Superannuation Act 1935
| Jurisdiction | UK Non-devolved |
| Citation | 1935 c. 23 |
| Year | 1935 |
Superannuation Act, 1935
(25 & 26 Geo. 5.) CHAPTER 23.
An Act to amend the law with respect to the superannuation benefits of persons who have served in the permanent Civil Service of the State; to provide for the amendment of section one of the Superannuation Act, 1887, and for the modification or revocation of the rules made under section six of that Act; and for purposes connected with the matters aforesaid.
[27th June 1935]
Be 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 Application of Superannuation Act, 1909, to women.
(1) Sections one and two of the Superannuation Act, 1909 , as amended by section two of the Superannuation Act, 1914 , and by this Act, shall apply in relation to female civil servants who enter the service after the commencement of this Act, as they apply in relation to male civil servants who entered the service after the nineteenth day of September, nineteen hundred and nine.
(2) Subject to regulations made by the Treasury, the Treasury may allow any female civil servant who has entered the service before the commencement of this Act, and who, at the commencement of this Act, is under the retiring age, to adopt the provisions of the Superannuation Act, 1909, and in that case there may be granted to her or her legal personal representatives such superannuation and other allowances and gratuity as might be granted had she entered the service after the commencement of this Act, except that the amount of the additional allowance payable on retirement shall be increased by one-half per cent. in respect of each completed year she had served at the commencement of this Act:
Provided that any superannuation or other allowance or gratuity which, by virtue of this subsection, may be granted to, or in respect of, a female civil servant who has duly signified that she does not desire section four of this Act to apply to her, shall be calculated as if that section had not come into operation.
(3) Section one of the Superannuation Act, 1914, (which provides for the distribution of gratuities without probate in certain cases) shall apply in relation to the grant of a gratuity under subsection (2) of this section as it applies in relation to the grant of a gratuity under section three of the Superannuation Act, 1909.
2 Allocation of part of superannuation benefits to dependants.
(1) The Treasury may make rules for securing that, in such circumstances and subject to such conditions as to proof of good health and other matters as may be specified in the rules, a retiring officer, that is to say, a person of such a class as may be so specified—
(a ) who, being a civil servant, retires from the service, otherwise than on the ground of ill-health, not earlier than three months after the commencement of this Act, or
(b ) who, having served in the permanent civil service of the State at some time later than three months after the commencement of this Act, retires from some other employment, otherwise than on the ground of ill-health, in such circumstances as qualify him for the grant of a superannuation allowance in respect of his service in the civil service,
shall be allowed to surrender, as from the date of his retirement, in return for the benefits of the rules such part, not exceeding one-third, of any annual superannuation, compensation or retiring allowance which the Treasury may grant to him under the Superannuation Acts, as may be specified in the rules, and for enabling the Treasury to grant either to the wife or husband, as the case may be, or to a dependant, of the retiring officer a pension of such value as, according to tables to be prepared from time to time by the Government Actuary, is actuarially equivalent, at the said date, to the value of that part of the said annual allowance which is surrendered.
(2) Any such pension as aforesaid for the benefit of a dependant (not being the spouse) of a retiring officer shall be payable in respect of the period, if any, for which the dependant survives the retiring officer, and any such pension as aforesaid for the benefit of the spouse of a retiring officer shall, according as the retiring officer may, in conformity with the rules under this section, elect, be payable either—
(a ) in respect of the period, if any, for which the spouse survives the retiring officer, or
(b ) in respect both of the period of their joint lives subsequent to the retirement and of the period, if any, for which the spouse survives the retiring officer;
and the rules may provide that a pension payable thereunder in respect of the periods mentioned in paragraph (b ) of this subsection shall be paid at one rate in respect of the first of those periods and at a higher rate in respect of the second.
(3) If any person has, in accordance with rules under this section, surrendered part of a superannuation allowance, then for the purpose of calculating the amount of any gratuity which may be granted to his legal personal representatives under subsection (2) of section two of the Superannuation Act, 1909, as amended by this Act, the sums paid or payable to him at the time of his death on account of such superannuation allowance shall be deemed to be the sums which would have been so paid or payable but for the surrender; and if any person has, in accordance with such rules as aforesaid, surrendered part of a superannuation or compensation allowance, then for the purpose of determining whether any, and, if so, what, amount may be paid to him under section twenty of the Superannuation Act, 1834 , by way of such allowance in respect of any period during which, after retiring, he is employed in a public department, the profits of the office from which he retired shall be treated as reduced by the amount surrendered by him as aforesaid.
3 Reckoning of unestablished service.
(1) If, as respects any person who, at the time when he becomes a civil servant, is serving the State in an unestablished capacity, his continuous service in such a capacity immediately before his becoming a civil servant began not earlier than the commencement of this Act, his said continuous service shall, as to one-half of the period thereof, be reckoned for the purposes of the Superannuation Acts as service in the capacity of a civil servant:
Provided that for the purpose of computing, in the case of any person, the service to be reckoned as aforesaid, no account shall be taken of any period for which that person has served before attaining the age of eighteen years.
(2) The Treasury may direct—
(a ) that, subject to such conditions as they may determine, the service of any person in an unestablished capacity for two or more periods shall, for the purpose of determining whether or not his service in such a capacity is to be reckoned under the preceding subsection, be treated as if it were continuous service beginning at the commencement of the first of those periods or of such one of them as the Treasury may determine;
(b ) that, subject as aforesaid, discontinuous periods of service in an unestablished capacity shall be aggregated for the purpose of computing the service to be reckoned under the preceding subsection;
(c ) that, subject as aforesaid, a person admitted into the civil service with a certificate from the Civil Service Commissioners shall, if, while the issue of that certificate was under consideration, he was, for any period, serving the State in an unestablished capacity in a post previously recognised by the Treasury as an established post, be treated for the purpose of the preceding subsection as having become a civil servant at the beginning of the said period, and that his service during that period shall be reckoned for the purposes of the Superannuation Acts as service in the capacity of a civil servant.
(3) Section three of the Superannuation Act, 1887 , shall not apply in relation to any person whose service in an unestablished capacity is to be reckoned under subsection (1) of this section.
(4) In this section the expression ‘unestablished capacity’ means employment in the civil service of the State otherwise than in the capacity of a civil servant as defined by section twelve of the Superannuation Act, 1887, being employment to which the person serving therein is required to devote his whole time, and the remuneration for which is paid entirely out of moneys provided by Parliament.
4 Averaging of salary, &c.
(1) This section shall apply to every civil servant who, not earlier than five years after the commencement of this Act, retires from the service or dies while in the service, except—
(a ) any male person who became a civil servant before the twentieth day of September, nineteen hundred and nine, and who had not, before the commencement of this Act, adopted the provisions of the Superannuation Act, 1909,
(b ) any female person who became a civil servant before the commencement of this Act, and who has not adopted the provisions of the Superannuation Act, 1909,
(c ) any civil servant who, at the commencement of this Act, had attained the retiring age,
(d ) any male person who was a civil servant at the commencement of this Act, and who has signified, in such manner and within such time as the Treasury may direct, that he does not desire this section to apply to him, and
(e ) any female person who was a civil servant at the commencement of this Act, and who has adopted the provisions of the Superannuation Act, 1909, but has signified, in such manner and within...
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