Superannuation Act 1859
| Jurisdiction | UK Non-devolved |
| Citation | 1859 c. 26 |
| Year | 1859 |
(22 Vict.) C A P. XXVI.
[19th April 1859]
'WHEREAS an Act was passed in the Session holden in the Fourth and Fifth Years of KingWilliam the Fourth, Chapter Twenty-four, ‘to alter, amend, and consolidate the Laws for regulating the Pensions, Compensations, and Allowances to be made to Persons in respect of their having held Civil Offices in His Majesty's Service:’ And whereas by an Act of the Session holden in the Twentieth and Twenty-first Years of Her Majesty, Chapter Thirty-seven, Section Twenty-sevenof the first-recited Act, by which an Abatement was directed to be made from the Salaries of Civil Servants entitled to Superannuation Allowance, was repealed: And whereas it is desirable further to amend the said Act as herein-after mentioned:' Be it therefore enacted by the Queen's most Excellent Majesty, by and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:
I Sections 10, 11, 13, 14, 15, 17, 19, and 24 of 4 & 5 W. 4. c. 24. repealed.
I. Sections Ten, Eleven, Thirteen, Fourteen, Fifteen, Seventeen, Nineteen, and Twenty-four of the said Act of the Fourth and Fifth Years of KingWilliam the Fourth are hereby repealed, but such Repeal shall not affect any Pension, Compensation, or Superannuation Allowance granted or Act done before the passing of this Act.
II Ordinary Rate of Superannuation Allowance.
II. Subject to the Exceptions and Provisions herein-after contained, the Superannuation Allowance to be granted after the Commencement of this Act to Persons who shall have served in all established Capacity in the permanent Civil Service of the State, whether their Remuneration be computed by Day Pay, weekly Wages, or annual Salary, and for whom Provision shall not otherwise have been made by Act of Parliament, or who may not be specially excepted by the Authority of Parliament, shall be as follows; (that is to say,)
To any Person who shall have served Ten Years and upwards, and under Eleven Years, an annual Allowance of Ten Sixtieths of the annual Salary and Emoluments of his Office:
For Eleven Years, and under Twelve Years, an annual Allowance of Eleven Sixtieths of such Salary and Emoluments:
And in like Manner a further Addition to the annual Allowance of One Sixtieth in respect of each additional Year of such Service, until the Completion of a Period of Service of Forty Years, when the annual Allowance of Forty Sixtieths may be granted; and no Addition shall be made in respect of any Service beyond Forty Years:
Provided always, that if any Question should arise in any Department of the Public Service as to the Claim of any Person or Class of Persons for Superannuation under this Clause, it shall be referred to the Commissioners of the Treasury, whose Decision shall be final.
III This Act to apply to Persons already in the Civil Service, but without Prejudice to existing Rights.
III. Nothing herein contained shall interfere with the Grant, to the Officers and Clerks who entered the Public Service prior to the Fifth Day ofAugust One thousand eight hundred and twenty-nine, of such Superannuation Allowances as might hereafter have been granted to them under Section Nine of the said Act of the Fourth and Fifth Years of King William the Fourth, or shall prevent, restrict, or diminish any other Superannuation Allowance, Pension, Gratuity, or Compensation which, if this Act had not been passed, might hereafter have been granted to any Person who shall have entered the Public Service before the passing of this Act, but, except as aforesaid, the Provisions herein-after contained shall apply as well to Persons who have already entered the Public Service, whether before or after the said Fifth Day of August One thousand eight hundred and twenty-nine, as to those who may hereafter enter the Public Service.
IV Provision for computing Amount of Superannuation to Persons holding professional and other special Offices.
IV. It shall be lawful for the Commissioners of the Treasury from Time to Time, by any Order or Warrant, to declare that for the due and efficient Discharge of the Duties of any Office or Class of Offices to be specified in such Order or Warrant, professional or other peculiar Qualifications, not ordinarily to be acquired in the Public Service, are required, and that it is for the Interest of the Public that Persons should be appointed thereto it an Age exceeding that at which Public Service ordinarily begins; and by the same or any other Order or Warrant to direct that when any Person now holding or who may hereafter be appointed to such Office or any of such Class of Offices shall retire from the Public Service, a Number of Years not exceeding Twenty, to be specified in the said Order or Warrant, shall, in computing the Amount of Superannuation Allowance which may be granted to him under the foregoing Section of this Act...
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