Overseas Service (Pensions Supplement) Regulations 1995
| Jurisdiction | UK Non-devolved |
| Citation | SI 1995/238 |
| Year | 1995 |
1995 No. 238
PENSIONS
The Overseas Service (Pensions Supplement) Regulations 1995
Made 31th January 1995
Laid before Parliament 8th February 1995
Coming into force 1st March 1995
The Secretary of State, in exercise of the powers conferred on him by sections 11, 11A, 12 and 13(2) and (4) of the Pensions (Increase) Act 19711and of all other powers enabling him in that behalf, and with the approval of the Treasury2, hereby makes the following Regulations:
PART I
GENERAL
Citation and commencement
1. These Regulations may be cited as the Overseas Service (Pensions Supplement) Regulations 1995 and shall come into force on 1st March 1995.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires—
“the Act” means the Pensions (Increase) Act 1971;
“the 1973 Act” means the Overseas Pensions Act 19733;
“addition”, except in regulation 19(1)(a) and (2) and in references to the addition under section 6(5) of the Act, means the amount calculated (by reference to the increases payable under Part I of the Act) under Part III;
“contributory derivative pension” means a derivative pension computed wholly or partly by reference to contributions paid by, and to the age of, an officer;
“increasable rate” has the meaning given by regulation 6;
“overseas increase” has the meaning given by regulation 19;
“period of contributory service”, in relation to a contributory derivative pension, means the period during which an officer was both—
(a) in service under the government of a particular overseas territory; and
(b) contributing for the purposes of the pension in relation to that service;
“rate”, in relation to a pension consisting of periodical payments, means annual rate;
“relevant date” means a date specified in regulation 8(4);
“total overseas increase” has the meaning given by regulation 18.
(2) In these Regulations any reference to Part I of the Act includes sections 59 and 59A of the Social Security Pensions Act 19754.
(3) In these Regulations, unless the context otherwise requires, any reference, however expressed, to the date when a pension begins is a reference to the date when it is treated as beginning for the purpose of calculating addition, determined in accordance with regulation 8 or, as the case may be, Schedule 6.
(4) In these Regulations, unless the context otherwise requires, any reference to service under the government of an overseas territory includes service rendered to any authority or institution in the overseas territory.
(5) In these Regulations, unless the context otherwise requires, any reference to a numbered regulation, Part or Schedule is a reference to a regulation, Part or Schedule in these Regulations, and any reference in a regulation or Schedule to a numbered paragraph is a reference to a paragraph of that regulation or Schedule.
PART II
SUPPLEMENT
Pensions in respect of which supplement may be paid
3.—(1) The Secretary of State may pay supplement in respect of any pension to which section 11, 11A or 12 of the Act applies, other than a pension of a kind referred to in paragraph (2).
(2) No supplement shall be payable in respect of—
(a)
(a) a derivative pension granted under section 17 of the Malaysia Pensions Ordinance 1951 (as amended by the Malaysia Pensions (Amendment) (No.2) Act 1972) or any corresponding enactment replacing that section;
(b)
(b) a derivative pension granted under the Fiji Pensions Act 1979 (Act No.21 of 1979) or any corresponding enactment replacing that Act;
(c)
(c) a derivative pension granted under the Hong Kong Surviving Spouses' and Children’s Pensions Ordinance (Cap.79) or the Hong Kong Widows and Orphans Pensions Ordinance (Cap.94), as amended in either case by the Hong Kong Pensions Modification Ordinance 1993 (Ordinance No.3 of 1993), to a spouse of an officer who married the officer after he had ceased to serve under the government of Hong Kong, or to a child of the officer’s marriage to such a spouse, where both the following circumstances apply:—
(i) the officer ceased to serve under the government of Hong Kong before 1 February 1993; and
(ii) the spouse or child did not first become entitled to payment of the pension before 1 March 1995; or
(d)
(d) any pension which only becomes payable to a person in consequence of a change in the law or administrative provisions of an overseas territory on or after 1 March 1995.
