Statutory Instruments
PENSIONS
Made
17th April 1974
Laid before Parliament
26th April 1974
Coming into Operation
18th May 1974
The Minister for the Civil Service, in exercise of the powers conferred on him by sections 1(1), (2) and (4) and 4(1) and (3)(a) of the Pensions (Increase) Act 1974 and of all other powers enabling him in that behalf, hereby makes the following Regulations:-
1. These Regulations may be cited as the Pensions Increase (Civil Service Pensions) Regulations 1974, and shall come into operation on 18th May 1974.
2.-(1) In these Regulations-
"the 1974 Act" means
"civil service pension" means
"Class A pension" means
employment in which any pay increase normally takes effect on 1st January in any year, or
employment in any capacity specified in column 1 of Schedule 1 to these Regulations, by the department or body specified in column 2 of that Schedule;
"Class B pension" means
which is payable in respect of service ending with employment, in any capacity specified in column 1 of Schedule 2 to these Regulations, by the department or body specified in column 2 of that Schedule, or
which is not either such a pension as is specified in paragraph (a) above or a Class A pension;
"principal civil service pension scheme"
(2) The Interpretation Act 1889 shall apply for the interpretation of these Regulations as it applies for the interpretation of an Act of Parliament.
3. Civil service pensions are hereby prescribed for the purposes of section 1(1) of the 1974 Act.
4. Class A pensions are pensions as respects which, in the opinion of the Minister for the Civil Service, increases in the emoluments relevant for the purpose of calculating the pensions were deferred during the period beginning with 6th November 1972 and ending with 31st March 1973 in consequence of provisions of the Counter-Inflation (Temporary Provisions) Act 1972, and accordingly paragraph (a) of section 1(2) of the 1974 Act applies to such pensions.
5. The date on which, in the opinion of the Minister for the Civil Service, the emoluments relevant for the purpose of calculating a civil service pensions were, or are expected to be, increased by the principal pay increase made or expected to be made, during the year ending with 6th November 1974, in accordance with the code in force under section 2 of the Counter-Inflation Act 1973 at the time of the increase, is-
(a)in the case of a Class A pension related to an employment specified in Schedule 1 to these Regulations, the date specified in relation to that employment in column 3 of that Schedule;
(b)in the case of any other Class A pension, 1st January 1974;
(c)in the case of a Class B pension related to an employment specified in Schedule 2 to these Regulations, the date specified in relation to that employment in column 3 of that Schedule; and
(d)in the case of any other Class B pension, 1st July 1974;
and accordingly those dates shall respectively be the relevant dates for those pensions.
6.-(1) The 1974 Act shall have effect, in relation to any civil service pension which by virtue of the principal civil service pension scheme is calculated by reference to the provisions of paragraph 2(2) or 6 of Schedule 1 to the Superannuation Act 1965 (which apply to certain persons who were civil servants on 27th June 1935), subject to the amendments specified in paragraph (2) below.
(2) In relation to such a pension as is described in paragraph (1) above, the Schedule to the 1974 Act shall have effect as if-
(a)in paragraph 5, for the words "before 1st April 1974" there were substituted the words "on or before the relevant date", and
(b)paragraph 7 and 16 were omitted,
and accordingly such a pension, if it begins after the relevant date for the pension, shall not be increased under the 1974 Act.
7. Any increase of pension payable by virtue of these Regulations shall have effect in respect of any period beginning on or after 1st December 1973.
Given under the official seal of the Minister for the Civil Service on 17th April 1974.
L.S.
