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SUPERANNUATION ACT (NORTHERN IRELAND) 1967

SUPERANNUATION ACT (NORTHERN IRELAND) 1967 - LONG TITLE

An Act to consolidate the Superannuation Acts (Northern Ireland) 1921
to 1966, the enactments thereby applied to the civil service of
Northern Ireland and certain other enactments relating to the
superannuation of civil servants and other persons employed in the
civil service of Northern Ireland.
[28th November 1967]
PART I
xtf1lf80f5
(2) Rules under this section may in particular in relation to such
persons

(a)modify [any] enactments which are for the time being in force
and under which pensions are payable in respect of employment in a
public office;

(b)apply the provisions of [the civil service scheme, with or
without modifications, in substitution for any] enactments,
notwithstanding that [that scheme] is not otherwise applicable in
relation to any of those public offices;

(c)make provisions as to the manner in which any pensions are to
be defrayed, and in particular make provision for the payment of a
transfer value by one pension authority to another, including the
payment of a transfer value out of the Exchequer;

(d)define the kinds of public offices which are to be treated for
the purposes of the rules as different public offices.

(3) Subject to subsection (4), rules under this section may provide
either for separate pensions under the respective enactments relating
to the different employments or for a single pension under the
enactments relating to the later or latest employment (or by virtue
of subsection (2)(b) under [the civil service scheme]) or employ
partly the one method and partly the other.

(4) If the rules under this section provide for separate pensions
in relation to different public offices the rules shall not modify
[the civil service scheme] or any other enactments so as to include
as reckonable service in computing one of the separate pensions
service in a public office in respect of which another of those
separate pensions is payable.

(5) Rules under this section may be so framed as to apply to
persons ceasing to be employed in one public office and becoming
employed in another notwithstanding that the cessation of the first
employment or the commencement of the second employment was before
the date of the making of the rules but no rules shall be framed
so as to apply when the cessation of the first employment took
place before the making of the rules unless the rules are to apply
only with the consent of the person ceasing to be employed, or
that person is by the rules given an opportunity to elect that
they shall not apply to him.

(6) If the application of the rules in force under this section
would put a particular individual in a position less advantageous
than that in which he would have been if the rules did not apply
in relation to him, they shall not be so applied.

[(6A) References in this section to enactments shall be construed as
including references to the civil service scheme, and in this
section "the civil service scheme" means the principal civil service
pension scheme within the meaning of Article 4 of the Superannuation
(Northern Ireland) Order 1972 and for the time being in force.]

(7) In this section "pension", in relation to any person, means a
pension of any kind whatsoever payable to or in respect of him,
and includes a lump sum or gratuity so payable.

SUPERANNUATION ACT (NORTHERN IRELAND) 1967 - SECT 39
1972 NI 10

39.(1) In section 38 references to employment in a public office
shall be construed as references to employment of the following
kinds, and "public office" shall be construed accordingly,

(a)employment in the civil service (whether or not in an established
capacity),

(b)employment in any other capacity remunerated out of moneys
provided by Parliament or the Consolidated Fund, not being employment
in contributory service within the meaning of the Teachers
(Superannuation) Acts (Northern Ireland) 1950 to 1963, nor employment
which is reckoned as service as a civil servant under section 36.

(2) The Ministry may by order

(a)designate any employment as employment in a public office for the
purposes of this section, and

(b)add to, amend or repeal any of the provisions of subsection (1),

(3) Section 38 and this section shall have effect subject to the
transitional provisions in paragraphs 8 and 9 of Schedule 9.

(4) Service as a clerk of petty sessions or as an assistant clerk
of petty sessions shall be deemed always to have been employment in
a public office where apart from this subsection it would not have
been employment in a public office.

Ss.4042 rep. with saving by 1972 NI 10 arts.4(9), 18, 23 sch.8

SUPERANNUATION ACT (NORTHERN IRELAND) 1967 - SECT 43
Meaning of ""public office'' and supplementary provisions.

43.(1) The provisions of [the principal civil service pension scheme
within the meaning of Article 4 of the Superannuation (Northern
Ireland) Order 1972 and for the time being in force] shall, in
relation to persons

(a)who, whether before or after they are civil servants serve in a
public office (not in the civil service) within the meaning of
section 38; or

(b)to whom any regulations which are made under section 31 or 32
apply; or

(c)to whom subsection (1)(f) of section 12A of the Teachers
(Superannuation) Act (Northern Ireland) 1950 and any rules which are
made under that subsection apply; or

(d)who are transferred Irish officers;

Subs.(2)(3) rep. with saving by 1972 NI 10 arts.4(9), 18, 23 sch.8

Ss.7586 rep. with saving by 1972 NI 10 arts.4(9), 18, 23 sch.8

Ss.87, 88 rep. with saving by 1972 NI 10 arts.4(9), 18, 23 sch.8

SUPERANNUATION ACT (NORTHERN IRELAND) 1967 - SECT 89
1950 c.33

89.(1) All rules [and orders made under this Act] shall be subject
to negative resolution.

