Pensions (Increase) Act 1965
| Jurisdiction | UK Non-devolved |
| Citation | 1965 c. 78 |
| Year | 1965 |
Pensions (Increase)Act 1965
1965 CHAPTER 78
An Act to make provision with respect to increases or supplements in respect of certain pensions.
[22nd December 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:—
1 Increase of certain pensions.
(1) Subject to the provisions of this Act, the annual rate of a pension specified in Schedule 1 to this Act which began not later than 1st April 1964, may, in respect of any period beginning on or after the appointed day, be increased by the pension authority by an amount equal to the following percentage of the adjusted rate of that pension, that is to say—
(a ) if the pension began not later than 1st April 1957, sixteen per cent.;
(b ) if the pension began after 1st April 1957 but not later than 1st April 1958, fourteen per cent.;
(c ) if the pension began after 1st April 1958 but not later than 1st April 1959, twelve per cent.;
(d ) if the pension began after 1st April 1959 but not later than 1st April 1960, ten per cent.;
(e ) if the pension began after 1st April 1960 but not later than 1st April 1961, eight per cent.;
(f ) if the pension began after 1st April 1961 but not later than 1st April 1962, six per cent.;
(g ) if the pension began after 1st April 1962 but not later than 1st April 1963, four per cent.;
(h ) if the pension began after 1st April 1963, two per cent.
(2) Subsections (2) to (6) of section 1 of the Act of 1959 (which describe the conditions for the increase of a pension under that section) shall apply to the increase authorised by this section as they apply to the increase authorised by subsection (1) of that section.
(3) In subsection (1) of this section, the expression ‘adjusted rate’, in relation to any pension, means the aggregate annual rate of that pension after any relevant increase thereof apart from that subsection, any fraction of a pound in that aggregate being treated as a whole pound.
2 Further increase of certain pensions.
(1) In relation to any period beginning on or after the appointed day—
(a ) for the purposes of this Act, section 1 of the Act of 1956, the Act of 1959 and the Act of 1962, a pension computed under section 13(2)(b ) of the Superannuation Act 1965 (which provides for pensions of re-employed civil servants to be computed on emoluments before re-employment where those emoluments are higher than subsequent emoluments) shall be deemed to begin on the day following the last day of the service by reference to the emoluments of which the pension falls to be computed and not on the day following the last day of the service in respect of which the pension is payable; and
(b ) the provisions of subsections (2) and (3) of this section shall have effect where a person has, after being in receipt of a pension specified in Schedule 1 to this Act or after having terminated his service in circumstances such that he is or may become eligible for such a pension at a later date, rendered further service by virtue of which the basic rate of that pension has fallen (or if that service had been terminated by retirement would have fallen) to be reassessed.
(2) Where any such pension as is referred to in subsection (1)(b ) of this section is a pension specified in paragraph 1, 4 or 5 of Part I of the said Schedule 1 and the reassessment falls to be made by reference to—
(a ) the aggregate of the further service and the previous service of the person in question; and
(b ) emoluments attributed to a period immediately preceding the termination of the further service not lower than the emoluments by reference to which the basic rate of the pension was assessed before, or, as the case may be, would have been assessed but for, the rendering of the further service,
then if in the case of the reassessed pension or any other pension derived therefrom the aggregate of the basic rate of the reassessed or, as the case may be, derived pension and any relevant increases thereof falls short of what the aggregate of the basic rate of the pension falling to be reassessed (or, as the case may be of the like other pension derived therefrom) and any relevant increases thereof would have been if—
(i) the service rendered before the date of the retirement or termination of service which gave rise to the receipt of, or eligibility for, the pension falling to be reassessed had been increased by the amount of the further service; and
(ii) no further service had been rendered after that date,
the reassessed or, as the case may be, derived pension may be further increased by the pension authority by the amount of the difference.
(3) Where, in the case of any such pension as is referred to in the said subsection (1)(b ) which has been reassessed or any other pension derived therefrom, subsection (2) of this section does not apply but the aggregate of the basic rate of the reassessed or, as the case may be, derived pension and any relevant increases thereof falls short of what that aggregate would have been if the further service had not been rendered, the reassessed or, as the case may be, derived pension may be further increased by the pension authority by the amount of the difference
(4) In the foregoing provisions of this section—
(a ) the expression ‘basic rate’, in relation to any pension, means the annual rate of that pension apart from any relevant increase thereof or any increase thereof under this section;
(b ) the expression ‘reassessment’, in relation to a pension which was not assessed before the rendering of the further service but which in consequence of the rendering of that service has or would have fallen to be assessed on a different basis, includes the assessment on that basis, and the expression ‘reassessed’ shall be construed accordingly;
(c ) any reference to another pension derived from a reassessed pension shall be construed as a reference to another pension the basic rate of which falls to be computed by reference to (or to what, if the further service had been terminated by retirement, would have been) the basic rate of the reassessed pension, not being such another pension granted in consideration of the surrender of part of the reassessed pension.
(5) In consequence of the foregoing provisions of this section, the following enactments are hereby repealed in relation to any period beginning on or after the appointed day, namely—
(a ) section 2 of the Act of 1959; and
(b ) in sections 1(1)(a ) and 9(1)(b ) of the Act of 1956 and in section 5(1)(a ) of the Act of 1959, the words ‘(not being a pension computed under paragraph (b ) of subsection (2) of section thirty-six of the Superannuation Act 1949 )’.
3 Power to provide increased benefits for persons subject to approved superannuation schemes.
(1) This section applies to persons who are or have been subject to a superannuation scheme operated under the Federated Superannuation System for Universities, the Federated Superannuation Scheme for Nurses and Hospital Officers, or any other scheme approved by the Treasury for the purposes of this section; and in this section—
(a ) the expression ‘appropriate authority’ means the Treasury, a Secretary of State, the Minister of Housing and Local Government or the Minister of Health;
(b ) the expression ‘benefits’ means benefits enjoyable after the termination of the service in respect of which they are granted;
(c ) the expression ‘the authorised increases’ means the benefits conferred by—
(i) sections 1 and 2 of the Act of 1944;
(ii) section 1 of the Act of 1952;
(iii) section 1 of the Act of 1956;
(iv) section 1 of the Act of 1959;
(v) sections 1 and 2 of the Act of 1962; and
(vi) section 1 of this Act,
on persons whose superannuation benefits are regulated under the Superannuation Act 1965.
(2) An appropriate authority or, where that authority is not the Treasury, that authority with the consent of the Treasury may make regulations—
(a ) for conferring on persons to whom this section applies who—
(i) are or have been employed in the civil service of the State; or
(ii) are or have been employed in the College of Domestic Arts of South Wales and Monmouthshire,
such benefits as appear to the authority by whom the regulations are made to be appropriate having regard to the authorised increases;
(b ) for—
(ii) empowering a local authority to provide for persons to whom this section applies who are or have been employed by them or by some other authority to whom that local authority are, or are deemed in accordance with the regulations to be, the successor,
such benefits as appear to the authority by whom the regulations are made to be appropriate having regard to the authorised increases other than those under sections 1 and 2 of the Act of 1944;
(c ) for conferring on persons to whom this section applies who are or have been employed in the civil service of the State but who were recruited and are or were so employed in a territory outside the United Kingdom such benefits as appear to the authority by whom the regulations are made to be appropriate having regard not only to the authorised increases but also to the circumstances of that territory.
(3) The...
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