Robert Sheldon
Minister of State to the Civil Service Department
Regulations 2(1) and 5
Employment | Employer | Relevant date |
---|---|---|
1. Fire service officer or fire prevention officer | Ministry of Defence | 7th November 1973 |
2. Member of the Fire Service Inspectorate | Home Office or Scottish Office | 7th November 1973 |
3. Commandant or Deputy Commandant, Fire Service Technical College | Home Office | 7th November 1973 |
4. Commandant, Fire Service Staff College | Home Office | 7th November 1973 |
5. Fire service instructor, senior fire service instructor or chief fire service instructor | Home Office | 7th November 1973 |
6. Member of film trade grades whose pay is linked to the agreement between the Kinematograph Renters Society and the National Association of Theatrical, Television and Kinematograph Employees | Central Office of Information | 3rd December 1973 |
7. Special duty orderly at Artificial Limb and Appliance Centres | Department of Health and Social Security | 13th December 1973 |
8. Member of ancillary health grades at Leopardstown Park Hospital, the Common Cold Unit or the Polish Home Sick Bay | Department of Health and Social Security | 13th December 1973 |
9. Non-craft industrial employee at Royal Navy Hospital, Haslar or Plymouth | Ministry of Defence | 13th December 1973 |
10. Assistant cook, cook, domestic, gardener, general labourer and gardener labourer, head porter, kitchen porter, medical orderly, porter, seamstress, storeman, waitress or ward orderly at the Hostel for Paraplegics, Duchess of Gloucester House, Isleworth or the Industrial Rehabilitation Unit, Egham | Department of Employment | 13th December 1973 |
11. Chefs I or II in the Civil Service Catering Organisation | Civil Service Department | 13th December 1973 |
12. Manager of a licensed public house in Carlisle and District State Management Scheme | Home Office | 20th January 1974 |
13. Agricultural worker | Minister of Agriculture, Fisheries & Food | 22nd January 1974 |
14. Agricultural worker | Scottish Office | 28th January 1974 |
15. Studio director | Central Office of Information | 1st July 1974 |
16. Member of film trade grades whose pay is linked to the agreement between the Independent Television companies Association and the Association of Cinematograph, Television and Allied technicians | Central Office of Information | 1st July 1974 |
17. Adviser on magistrates' courts | Home Office | 1st July 1974 |
18. Member of the film trade grades other than those specified in paragraphs 6 and 16 above | Central Office of Information | 2nd July 1974 |
19. Film Librarian | Imperial War Museum | 2nd July 1974 |
Regulations 2(1) and 5
Employment | Employer | Relevant date |
---|---|---|
1. Fireman | Ministry of Defence | 7th November 1973 |
2. Assistant at Reception or Reestablishment Centre | Department of Health & Social Security | 7th November 1973 |
3. Care assistant at the Polish Home | Department of Health & Social Security | 7th November 1973 |
4. Member of staff in off-licence sales branch, Carlisle and District State Management Scheme | Home Office | 18th December 1973 |
5. Member of industrial staff employed on the reconstruction and maintenance of Alderney Breakwater | Department of the Environment (Property Services Agency) | 3rd January 1974 |
6. Member of hotel and restaurant staff, Carlisle & District State Management Scheme | Home Office | 4th February 1974 |
7. Traffic representative | Ministry of Defence | 28th February 1974 |
8. Deputy Director at St Charles Youth Treatment Centre | Department of Health & Social Security | 1st April 1974 |
9. Deputy chief nursing office, principal nursing officer or nursing officer | Department of Health & Social Security | 1st April 1974 |
10. Deputy chief nursing officer, chief nursing officer or nursing officer | Scottish Office | 1st April 1974 |
11. Occupational therapy instructor | Department of Health & Social Security | 1st April 1974 |
12. Director of studies or director of general studies | Home Office | 1st April 1974 |
13. Head of civilian tutors, senior civilian tutor or civilian tutor | Home Office | 1st April 1974 |
14. Head of Educational Methods Unit | Home Office | 1st April 1974 |
15. Senior tutor or tutor I or II (Educational Methods) | Home Office | 1st April 1974 |
16. Extra-mural tutor | Home Office | 1st April 1974 |
17. Matron housekeeper or assistant matron housekeeper | Home Office | 1st April 1974 |
18. Housekeeper caterer | Home Office | 1st April 1974 |