Subs.(2) rep. with saving by 1972 NI 10 arts.4(9), 18, 23 sch.8

SUPERANNUATION ACT (NORTHERN IRELAND) 1967 - SECT 90
Provisions as to rules and orders.

90.(1) There shall be paid out of the Consolidated Fund

(a)any payments to be so made under provisions of this Act or the
Superannuation Act 1965 relating to public offices; and

(b)any increase attributable to this Act in the sums to be so paid
under any other Act.

(2) There shall be paid out of moneys provided by Parliament

(a)any pension, allowance, gratuity or return of contributions, with
or without interest, which is payable under or by virtue of any of
the provisions of this Act and does not fall to be paid from some
other fund;

(b)any sums to be so paid under the provisions of the
Superannuation Act 1965 relating to public offices;

Para.(c) rep. with saving by 1972 NI 10 arts.4(9), 18, 23 sch.8

(d)any administrative expenses incurred by any government department
under this Act.

Subs.(3) rep. with saving by 1972 NI 10 arts.4(9), 18, 23 sch.8

SUPERANNUATION ACT (NORTHERN IRELAND) 1967 - SECT 91
1965 c.74

91.(1) In this Act "civil service" means the civil service of
Northern Ireland.

(2) In this Act "civil servant" means a person (not being a
transferred Irish officer who was an established civil servant in
the permanent civil service of the United Kingdom at the date on
which he became an officer of the Government of Northern Ireland or
was allocated to that Government) serving in an established capacity
in the permanent civil service, and references in this Act to
persons ceasing to be civil servants, to persons retiring from being
civil servants and to retired civil servants shall be construed
accordingly.

(3) Except where the context otherwise requires, any reference in
this Act to a person ceasing to be a civil servant includes a
reference to the death of a person who dies while he is a civil
servant.

(4) For the purposes of this Act no person shall be deemed to
have served in the permanent civil service unless he holds his
appointment directly from the Crown or has been admitted into the
civil service with a certificate from the Civil Service Commissioners
for Northern Ireland or as a specially appointed officer.

(5) For the purposes of this Act, any person

(a)who has served as a civil servant and commenced so to serve at
any time between the 6th June 1921 and the 22nd December 1926; and

(b)in relation to whom a certificate was issued by the Civil
Service Commissioners for Northern Ireland on or before the 22nd
December 1926,

Ss.92,93 rep. with saving by 1972 NI 10 arts.4(9), 18, 23 sch.8.
S.94 rep. by SR 1979/103

SUPERANNUATION ACT (NORTHERN IRELAND) 1967 - SECT 95
Meaning of ""civil service'' and ""civil servant'' and supplementary
provisions.

95.(1) The savings and transitional provisions contained in Schedule
9 shall have effect.

Subs.(2) rep. with saving by 1972 NI 10 arts.4(9), 18, 23 sch.8

Savings and transitional provisions.

SUPERANNUATION ACT (NORTHERN IRELAND) 1967 - SECT 97

97. This Act may be cited as the Superannuation Act (Northern
Ireland) 1967 ... Commencement

Schedules 17 rep. with saving by 1972 NI 10 arts.4(9), 18, 23
sch.8. Schedule 8 rep. by SR 1979/103

Paras.14 rep. with saving by 1972 NI 10 arts.4(9), 18, 23 sch.8

8. In relation to service at any time before 7th August 1966 the
expression "public office" in sections 38 and 39 includes any public
office within the meaning of the Superannuation Act 1892 as in
force at that time.

9.(1) The Superannuation (Public Offices) Rules (Northern Ireland)
1911 to 1958 shall continue in force and have effect as if made
under section 38, and may be amended or revoked accordingly.

(2) Subject to being so amended, in those rules the expression
"public office", in relation to service before 7th August 1966,
means any such office as is described in paragraph 8 and in
relation to service at any later time has the meaning given by
section 39.

Paras.1017 rep. with saving by 1972 NI 10 arts.4(9), 18, 23 sch.8

Section 95(1).