Pensions (Abatement) Act, 1965
|
Suspension or reduction of annual allowance under Superannuation Acts, 1834 to 1963. |
1.—(1) (a) This subsection shall, subject to the next subsection, apply where— | |
(i) an annual allowance (in this subsection referred to as the allowance) of superannuation or of compensation is payable under the Superannuation Acts, 1834 to 1963 (excluding section 28 of the Superannuation and Pensions Act, 1963 ) to a person (in this subsection referred to as the pensioner), and | ||
(ii) the pensioner receives any payment (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) (in this subsection referred to as the payment) in respect of an appointment in the Civil Service. | ||
(b) (i) No more of the allowance shall be paid, for any specified period of receipt of the payment, than so much as, with the payment, equals the remuneration which the pensioner would have received in respect of that period if, during it, he— | ||
(I) held the office in which he served on the last day of his pensionable service, but | ||
(II) was remunerated at the rate of remuneration (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) of which he was in receipt on that day, subject, however, in case changes have taken place (or, if the said office has ceased to exist, would have taken place if it had not ceased to exist) in that rate, to treating that rate as being varied by taking account of so much of those changes as may be specified. | ||
(ii) In this paragraph “specified” means specified by the Minister for Finance. | ||
(c) Where the pensioner surrenders under the Superannuation Act, 1956 , part of the allowance, then, for the purpose of determining whether any, and, if so, what, amount may be paid to him under the foregoing paragraph, the rate of remuneration of which he was in receipt on the last day of his pensionable service shall be reduced by the amount surrendered by him as aforesaid. | ||
(d) Every doubt, question or dispute arising under this subsection shall be decided by the Minister for Finance, whose decision thereon shall be final and conclusive. | ||
(2) The Minister for Finance may, at his discretion but subject to the condition specified in the next subsection, waive the application of subsection (1) of this section in any particular case, and that subsection shall thereupon not apply in that case. | ||
(3) The condition referred to in subsection (2) of this section is that the Minister for Finance is satisfied that— | ||
(a) persons with particular training and experience are required for particular work in a particular department or office, | ||
(b) the person who is being re-employed has that training and experience, is being re-employed for that work and is otherwise suitable for re-employment in all respects, and | ||
(c) it is not practicable to meet that requirement otherwise than by the re-employment of pensioners. | ||
(4) The foregoing provisions of this section and the repeal by section 8 of this Act of section 20 of the Superannuation Act, 1834 , shall have effect subject to the proviso that they shall not apply in relation to a person to whom during the period between the commencement and the passing of this Act or any part thereof an annual allowance of superannuation or of compensation was payable under the Superannuation Acts, 1834 to 1963 (excluding section 28 of the Superannuation and Pensions Act, 1963 ) and who during that period or part was in receipt of a payment (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) in respect of an appointment in the Civil Service unless he notifies the Minister for Finance in writing, within the period of twelve months beginning on the commencement of this Act, that he wishes them to apply in relation to him, but if he so notifies, they shall apply in relation to him with effect as from such commencement. |