National Insurance Commissioners' Pensions (Preservation of Benefits) Order 1978
| Jurisdiction | UK Non-devolved |
| Citation | SI 1978/407 |
| Year | 1978 |
1978 No. 407
PENSIONS
The National Insurance Commissioners' Pensions (Preservation of Benefits) Order 197814thMarch 1978
16thMarch 1978
6thApril 1978
The Secretary of State for Social Services, in exercise of the powers conferred by section 65 of the Social Security Act 1973(a), as read with section 64 of that Act, as the appropriate authority designated for that purpose by the Minister for the Civil Service in accordance with the said provisions, hereby makes the following order:—
Citation and commencement
1. This order may be cited as the National Insurance Commissioners' Pensions (Preservation of Benefits) Order 1978 and shall come into operation on 6th April 1978.
Interpretation
2.—(1) In this order, unless the context otherwise requires—
"the Act" means the Social Security Act 1975(b);
"Commissioner" means the Chief National Insurance Commissioner and any other National Insurance Commissioner appointed under section 97(3) of the Act;
"full rate" means the rate at which a pension might have been granted to a Commissioner continuing to serve until reaching normal pension age;
"normal pension age" means the earliest age at which, if his service had continued until retirement at that age, a Commissioner might have been granted a pension under the Act;
"relevant enactment" means the Act and any enactment relating to the payment of superannuation benefits to or in respect of a Commissioner by virtue of any other judicial office held by him;
"relevant service" has the meaning given by Article 5(2);
and other expressions have the same meanings as in the Act.
(2) Any reference in this Order to any provision made by or contained in any enactment or instrument shall, except in so far as the context otherwise requires, be construed as a reference to that provision as amended or extended by any enactment or instrument and as including a reference to any provision which it re-enacts or replaces, or which may re-enact or replace it, with or without modification.
(a) 1973 c. 38.
(b) 1975 c. 14.
(3) The rules for the construction of Acts of Parliament contained in the Interpretation Act 1889(a) shall apply for the purposes of the interpretation of this Order as they apply for the purposes of the interpretation of an Act of Parliament.
GENERAL
General effect of the Order
3. This Order shall apply in relation to any such Commissioner as is mentioned in Article 4 so as to modify, or further modify, any relevant enactment in respect of him and, accordingly, the scheme which is applicable in relation to him shall make provision for his benefit or otherwise in relation to him which accords with the following provisions of this Order.
Commissioners to whom this Order...
To continue reading
Request your trial