# The Overseas Service (Pensions Supplement) Regulations 1995, Regulation 6: Increasable rate of pension


(1) For the purpose of calculating supplement, the increasable rate of a pension, subject to the following provisions of this regulation, shall be—
(a) in the case of a principal pension, the rate of pension first awarded with effect from the day following the last day of the service by reference to emoluments in which the pension is computed or, if the pension first became payable after that day, which would have been so awarded had it become payable on that day;
(b) in the case of a derivative pension, the rate of pension first awarded—
but excluding in every case—
(i) the amount of any increase, bonus or other allowance howsoever authorised which may have been included in the amount of the award;
(ii) any other amount which is an overseas increase; and
(iii) any supplement under these Regulations.
(2) Where the law or administrative provisions under which the pension is payable, in force at the time when the pension is first awarded, provide for—
(a) the exercise by any person of an option under which the rate of the pension may be changed; or
(b) a change in the rate of the pension upon a change in the circumstances of the pensioner or upon a change in the persons entitled to payment of pensions in respect of the service or contributions of the officer concerned—
and the rate of pension first awarded is revised in accordance with that provision (or any re-enactment thereof), the increasable rate shall from the date when that revision takes effect be the rate as so revised, subject to the exclusions specified in paragraph (1).
(3) In the case of any pension in respect of service under the Government of the Federal Republic of Nigeria or any of the States of the Federal Republic of Nigeria which has been calculated under pensions legislation of Nigeria or any part thereof giving effect, with or without modification, to the Report of the Public Service Review Commission (the Udoji Report), the increasable rate shall, subject to the exclusions specified in paragraph (1), be the rate of the pension which would have been payable under pensions legislation in force immediately prior to the provisions under which the pension was awarded, if that legislation had remained in force and if the person entitled to the pension had not exercised any option to commute part of that pension to a gratuity.
(4) In the case of any pension—
(a) in respect of service under the Government of Ghana which has been calculated under the Ghana Pensions Ordinance as amended by the Ghana Pensions and Social Security (Amendment) Decree 1975; or
(b) in respect of service under the Government of Uganda which has been calculated under the Uganda Pensions Act as amended by the Uganda Pensions (Amendment) Regulations 1976—
the increasable rate shall be the rate of the pension which would have been payable under that Ordinance or that Act if it had not been so amended, subject to the exclusions specified in paragraph (1).
(5) In any case where—
(a) the person entitled to the pension has been in receipt of the pension in respect of his service under a Government or authority;
(b) that person renders further service to any other Government or authority which is reckonable as public service for the purposes of the provisions under which the pension is payable; and
(c) in consequence of such further service the pension falls to be reduced to the maximum payable under those provisions when account is taken of any pension payable in respect of the further service—
the increasable rate shall, subject to the exclusions specified in paragraph (1) and to paragraph (2), be the amount of pension which would have been awarded if the pension had not been reduced in consequence of further service.
(6) In the case of a pension awarded under the Overseas Superannuation Scheme to, or to a dependant of, a person—
(a) who was a special contributor to that Scheme as provided in regulation 21 of the Overseas Superannuation Scheme (Consolidation) Regulations 1963; and
(b) who has ceased to contribute to and who has, or whose dependant has, become eligible for benefit under the superannuation scheme operated under the Federated Superannuation System for Universities or such other scheme of a like nature as may have been approved under the provisions of paragraph (1) of that regulation—
the increasable rate, subject to the exclusions in paragraph (1) and to paragraph (2), shall be the amount of pension which would have been awarded if the pensionable emoluments taken into account had not been reduced in accordance with the Overseas Superannuation Scheme.

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Source: https://www.legislation.gov.uk/uksi/1995/238/regulation/6 (the official version)
Page: https://openlegislation.uk/overseas-service-pensions-supplement-regulations-1995/regulation-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.