Schedule 3 PROVISIONS REVOKED

Trustee savings banks

Article 5 of the Trustee Savings Banks (Pensions) Order 1955^f1.

The Trustee Savings Banks (Increase of Pensions) Order 1956^f2.

The Trustee Savings Banks (Increase of Pensions) Order 1959^f3.

The Trustee Savings Banks (Increase of Pensions) Order 1963^f4.

Metropolitan civil staffs

The Metropolitan Police Staffs (Increase of Superannuation Allowances) Order 1956^f5.

The Metropolitan Police Staffs (Increase of Superannuation Allowances) Order 1960^f6.

The Metropolitan Police Staffs (Increase of Superannuation Allowances) Order 1963^f7.

The Metropolitan Police Staffs (Increase of Superannuation Allowances) Order 1966^f8.

NOTE:—

In the case of earnings-related pensions beginning on or after 1st April 1947, but with an averaging period beginning before 1st April 1946, there is to be added to the 1971 rate as given by heads 2 to 6 of this Table the adjusted 1944 element, if any, to be derived from Table V.

In these cases, the right-hand division of the Table does not apply; and (the 1944 element being variable) alternatives are not given. With the maximum 1944 element (taken on the basis of a continuous averaging period of 40 years), the entry in head 1 would apply also in head 2 for years up to 1947, the figures given above would be increased for 1948 by about £350, for 1949 by about £450 and for 1950 by about £600 and the 1969 standard becomes not relevant in 1951.

In the cases given below the 1971 rate is to be used, and the 1969 standard is not relevant; in all other cases in this Table, the 1969 standard is to be used and the 1971 rate is not relevant.

NOTES:—

Except in relation to pensions mentioned in Article 5(6) of this Order, symbol q represents the fraction that results from dividing by the total number of half-years in the averaging period the number of them ending on or before 31st December 1947; the symbol Q represents the number obtained by dividing by ten times the total number of half-years in the period the sum of ten times that number and the number ending on or before 31st December 1947 (or is $\text{1+q/10}$). Any incomplete half-year at the end of the period is to be disregarded. In the application of head 5 or any later head of this Table to a pension mentioned in Article 5(6) of this Order (and beginning on or after 2nd July 1949), the symbols Q and q have a corresponding meaning, but 1st July 1949 is to be substituted for 31st December 1947.

The 1971 rate with supplement cannot be given in this Table; the amount of the supplement is £27·376 or, if the 1971 rate is less than £124.44, then eleven-fiftieths of the 1971 rate.

The right-hand division of this Table assumes, for the higher figures, a continuous averaging period not longer than forty years. It does not apply to pensions based on average emoluments of less than £1,500, or to a pension mentioned in Article 5(6) of this Order.

NOTES:—

This part of the Table gives the 1971 rate for the classes of pension described below, by applying the multiplier not to the basic rate but to the adjusted rate specified for each class of pension.

The supplement is of the amount given in column 3, unless the 1971 rate is less than the amount given in the first division of column 4: it is then obtained by multiplying the 1971 rate by the factor given in the second division of that column. As to the choice of 1969 standard or 1971 rate, see the next division of the Table.

Relevant rate of pension

1. (a)

   For flat-rate pensions within the 1944 Act (which became payable on or before 31st December 1965), the rate to be used is the basic rate with the addition of the 1944 element to be derived from Table V: see note 1 to that Table (or, in a case of apportionment, note 5).

2. (b)

   For earnings-related pensions within the 1944 Act (based on average emoluments and with an averaging period beginning before 1st April 1946), the rate to be used is the basic rate with the addition both—

   1. (i)

      of the adjusted 1944 element to be derived from Table V: see note 3 to that Table (or, in a case of apportionment, note 4); and

   2. (ii)

      of the amount given by paragraph (c) or (d) below.

