Superannuation Act 1946
| Jurisdiction | UK Non-devolved |
Superannuation Act, 1946
(9 & 10 Geo. 6.) CHAPTER 60.
An Act to amend the Superannuation Acts; and to make further provision as to persons employed in the civil service of the State whose superannuation benefits are regulated under the enactments relating to teachers or to officers and servants of local authorities, or under certain approved schemes.
[26th July 1946]
B E 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 Counting of certain war service for superannuation purposes.
(1) Where, during the period beginning with the third day of September, nineteen hundred and thirty-nine, and ending with such date as the Treasury may by order appoint, a person has entered the civil service of the State after whole-time service during that period in the armed forces of the Crown, in the merchant navy or the mercantile marine, or in any of the women's services specified in the First Schedule to this Act, then for the purposes of section four of the Superannuation Act, 1887 , or section three of the Superannuation Act, 1914 (which relate to gratuities on retirement or death), or section three of the Superannuation Act, 1935 (which enables persons who become civil servants to reckon for superannuation purposes previous service in an unestablished capacity) any such whole-time service as aforesaid served by that person after he had attained the age at which, in the opinion of the Treasury, he might but for war circumstances have been appointed to the civil service of the State in the class in which he was in fact appointed shall, subject to any regulations made under this section, be treated as if it had been continuous service in an unestablished capacity ending immediately before the date on which the said person entered the civil service of the State.
(2) The Treasury may make regulations—
(a ) for securing that service shall not be reckoned for the purposes of the last foregoing subsection if it is reckoned for the purposes of the grant of naval, military or air force non-effective pay, including gratuities other than war gratuities to which section twenty-three of the Finance (No. 2) Act, 1945 (which exempts war gratuities from income tax) applies;
(b ) for excluding from the operation of the last foregoing subsection any period in respect of which the person in question was in receipt of such non-effective pay as aforesaid, or in respect of which he was in receipt of remuneration in excess of the full normal remuneration of his post in consideration of the service in respect of which the excess remuneration was payable not being reckoned for increase of any such non-effective pay,
so however that the regulations shall not prevent any service from counting for the purposes of so much of section four of the Superannuation Act, 1887, as requires a minimum period of service as a condition for the grant of a gratuity.
2 Superannuation of late entrants to civil service.
(1) If with respect to any person becoming a civil servant after attaining the age of forty years the Treasury have directed that he shall be subject to the provisions of this subsection, then for the purposes of the Superannuation Acts the length of his service shall be treated as eight-fifths of the actual length thereof.
(2) If with respect to any person becoming a civil servant between the ages of thirty-five and forty years the Treasury have directed that he shall be subject to the provisions of the last foregoing subsection, the provisions of the last foregoing subsection shall apply in his case accordingly, but his service before attaining the age of forty years shall be disregarded for the purposes of the Superannuation Acts:
Provided that notwithstanding the direction, this subsection shall not have effect so as to prevent or reduce any award under the said Acts which might have been made if the direction had not been given.
(3) No direction shall be given under this section in the case of a person who became a civil servant before the thirteenth day of May, nineteen hundred and forty-six, and no such direction shall be given in the case of any person after the expiration of six months from the date on which he became a civil servant, or from the commencement of this Act, whichever is the later.
(4) Any direction under this section shall be laid before each House of Parliament forthwith after it has been given.
3 Minor amendments of Superannuation Acts.
3. The Superannuation Acts shall be amended in manner provided by the Second Schedule to this Act.
4 Modifications of Superannuation Acts to meet war circumstances.
(1) For the purpose of adapting the Superannuation Acts to the circumstances of persons whose employment in the civil service of the State (in this subsection referred to as ‘usual employment’) has been interrupted or terminated by war circumstances, so as to authorise the making, whether before or after the commencement of this Act, of awards which, or the amount of which, would not be authorised under the said Acts apart from this section, the Treasury may make regulations providing, in the case of persons of any class to which the regulations apply,—
(a ) for reckoning time during the war period during which such a person has been absent from his usual employment in order to engage in other employment recognised by the Treasury as being of national importance as if he had spent the time in his usual employment at the remuneration which he would have been receiving if he had not left that employment;
(b ) for securing that, in the case of a person who during the war period was absent from his usual employment in order to serve in the armed forces of the Crown or to be employed in other work recognised by the Treasury as being of national importance, and while so serving or employed died or became by reason of infirmity of mind or body permanently incapacitated for the duties of his usual employment, the Superannuation Act, 1887 and section three of the Superannuation Act, 1914 (which provide for gratuities in the case of persons not entitled to superannuation allowance who die while employed or are removed in consequence of the abolition of their employment or by reason of incapacity) shall apply as if at the time when he became absent from his usual employment he had been removed therefrom in consequence of the abolition thereof;
(c ) in the case of a person who, having entered on his usual employment after having served on a regular engagement in the armed forces of the Crown, left his usual employment to enter on further service in those forces, and was subsequently reinstated in his usual employment, for reckoning such further service, or any subsequent employment in the civil service of the State before he was reinstated, for the purposes of the Superannuation Acts in such manner as may be specified in the regulations;
(d ) in the case of a person who, not being a person falling within the last foregoing paragraph, left his usual employment on or after the third day of September, nineteen hundred and thirty-nine, without the consent of the head officer in the department in which he was employed, to enter on service in the armed forces of the Crown or on other work recognised by the Treasury as being of national importance, and was subsequently reinstated in his usual employment, for reckoning as aforesaid such service or work, or any subsequent employment in the civil service of the State before he was reinstated;
(e ) in the case of a person who on or after the said date left his usual employment through having for reasons of conscience refused to enter on service in the armed forces of the Crown or to continue in his usual employment, but later entered on such service or returned to employment in the civil service of the State, and was subsequently reinstated in his usual employment, for reckoning as aforesaid such service or employment before he was reinstated;
(f ) for applying section one of the Superannuation Act, 1887 (which provides in the case of death or injury arising from service for awards in accordance with the terms of a Treasury warrant) and any warrant made thereunder to persons who died or were injured while in territory occupied by an enemy, or whose death or injury is attributable to circumstances arising while they were in such territory.
(2) Regulations of the Treasury under this Act may make provision, in substitution for the provisions of section four of the Superannuation Act, 1887, authorising the payment, whether before or after the commencement of this Act, to persons employed in the Control Service for Germany and Austria, being persons employed in any such capacity as is mentioned in the said section four, or to any class of such persons, of gratuities on the termination of their employment.
(3) In this section the expression ‘war period’ means the period beginning with the third day of September, nineteen hundred and thirty-nine, and ending with such date as the Treasury may by order appoint.
5 Application to civil service of certain superannuation schemes.
(1) Where, whether before or after the commencement of this Act,—
(a ) a person employed in the civil service of the State has, with the approval of the Treasury,...
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