of sixty-five years;
shall be entitled on resigning or otherwise ceasing to hold his office or employment, to receive during life a superannuation allowance according to the scale by this Act provided.
(2) Save as is otherwise by this Act provided, every such superannuation allowance shall be paid out of the superannuation fund.
(3) Where an officer or servant has attained the age of sixty-five years, he shall cease to hold his office or employment:
Provided that the local authority may, with the consent of the officer or servant, by resolution extend the period of service or employment of any such officer or servant for one year or any less period and so from time to time as they may deem expedient:
Provided also that no contribution shall be made by the local authority or by any officer or servant to the superannuation fund in respect of any such extended period, and any such extended period shall be disregarded in calculating any superannuation allowance out of the superannuation fund.
7 Scale of superannuation allowances.
7. Subject to the provisions of section sixteen of this Act and to any other provisions of this Act, the superannuation allowance to be made to an officer or servant under this Act shall be made out of the superannuation fund and shall be on the following scale:—
Provided that any part of a superannuation allowance which is calculated by reference to a war bonus or other similar allowance shall be calculated and liable to variation in accordance with the rules for the time being in force with respect to superannuation allowances of members of His Majesty's Civil Service:
Provided also that, for the purpose of calculating the superannuation allowance of a full-time officer who...
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