3. (c)

   For any earnings-related pension based on average emoluments of £1,500 or over and with an averaging period beginning on or before 1st January 1947, the rate to be used is the basic rate with the addition (further to the addition, if any, under paragraph (b) above) of the appropriate fraction of that rate or, if the rate is more than £1,000, of the appropriate fraction of £1,000; the appropriate fraction for this paragraph is one-tenth of the figure that results from dividing by the total number of half-years in the averaging period the number of them ending on or before 31st December 1947 (any incomplete half-year at the end of the period being disregarded). In relation to pensions mentioned in Article 5(6) of this Order, this paragraph applies with the substitution for 1st January 1947 and for 31st December 1947 of 2nd July 1948 and of 1st July 1949.

4. (d)

   For any earnings-related pension based on average emoluments of less than £1,500 and with an averaging period beginning on or before 1st April 1951, the rate to be used is the basic rate with the addition (further to the addition, if any, under paragraph (b) above) either of the appropriate fraction of the basic rate or, if it is less, of the amount that would raise the basic rate—

   1. (i)

      where the averaging period began on or before 1st January 1947, to the basic rate appropriate to a pension based on emoluments of £1,500 plus the addition that would be made to it under paragraph (c) above; or

   2. (ii)

      where the averaging period began after 1st January 1947, to the basic rate appropriate to a pension based on emoluments of £1,500;

   the appropriate fraction for this paragraph is one-tenth of the figure that results from dividing by the total number of half-years in the averaging period the number of them ending on or before 31st March 1952 (any incomplete half-year at the end of the period being disregarded). In relation to pensions mentioned in Article 5(6) of this Order, this paragraph applies with the substitution for 1st January 1947 of 2nd July 1948.

(2) Choice of 1969 standard or 1971 rate

Except for pensions beginning at the periods mentioned below in the central panel, 1971 rate is to be used, and the 1969 standard is not relevant. For earnings-related pensions the upper limits here given assume an averaging period of 40 years or less. Where the restriction in paragraph (d)(i) or (ii) above operates, this division of the Table does not apply (but for pensions not within the 1944 Act Table IA and IIA applied tox the basic rate appropriate to emoluments of £1,500 will give the 1971 rate with or without supplement, and the choice between that rate and the 1969 standard).

NOTES:—

This part of the Table gives (so far as relevant) the 1971 rate for the same classes of pension as the first part. No supplement is payable on pensions beginning after 1st April 1961; and (assuming for earnings-related pensions a continuous averaging period of 40 years of less) the 1969 standard will be higher than the 1971 rate for any pension not within the 1944 Act.

The rate of pension to be used in finding the 1971 rate is not the basic rate, but the rate given in paragraphs (a) to (d) under the heading “Relevant rate of pension” in the notes to the first division of the Table: where the restriction in paragraph (d)(i) or (ii) operates, the right-hand division here does not apply.

Notes

1. The 1944 element for any pension, when it is to be ascertained in accordance with this Table, is to be obtained by applying the Table to the basic rate of the pension or, where the basic rate of an earnings-related pension includes a war increase, to the basic rate less the war increase (referred to in this Table as “the pre-war rate”); but, where an adjusted 1944 element is required, the amount so arrived at is to be dealt with in accordance with such of the following notes as is applicable.

A. War increases for earnings-related pensions (effect on head 1 of Table I, II or III)

2.—(1) Where head 1 of Table I, II or III would, in accordance with Article 5 of this order, be used to find the 1971 rate of an earnings-related pension, but the basic rate includes a war increase equal to or greater than the 1944 element ascertained in accordance with note 1 above, then the Table applies as if head 1 were omitted.

(2) Where head 1 of Table I, II or III is to be used to find the 1971 rate of an earnings-related pension, and the basic rate includes a war increase less than the 1944 element ascertained in accordance with note 1 above, then the 1971 rate is to be obtained—

1. (a)

   by applying that head to the pre-war rate instead of the basic rate; and

2. (b)

   by adding to the resulting figure an amount equal to 0·1717 times the war increase.

In a case within this paragraph the 1971 rate with supplement is not to be taken from head 1 of Table I or II if the pre-war rate is less than £36·32, but is to be obtained by adding to the 1971 rate the amount given by Table VII (namely, £27·376 or, if the 1971 rate is less than £124·44, then eleven-fiftieths of the 1971 rate).