19. Hostel warden | Home Office | 1st April 1974 |
20. Home warden | Government communications Head-quarters | 1st April 1974 |
21. Bookshop assistant (provincial) | Her Majesty's Stationery Office | 1st April 1974 |
22. Civilian operating room assistant | Ministry of Defence | 1st April 1974 |
23. Dental technician | Ministry of Defence | 1st April 1974 |
24. Assistant housekeeper | Scottish Office | 1st April 1974 |
25. Pharmacist | Ministry of Defence | 1st April 1974 |
26. Member of Navy Department printing grades | Ministry of Defence | 21st May 1974 |
27. Member of marine staff, Sea Fisheries Laboratory, Lowestoft or Torry Research Station, Aberdeen | Ministry of Agriculture, Fisheries & Food | 1st June 1974 |
28. Scientific Staff in the Fisheries Research Service | Scottish Office | 1st June 1974 |
29. Member of officer grades in ocean weather ship, cable ship of RMAS "Whitehead" | Ministry of Defence | 1st June 1974 |
30. Printer | Department for National Savings | 17th June 1974 |
31. Presser or bookbinder | Ministry of Overseas Development | 17th June 1974 |
32. Binder or lady sewer | Office of Population Censuses and Surveys | 19th June 1974 |
33. Bookbinder or sewer | Inland Revenue | 19th June 1974 |
34. Member of the industrial grades in the Ordnance Board Press and Mapping and Charting Establishment who received a pay increase on 19th June 1973 | Ministry of Defence | 19th June 1974 |
35. Member of industrial staff in presses and binderies | Her Majesty's Stationary Office | 2nd July 1974 |
36. Royal Fleet Auxiliary contract officer | Ministry of Defence | 2nd July 1974 |
37. Member of exhibition trade grades | Central Office of Information | 2nd July 1974 |
38. Member of marine grades | Ministry of Agriculture, Fisheries and Food | 2nd July 1974 |
39. Rating, Royal Maritime Auxiliary Service | Ministry of Defence | 2nd July 1974 |
40. Member of crew of ocean weather ship | Ministry of Defence | 2nd July 1974 |
41. Carpenter | Department for National Savings | 2nd July 1974 |
42. Member of industrial marine staff | Department of Agriculture and Fisheries for Scotland | 2nd July 1974 |
43. Member of industrial staff in warehouses | Her Majesty's Stationery Office | 26th July 1974 |
44. Member of park keeping grades or park attendant | Department of the Environment | 1st September 1974 |
45. Member of Ministry of Defence police | Ministry of Defence | 1st September 1974 |
46. Member of constabulary, Royal Botanic Gardens, Kew | Ministry of Agriculture, Fisheries and Food | 1st September 1974 |
47. Member of brewery staff, Carlisle and District State Management Scheme | Home Office | 2nd September 1974 |
48. Member of sound recording grades | Central Office of Information | 1st October 1974 |
49. Director of studies, Dartmouth or Sandhurst | Ministry of Defence | 1st October 1974 |
50. Bookbinder or sewer | Scottish Record Office | 3rd October 1974 |
These Regulations apply the Pensions (Increase) Act 1974 to pension payable under the Principal Civil Service Pension Scheme. Such pensions which begin after 1st January 1973 qualify for the special pensions increases under the 1974 Act. The Regulations specify those pensions under the scheme ("Class A pensions") which are payable in respect of service in a grade of the civil service which suffered deferment of a pay increase in consequence of the Counter-Inflation (Temporary Provisions) Act 1972 during the period 6th November 1972 to 31st March 1973; these pension will consequently be increased in accordance with Part I of the Schedule to the 1974 Act. All other pensions under the scheme ("Class B pensions") will be increased in accordance with Part II of the Schedule to the Act.
The Regulations also specify the "relevant date"-the date of the principal pay increase made or expected to be made during the year ending 6th November 1974-for the grades concerned.
The provisions of the 1974 Act are modified for pensions of those civil servants with a reserved right to the terms of the Superannuations Act 1859. Those pensions are calculated by reference to pay on the last day of service rather than the average salary over a 12-month period. The effect of the modification is that no increase is payable on such pensions which begin after the specified relevant date.
Under the powers in section 4(3)(a) of the 1974 Act the Regulations provide for increases payable by virtue of the Regulations to take effect from 1st December 1973.