Superannuation (Miscellaneous Provisions) Act 1967
1967 c.28
An Act to amend the law relating to pensions and other similar payments to or in respect of persons who have been in certain employment, and for connected purposes.
[10th May 1967]
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2. Minor corrections of Superannuation (Amendment) Act 1965 and Superannuation Act 1965.
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(2) - (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. Effect of pension in respect of public office on remuneration in judicial or related office.
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7. Extension of superannuation provisions of National Health Service Acts.
— (1) [ The Secretary of State ] (hereafter in this section referred to as
“ the Minister ” ) may direct that regulations made under
[ section 10 of the Superannuation Act 1972 ] shall, subject to such modifications as may be provided in the direction, apply to any person specified in the direction
— (a)
who is
—
(i) wholly or mainly engaged in health services, whether provided under the [ National Health Service Act 1977 ] or otherwise, but not provided by a . . . local authority; or
(ii) an officer of a government department serving on the medical or nursing staff of that department or at or for the purposes of a hospital maintained by that department,
and who, if he were in the employment of an employing authority within the meaning of those regulations, would be an officer within the meaning of those regulations; or
(b)
who is a member of a body constituted under the said
[ Act of 1977 ] ,
or to any class so specified of such persons, as if the person, or any person of the class, so specified were, within the meaning of the said regulations, an officer in the employment of an employing authority, and in that event the regulations shall apply accordingly and
[ any scheme under section 1 of the said Act of 1972 ] , if otherwise applicable, shall not apply, or shall cease to apply, to that person.
(2) Where any person [ while continuing in or ] , within twelve months after leaving employment in which he was entitled to participate in superannuation benefits provided under the said [ section 10 ] (any period spent by that person on an approved course of study or training within the meaning of regulations made under that section being left out of account), enters such other employment as may be approved by the Minister for the purposes of this subsection, the Minister may direct that regulations so made shall, subject to such modifications as may be provided in the direction, apply to that person as if, while in that other employment, he were, within the meaning of those regulations, an officer in the employment of an employing authority, and in that event those regulations shall apply accordingly.
(3) A direction under subsection (1) or (2) of this section may be expressed to take effect as from the date of a person ’ s entry into employment notwithstanding that the direction, or the approval of that employment for the purposes of the said subsection (2), was not given until after that date.
(4) A direction given, or deemed under subsection (6) of this section to have been given, under subsection (1) or (2) of this section shall not be varied or revoked by a subsequent direction so as to exclude from the benefits provided under the said [ section 10 ] any person previously entitled thereto unless — (a)
the Minister is satisfied that other suitable superannuation arrangements are available for that person; and
(b)
that person consents to his being so excluded;
and where the subsequent direction results in such an exclusion of any such person, it may contain provision for the payment of a transfer value in respect of that person.
(5) The foregoing provisions of this section shall apply to Scotland with the substitution for references to the Minister of references to the Secretary of State and for references to the said [ Act of 1977 ] . . . of references . . . to the National Health Service (Scotland) [ Act 1978 ] . . .
(6) The following provisions are hereby repealed or revoked, namely — (a)
section 19 of the
National Health Service (Amendment) Act 1949;
(b)
regulation 60 of the
National Health Service (Superannuation) Regulations 1961;
(c)
regulation 57 of the
National Health Service (Superannuation)(Scotland) Regulations 1961;
but any direction or approval given, or having effect as if given, under any of those provisions and in force immediately before the commencement of this section shall be deemed to have been given under and for the purposes of the corresponding provision of this section. 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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11. Pensions of certain persons transferring to different employment.
— (1) For the purposes of section 2 of the
Superannuation (Miscellaneous Provisions) Act 1948 (under which rules may be made with respect to the pension payable to or in respect of a person who has been employed in an employment of one of the classes specified in subsection (2) of that section and becomes employed in a different employment), employment in the descriptions of service as teachers referred to in paragraph (e) of that subsection shall be treated as employments of different classes instead of as employment of the same class, and the enactments specified in subsections (2) to (5) of this section shall accordingly have effect subject to the amendments so specified.
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(3) In subsection (3) of the said section 2 (which specifies the appropriate Minister for the purposes of any class of employment specified in subsection (2) of that section), as amended by Schedule 1 to the Overseas Service Act 1958, for paragraphs (v) and (vi) there shall be substituted the following: — " ( v )
in relation to a class specified in paragraph ( e ) , ( ee ) or ( f ) of the said subsection ( 2 ) , the Secretary of State acting with the consent of the Treasury " ;
and so much of the said Schedule as amends the said subsection (3) is hereby repealed.