B. Adjusted 1944 element for earnings-related pensions with averaging period partly before 1st April 1946

3.—(1) In the case of an earnings-related pension beginning on or after 1st April 1947 and based on average emoluments with an averaging period that begins but does not end before 1st April 1946, the adjusted 1944 element required to find the 1971 rate by using Table I, III or IIIA and IVA is to be obtained as follows, unless note 5 applies:—

1. (a)

   the 1944 element is to be ascertained in accordance with note 1 above, except that the Table is to be applied to the 1946 basic rate, reduced by any war increase included in it, if that rate as so reduced is less than £200;

2. (b)

   if the amount so obtained for the 1944 element is less than a war increase included in the 1946 basic rate, the adjusted 1944 element is nil, but otherwise the amount so obtained less the amount of any war increase so included shall be reduced in accordance with paragraph (2) below;

3. (c)

   the adjusted 1944 element—

   1. (i)

      where it is to be added to a rate obtained by using Table I or III is 1·7170 times the reduced amount obtained under paragraph (2), with any addition which is to be made under paragraph (3) below;

   2. (ii)

      where it is to be added to the basic rate in order to obtain the 1971 rate from Table IIIA and IVA is that reduced amount.

(2) The amount mentioned in paragraph (1)(b) above is to be reduced by multiplying it by the fraction that results from dividing by the total number of years in the averaging period the number of them beginning before 1st April 1946 (any incomplete year at the end of the period being disregarded).

(3) Where the adjusted 1944 element obtained under this note is to be dealt with as mentioned in paragraph (1)(c)(i) above, and the basic rate to which Table I or III is being applied is less than the £78, £63, £48, £33 or £18 mentioned in the first column in the relevant head of the Table, an amount equal to 0·5723 times the difference or, if less, to 0·5723 times the reduced amount given by paragraph (1)(b) above shall be added to the adjusted 1944 element as given by paragraph (1)(c).

(4) The 1946 basic rate of a pension is that at which the pension could have been granted if based on the average rate of emoluments for the years of the averaging period beginning before 1st April 1946.

C. Adjusted 1944 element in cases of apportionment

4.—(1) Where the adjusted 1944 element of a pension is required in order to find the 1971 rate in accordance with Article 7(1) of this order, then subject to paragraphs (2) and (3) below it is to be found as follows:—

1. (a)

   there shall be found in accordance with note 1 above the amount of the 1944 element for a pension of a basic rate (not containing any war increase) equal to the sum of the basic rates of the aggregable pensions;

2. (b)

   the amount so arrived at shall be apportioned between the aggregable pensions in proportion to their basic rates;

3. (c)

   the adjusted 1944 element for the pension in question—

   1. (i)

      if it is an earnings-related pension and the basic rate contains a war increase equal to or greater than the amount apportioned to the pension, is nil;

   2. (ii)

      if it is an earnings-related pension and the basic rate contains a war increase less than the amount apportioned to the pension, is 1·7170 times the difference between that amount and the war increase;

   3. (iii)

      otherwise is 1·7170 times the amount apportioned to the pension.

(2) If the pension in question or another aggregable pension is one described in note 3(1) above, then in relation to it references in paragraph (1)above to the basic rate are references to the 1946 basic rate (as defined in note 3(4); and if the pension in question is one so described, the amount arrived at under paragraph (1)(c)(ii) or (iii) shall be reduced in accordance with paragraph (2) of note 3.

(3) The pensions aggregable for this purpose are limited to those aggregable under Article 7(4), and there shall be disregarded any pension relevant by virtue only of Article 7(3)(b).

5. Where Table IIIA and IVA is to be used to obtain the 1971 rate of a pension, and the multiplier is to be applied to the basic rate increased by a 1944 element, then if the pensioner is, or would for purposes of Article 7 of this order be treated as being, in receipt also of another pension which for purposes of Article 7 is aggregable under Article 7(4), note 4 above shall apply as it applies where the adjusted 1944 element is required in order to find the 1971 rate in accordance with Article 7(1), except that the adjusted 1944 element under note 4(1)(c)(ii) or (iii) shall be the actual difference between the amount apportioned to the pension and the war increase or the actual amount apportioned to the pension, as the case may be, instead of 1·7170 times that difference or amount.

