Superannuation Act, 1892

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SUPERANNUATION ACT 1892

CHAPTER XL.

An Act to amend the Acts relating to Superannuation Allowances and Gratuities to Persons in the Public Service so far as respects the computation of successive Service in different Offices where not all subject to the Superannuation Acts, 1834 to 1887, and as respects the application of Section Six of the Superannuation Act, 1887, to Employments of Profit under the Government of India.[¹] [27th June 1892.]

Reckoning of service in one or more public offices.

1.—(1) The Treasury may, within one month after the passing of this Act, frame [²] rules regulating the superannuation allowance or gratuity which may be granted to persons who have served continuously and successively in two or more public offices as defined by this Act, but are not entitled to reckon for such grant service in all those offices.

(2) The said rules shall provide for reckoning service according to the rules under the Superannuation Acts, 1834 to 1887, and subject to such reckoning of service, for granting the same superannuation allowance or gratuity to any person as might have been granted to him if his whole service had been in the public office from which he ultimately retires.

(3) The Treasury may determine in each case the funds or accounts out of which the superannuation allowance or gratuity is to be paid, and where it is to be paid out of more than one fund or account, may apportion the amounts to be paid out of each fund or account: Provided that in cases affecting the revenue of India the Secretary of State in Council of India shall determine the amount to be paid therefrom.

Extension to Indian employments of rules under 50 & 51 Vict. c. 67. s. 6.

2. The Treasury may, within one month after the passing of this Act, frame [¹] rules for the purpose of extending to employments of profit under the department of the Secretary of State in Council of India, or the Government of India, such of the existing rules under section six of the Superannuation Act, 1887, as do not extend to those employments, and may consolidate the existing rules with the the rules so framed.

Rules to be laid before Parliament.

3. A copy of any rules made under this Act shall forthwith be laid before Parliament, and the rules shall not come into operation until three months after such copy is so laid, nor if within those three months either House passes a resolution objecting to them, but if such resolution is passed the Treasury may frame new rules, and this section shall apply as if the passing of the said resolution were substituted for the passing of this Act, and so on as often as occasion may require.

Definitions.

40 & 41 Vict. c. 21.

40 & 41 Vict. c. 49.

40 & 41 Vict. c. 53.

4. In this Act, unless the context otherwise requires—

The expression “public office” means any office or employment (other than any office or employment in Her Majesty’s naval or land forces) service in which qualifies for the grant of a superannuation allowance or gratuity, and the remuneration of which is paid out of—

(a) the Consolidated Fund of the United Kingdom; or

(b) moneys provided by Parliament, or dealt with as appropriations in aid; or

(c) the revenue of India; or

(d) the revenue of the Isle of Man; or

(e) any fund which, from its being administered by a public department, the Treasury may determine to be a public fund;

and includes the office of any existing prison officer within the meaning of the Prisons Act, 1877, the General Prisons (Ireland) Act, 1877, and the Prisons (Scotland) Act, 1877:

The expression “superannuation allowance” includes any pension or superannuation or other retiring allowance.

[S. 5 rep. 8 Edw. 7. c. 49 (S.L.R.).]

Short title and construction.

5. This Act may be cited as the Superannuation Act, 1892.

This Act shall be read as one with the Superannuation Acts, 1834 to 1887. . . . .

[¹ Short title, “The Superannuation Act, 1892,”; see s 6.]

[² See Stat. Rules and Orders Rev., IX., “Pension and Half-Pay,” p. 16.]

[¹ See Stat. Rules and Orders Rev., IX., “Pension and Half-pay,” p. 17.]