Superannuation (Miscellaneous Provisions) Act 1948
| Jurisdiction | UK Non-devolved |
| Citation | 1948 c. 33 |
| Year | 1948 |
Superannuation (Miscellaneous Provisions) Act, 1948
(11 & 12 Geo. 6.) CHAPTER 33.
An Act to amend the law relating to pensions and other similar payments to be made to and in respect of persons who have been in certain employment, and for purposes connected with the matters aforesaid.
[28th May 1948]
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 Treatment of compulsory national service for pension purposes.
(1) Where a person, immediately before he enters upon compulsory national service, either—
(a ) is a civil servant or serving the State in an unestablished capacity; or
(b ) is an employee of a local authority or is in any other employment by virtue of which he is for the time being entitled to participate in the benefits of a superannuation fund maintained under Part I of the Local Government Superannuation Act, 1937 , or under Part I of the Local Government Superannuation (Scotland) Act, 1937 , or under a local Act scheme; or
(c ) is employed in contributory service within the meaning of the Teachers (Superannuation) Acts, 1918 to 1946, or is so circumstanced that he is treated for any of the purposes of those Acts as engaged in a period of contributory service; or
(d ) is employed in service as defined in the Scottish Teachers Superannuation Scheme, or is so circumstanced that he is treated for any of the purposes of that Scheme as engaged in a period of service,
rules made under this section may provide that the period of his compulsory national service and such further period, if any, after the termination thereof as may be specified in the rules, shall be treated for the purposes of the Superannuation Acts, 1834 to 1946, as service as a civil servant or to the State in an unestablished capacity, for the purposes of the Local Government Superannuation Act, 1937, or the Local Government Superannuation (Scotland) Act, 1937, as contributing or non-contributing service, for the purposes of any local Act scheme as service for the purposes of that scheme, for the purposes of the Teachers (Superannuation) Acts, 1918 to 1946, or any scheme made thereunder as contributory service or approved external service, or for the purposes of the Scottish Teachers Superannuation Scheme as a period of service as defined in that Scheme or a period during which he is so circumstanced that he is treated for any of the purposes of that Scheme as engaged in a period of service, as the case may be.
(2) Where a person who has been successful in a competitive examination for persons desiring to obtain posts in the permanent civil service of the State enters upon compulsory national service before becoming a civil servant, and that examination, or any subsequent examination for persons desiring to obtain similar posts, was one in which persons below the age of eighteen years were allowed to compete, then, where rules made under this section so provide, so much of the period of his compulsory national service as falls after the date on which the Civil Service Commissioners issue their certificate of qualification in relation to him, and such further period, if any, after the termination of his compulsory national service as may be specified in the rules, shall be treated for the purposes of the Superannuation Acts, 1834 to 1946, as service as a civil servant.
(3) Rules under this section shall, in relation to the Superannuation Acts, 1834 to 1946, be made by the Treasury, in relation to the Local Government Superannuation Act, 1937, and local Act schemes in England and Wales, be made by the Minister of Health, in relation to the Local Government Superannuation (Scotland) Act, 1937, and local Act schemes in Scotland, be made by the Secretary of State, in relation to the Teachers (Superannuation) Acts, 1918 to 1946, and schemes made thereunder, be made by the Minister of Education with the consent of the Treasury, and in relation to the Scottish Teachers Superannuation Scheme, be made by the Secretary of State with the like consent, and any such rules may require the payment of contributions or transfer values, and, where the rules are made by or with the consent of the Treasury, may provide for the payment into the Exchequer or out of moneys provided by Parliament or into or out of the Education (Scotland) Fund of any sums payment of which is required or authorised by the rules.
(4) Rules made under this section with respect to the persons referred to in paragraph (a ) of subsection (1) of this section may be so framed as to apply, and to be deemed always to have applied, in relation to any person who entered upon his compulsory national service at any time after the beginning of July, nineteen hundred and forty-seven; and rules made under this section with respect to the persons referred to in subsection (2) of this section may be so framed as to apply, and to be deemed always to have applied, in relation to any person who entered upon his compulsory national service at any time after the beginning of the year nineteen hundred and forty-six.
(5) Rules made under this section shall not apply in relation to any of the persons mentioned in paragraphs (b ), (c ) and (d ) of subsection (1) of this section unless their compulsory national service commences, in the case of persons mentioned in the said paragraph (b ), after the expiration of the present emergency as defined for the purposes of the Local Government Staffs (War Service) Act, 1939 , in the case of the persons mentioned in the said paragraph (c ), after the expiration of the present emergency as defined for the purposes of the Teachers Superannuation (War Service) Act, 1939 and, in the case of the persons mentioned in the said paragraph (d ), after the expiration of the present emergency as defined for the purposes of the Education (Scotland) (War Service Superannuation) Act, 1939 ; but the said Acts shall be amended in accordance with the provisions of Parts I, II and III respectively of the Schedule to this Act and, to the extent specified in those Parts of that Schedule, shall be deemed always to have had effect as so amended.
(6) The provisions of the Superannuation Schemes (War Service) Act, 1940 , shall apply in relation to persons who cease to follow their employment after the period of the present emergency (as defined in the said Act) in order to undertake compulsory national service as they apply in relation to persons who cease to follow their employment during the period of the present emergency (as so defined) in order to under take service in any of the naval, military or air forces of the Crown.
(7) In this section, the expression ‘compulsory national service’ means service in any of the armed forces of the Crown undertaken by virtue of an enlistment notice or a training notice served under the National Service Acts, 1939 to 1947, or work or training in pursuance of an order of a tribunal under section five of the National Service (Armed Forces) Act, 1939 (which relates to conscientious objectors).
2 Pensions of persons transferring to different employment.
(1) Where persons who have been employed in one employment become employed in another employment and either—
(a ) one of the employments is, and the other employment is not, an employment of one of the classes specified in subsection (2) of this section; or
(b ) one of those employments is of one of those classes and the other employment is of another of those classes,
rules may be made with respect to the pensions payable to and in respect of those persons by the appropriate Minister, or, as the case may be, the appropriate Ministers acting jointly:
Provided that this subsection shall not apply unless either—
(i) both employments are pensionable employments; or
(ii) the first employment is of one of the classes specified in paragraphs (c ) and (d ) of subsection (2) of this section and the second employment is of such a nature as may be specified in rules to be made by the Minister of Health, or, in relation to Scotland, by the Secretary of State, and is undertaken with the approval of the local authority by which the superannuation fund concerned is maintained.
(2) The classes of employment referred to in subsection (1) of this section are the following, that is to say—
(a ) employment as a civil servant; and
(b ) employment as a member of the metropolitan police staff; and
(c ) employment by virtue of which the person employed is or is deemed to be, or, but for any rules made under this section, would be or be deemed to be, a contributory employee or local Act contributor within the meaning of the Local Government Superannuation Act, 1937, or the Local Government Superannuation (Scotland) Act, 1937; and
(d ) employment (not being such employment as is specified in paragraph (c ) of this subsection) by virtue of which the person employed is entitled to participate in any of the benefits of a superannuation fund maintained under a local Act scheme in England or Wales; and
(e ) employment in contributory service within the meaning of the Teachers (Superannuation) Acts, 1918 to 1946, or in service as defined in the Scottish Teachers Superannuation Scheme.
(3) Where either of the employments in question falls within one of the classes specified in subsection (2) of this section, the appropriate Minister, or, as the case may be, one of the appropriate Ministers, for the purposes of subsection (1) of this section shall be—
(i) in relation to the class specified in paragraph (a ) of the said subsection (2), the Treasury;
(ii) in relation to the class...
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