(4) In subsection (4) of the said section 2, for paragraph (b) there shall be substituted the following: — " ( b )
where either of the employments is such an employment as is mentioned in paragraph ( a ) , ( e ) , ( ee ) or ( f ) of subsection ( 2 ) of this section, payments out of moneys provided by Parliament " ;
and paragraph (d) of the said subsection (4) and so much of Schedule 1 to the said Act of 1958 as amends that subsection are hereby repealed.
(5) In section 17(1) of the said Act of 1948, for the definition of Scottish Teachers Superannuation Scheme there shall be substituted the following definition — " “ Scottish Teachers Superannuation Scheme ” means the Teachers Superannuation Scheme and the Teachers ( Superannuation ) Regulations as those expressions are defined in section 145 ( 47 ) and ( 48 ) of the Education ( Scotland ) Act 1962. "
(6) In section 2(4)(a) of the said Act of 1948 (which, in the case of a person changing his employment who has recieved any payment in respect of his pension rights upon ceasing to be employed in his former employment, enables rules to require payments by that person equal to all or any of the amounts so recieved) at the end there shall be inserted the words " with or without interest on those amounts for the whole or any part of the period since he received them " .
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(8) Where — (a)
on 1st January 1967 a person was serving in one of the capacities specified in section 10(1) of the
Police Pensions Act 1921; and
(b)
before that date that person had served in one or more other of those capacities,
then, in lieu of the provision with respect to any pension payable to that person made by paragraph (b) of the proviso to the said section 10(1), there shall be deemed as from that date to have been payable by or to such police authority, or to the Treasury, or out of moneys provided by Parliament, as the case may require, such transfer value or values as the Treasury may direct, regard being had to the period of service and the pay received by that person in each respectively of those capacities. 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13. Pensions of police cadets.
— (1) Regulations made by the Secretary of State under
[ section 52 of the Police Act 1996 ] (which relates to regulations for police cadets) may include provision
— (a)
for the application to police cadets appointed under
[ section 28 of that Act ] , subject to such modifications as may be prescribed by the regulations, of any provisions made by or under any enactment relating to the pensions payable to or in respect of members of police forces; and
(b)
for any regulations made by virtue of paragraph (a) of this subsection to have effect in relation to any police cadet to the exclusion of any other provision for pension, allowance or gratuity in respect of his service as a police cadet contained in or in force under any other enactment and, for the purpose of a return of any contributions made by the cadet under that other provision, for the cadet to be deemed to have ceased his employment upon the regulations coming into effect in relation to him.
[ ( 2 ) Regulations under subsection ( 1 ) of this section may provide for the reduction or withholding of awards under the regulations in cases where awards are provided for in respect of the same matters under any of the enactments relating to . . . social security ] .
(3) This section shall apply to Scotland with the substitution for the references in subsection (1) thereof to [ sections 52 and 28 of the Police Act 1996 ] of references to [ sections 27 and 28 respectively of the Police ( Scotland ) Act 1967 ] . 14. Pensions for medical commissioners of Mental Welfare Commission for Scotland.
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17. Expenses.
There shall be paid out of moneys provided by Parliament or out of the Consolidated Fund, as the case may be, any increase attributable to the provisions of this Act in the sums so payable under any other Act.
18. Citation and construction of references.
— (1) This Act may be cited as the Superannuation (Miscellaneous Provisions) Act 1967.
(2) The Superannuation Act 1965 and sections 1 and 2(2) and (3) of this Act may be cited together as the Superannuation Acts 1965 and 1967.
(3) The Governors ’ Pensions Act 1957 and section 4 of this Act may be cited together as the Governors ’ Pensions Acts 1957 and 1967.
(4) [ Section 7 ] of this Act — (a)
[ so far as it applies ] to England and Wales, may be cited together with the National Health Service Acts 1946 to 1966 as the National Health Service Acts 1946 to 1967;
(b)
[ so far as it applies ] to Scotland, may be cited together with the National Health Service (Scotland) Acts 1947 to 1966 as the National Health Service (Scotland) Acts 1947 to 1967.
(5) Save where the context otherwise requires, any reference in this Act to any enactment or instrument shall be construed as a reference to that enactment or instrument as amended, extended or applied by or under any other enactment or instrument, including any enactment contained in this Act.