Notes

1.—(1) This Table gives the amount of the 1952 element for the purpose of apportioning increases under Article 7 of this order.

(2) Column 2 gives the full amount of the 1952 element for pensions beginning at the time stated in column 1, unless the relevant rate of pension is less than the figure given in column 3 of this Table; if it is less, the full amount of the 1952 element is obtained by multiplying the relevant rate by the figure 0·5723.

2.—(1) On an apportionment under Article 7 the 1952 element is to be reduced if, but only if, the full amounts of the 1952 elements that would be included in the aggregable pensions together exceed the sum given in column 2 of this Table for the period when they begin (or if they do not all begin in the same period, the earlier or earliest of the periods when any of them begins).

(2) On an apportionment under Article 7(1), if no reduction is to be made in the 1952 element that may be included in the pension in accordance with note 1 above, the full amount that may be so included shall be treated as the adjusted amount; but if a reduction is to be made, the adjusted amount is to be obtained by apportioning between the aggregable pensions the sum given in column 2 of this Table for the period mentioned in sub-paragraph (1) above, the apportionment being made according to the full amounts of the 1952 element which would be included in each pension if there were no reduction.

(3) Where the 1952 element is to be reduced on an apportionment under Article 7(2), the 1971 rate as obtained by use of Table I, II, III or IV shall be reduced by deducting from the aggregate amount of the 1952 elements that would be included in the aggregable pensions if there were no reduction the sum given in column 2 of this Table for the period mentioned in sub-paragraph (1) above, and reducing the rate by a proportionate part of the resulting figure, the apportionment being made on the same basis as under sub-paragraph (2) above.

3.—(1) In determining the adjusted 1952 element for any pension there shall be disregarded a pension relevant only by virtue of Article 7(3)(c) of this order.

(2) In these notes “relevant rate” means in relation to any pension, the basic rate increased by the appropriate 1944 element, if any; and the appropriate 1944 element for this purpose is—

1. (a)

   on an apportionment under Article 7(1), the adjusted 1944 element obtained under note 4 to Table V, before multiplication by any factor of 1·7170; and

2. (b)

   on an apportionment under Article 7(2), is the 1944 element as given by note 1 to that Table reduced by the amount of any war increase or, for a pension described in note 3 to that Table, the reduced amount obtained under paragraph (2) of that note.

(3) Where any of the aggregable pensions is not one to which this order applies these notes shall have effect in relation to it with the necessary adaptations of the expressions used as if it were such a pension.

Notes

1. Except for cases within note 2 below, column 2 of this Table gives the amount of the supplement for pensions beginning at the time stated in column 1, unless the 1971 rate is less than the figure given in the first division of column 3; if it is less, the amount of the supplement is obtained by multiplying the 1971 rate by the figure given in the second division of column 3.

2.—(1) If—

1. (a)

   the pensioner is, or is to be treated for purposes of Article 9(2) of this order as being, in receipt of another aggregable pension; and

2. (b)

   the supplements that would be payable on the pensions if note 1 applied together exceed the sum given in column 2 of this Table for the period when they begin (or if they do not all begin in the same period, the earlier or earliest of the periods when any of them begins);

then the amount of the supplement is to be obtained by apportioning between those pensions the sum given in column 3 of the Table for that period, the apportionment being made according to the amounts of the supplements that would be payable if note 1 applied.

(2) The 1971 rate with supplement included (as given in any of the other Tables) may be adjusted to give effect to sub-paragraph (1) above by deducting from the aggregate amount of the supplements that would be payable on the pensions if note 1 applied the sum to be apportioned under sub-paragraph (1), and reducing the rate by a proportionate part of the resulting figure, the apportionment being made on the same basis as under sub-paragraph (1).

(3) Where any of the aggregable pensions is not one to which this order applies, this note shall have effect in relation to it with the necessary adaptations of the expressions used as if it were such a pension.