(3) The enactments, schemes and other instruments specified in Schedule 1 are approved by the Secretary of State for the purposes of sections 11 and 12 of the Act.
Amount of supplement
4.—(1) Subject to paragraph (2) and to regulation 21, the amount of supplement payable in respect of a pension shall be the amount of the addition calculated (by reference to the increases payable under Part I of the Act) under Part III less the total overseas increase calculated under Part IV.
(2) Subject to regulation 21, where a person is in receipt of more than one pension in respect of which supplement may be paid under regulation 3 and Schedule 2 applies, the amount of supplement determined under paragraph (1) in respect of each of those pensions shall where appropriate be adjusted in accordance with that Schedule.
Supplement on pensions under section 1 of the Overseas Pensions Act 1973
5.—(1) In relation to a pension payable under section 1 of the 1973 Act (assumption by United Kingdom of responsibility for certain overseas pensions, etc), being a pension for the payment of which Her Majesty’s Government in the United Kingdom have assumed responsibility under an agreement referred to in that section, supplement shall be calculated under these Regulations as if the Government had not assumed that responsibility.
(2) In relation to a pension payable under section 1(2)(ii) of the 1973 Act, supplement shall be calculated under these Regulations as if the pension were paid by the government of the overseas territory in or for which the services giving rise to the pension were rendered, under the pensions laws of that territory.
(3) A pension specified in paragraph (1) shall, notwithstanding that it is payable in sterling, be treated for the purposes of calculating supplement as if it continued to be payable in the currency of the relevant overseas territory and the provisions of regulation 22 (conversion to sterling) shall apply to it as if it were so payable and as if any provision of a Public Officers' Agreement which was abrogated on the assumption by Her Majesty’s Government in the United Kingdom of responsibility for payment of such pension had not been abrogated.
Increasable rate of pension
6.—(1) For the purpose of calculating supplement, the increasable rate of a pension, subject to the following provisions of this regulation, shall be—
(a)
(a) in the case of a principal pension, the rate of pension first awarded with effect from the day following the last day of the service by reference to emoluments in which the pension is computed or, if the pension first became payable after that day, which would have been so awarded had it become payable on that day;
(b)
(b) in the case of a derivative pension, the rate of pension first awarded—
but excluding in every case—
(i)
(i) the amount of any increase, bonus or other allowance howsoever authorised which may have been included in the amount of the award;
(ii)
(ii) any other amount which is an overseas increase; and
(iii)
(iii) any supplement under these Regulations.
(2) Where the law or administrative provisions under which the pension is payable, in force at the time when the pension is first awarded, provide for—
(a)
(a) the exercise by any person of an option under which the rate of the pension may be changed; or
(b)
(b) a change in the rate of the pension upon a change in the circumstances of the pensioner or upon a change in the persons entitled to payment of pensions in respect of the service or contributions of the officer concerned—
and the rate of pension first awarded is revised in accordance with that provision (or any re-enactment thereof), the increasable rate shall from the date when that revision takes effect be the rate as so revised, subject to the exclusions specified in paragraph (1).
(3) In the case of any pension in respect of service under the Government of the Federal Republic of Nigeria or any of the States of the Federal Republic of Nigeria which has been calculated under pensions legislation of Nigeria or any part thereof giving effect, with or without modification, to the Report of the Public Service Review Commission (the Udoji Report), the increasable rate shall, subject to the exclusions specified in paragraph (1), be the rate of the pension which would have been payable under pensions legislation in force immediately prior to the provisions under which the pension was awarded, if that legislation had remained in force and if the person entitled to the pension had not exercised any option to commute part of that pension to a gratuity.
(4) In the case of any pension—
(a)
(a) in respect of service under the Government of Ghana which has been calculated under the Ghana Pensions Ordinance as amended by the Ghana Pensions and Social Security (Amendment) Decree 1975; or
(b)
(b) in respect of service under the Government of Uganda which has been calculated under the Uganda Pensions Act as amended by the Uganda Pensions (Amendment) Regulations 1976—
the increasable rate shall be the rate of the pension which would have been payable under that Ordinance or...
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