XV. The several sections mentioned in the schedule hereto of the several acts of Parliament, also therein mentioned, shall be construed as if this act, instead of the said act of the fourth and fifth years of the reign of King William the Fourth, had been referred to in the said sections; and such other enactments as refer to the scale of superannuation allowance established by the provisions hereby repealed of the said act of King William the Fourth shall be construed as if the scale established by this act had been referred to. XVI. All superannuations, compensations, gratuities, and other allowances granted or hereafter under this act to be granted shall be paid to the persons entitled to receive the same without any abatement or deduction in respect of any taxes or duties whatever at present existing, except the tax upon property or income. XVII. For the purposes of this act, no person hereafter to be appointed shall be deemed to have served in the permanent civil service of the State unless such person holds his appointment directly from the Crown, or has been admitted into the civil service with a certificate from the civil service commissioners; nor shall any person, already appointed to any office, be held to have served in the permanent civil service as aforesaid, unless such person belong to a class which is already entitled to superannuation allowance, or to a class in which, if he had been appointed thereto subsequently to the passing of this act, he would, as holding his appointment directly from the Crown, or as having been admitted into the civil service with such certificate as aforesaid, have become entitled to such allowance; and no person shall be entitled to any superannuation allowance under this act, unless his salary or remuneration has been provided out of the consolidated fund of the United Kingdom of Great Britain and Ireland, or out of monies voted by Parliament. XVIII. So much of the said act of the fourth and fifth years of King William the Fourth, chapter twenty-four, as is now in force and not hereby repealed, and this act, shall be construed together as one act. XIX. It shall be sufficient, in citing this act, to use the expression "The superannuation act, 1859." AN ACT To amend the superannuation acts, 1834 and 1859, and for other purposes. [16th September 1887] Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. (1) Where a person employed in the civil service of the state is injured— (a) in the actual discharge of his duty; and (b) without his own default; and (e) by some injury specifically attributable to the nature of his duty, the treasury may grant to him, or, if he dies from the injury, to his widow, his mother, if wholly dependent on him at the time of his death, and to his children, or to any of them, such gratuity or annual allowance as the treasury may consider reasonable, and as may be permitted by the terms of a warrant under this section. (2) The treasury shall forthwith after the passing of this act frame a warrant regulating the grant of gratuities and annual allowances under this section, and the warrant so framed shall be laid before Parliament. (3) Provided, That a gratuity under this section shall not exceed one year's salary of the person injured, and an allowance under this section shall not, together with any superannuation allowance to which he is otherwise entitled, exceed the salary of the person injured, or three hundred pounds a year, whichever is less. 2. (1) Where a civil servant is removed from his office on the ground of his inability to discharge efficiently the duties of his office, and a superannuation allowance can not lawfully be granted to him under the superannuation acts, 1834 and 1859, and the treasury think that the special circumstances of the case justify the grant to him of a retiring allowance, they may grant to him such retiring allowance as they think just and proper, but in no case exceeding the amount for which his length of service would qualify him under sections two and four of the superannuation act, 1859, without any addition under section seven of that act. (2) A minute of the treasury granting an allowance under this section to any civil servant shall set forth the amount of the allowance granted to him, and the reasons for such allowance, and shall be laid before Parliament: Provided, That the treasury before making the grant shall consider any representation which the civil servant removed may have submitted to them. 3. Where a person at the time he becomes a civil servant within the meaning of this act is serving the state in a temporary capacity, the treasury may, if in their opinion any special circumstances of the case warrant such a course, direct that his service in that capacity may be reckoned for the purposes of the superannuation acts, 1834 and 1859, and this act, as service in the capacity of a civil servant, and it shall be so reckoned accordingly. 4. If a person employed in any public department in a capacity in respect of which a superannuation allowance can not be granted under the superannuation act, 1859, retires, or is removed from his employment, and (a) the employment is one to which he was required to devote his whole time, and (b) the remuneration for the employment was paid entirely out of moneys provided by Parliament, and (c) he has served in the employment for not less than seven years, if he is removed in consequence of the abolition of his employment, or for the purpose of facilitating improvements in the organisation of the department by which economy can be effected, or for not less than fifteen years if his retirement is caused from infirmity of mind or body, permanently incapacitating him from the duties of his employment, the treasury may, if they think fit, grant to him a compassionate gratuity not exceeding one pound or one week's pay, whichever is the greater, for each year of his service in his employment. 5. A person shall not be entitled to reckon the same period of time both for the purpose of a superannuation allowance under the superannuation acts, 1834 and 1859, and this act, and also for the purpose of naval or military noneffective pay. 6. (1) The treasury may, within one month after the passing of this act, frame rules as to the conditions on which any civil employment of profit under any public department as defined by this act, or any employment of profit under the government of any British possession, or any employment under the government of any foreign state may be accepted or held by any persons who is in receipt of or has received any sum granted by Parliament for the pay, half-pay, or retired pay of officers of Her Majesty's naval or land forces, or otherwise for payment for past service in either of such forces, or who has commuted the right to receive the same, and as to the effect of such acceptance or holding on the said pay or sum, and the treasury may in such rules provide for the enforcement thereof by the forfeiture, suspension, or reduction of any such pay or sum as aforesaid, or of any commutation money or remuneration for such employment. (2) Such rules shall also provide for the returns to be laid before Parliament of such officers accepting employment as are affected by the rules, and shall come into operation at the date of the passing of this act. (3) The rules shall be laid before both houses of Parliament forthwith. (4) For the purposes of this section "British possession" means any part of Her Majesty's dominions out of the United Kingdom, and this section shall apply to Cyprus as if it were a British possession. 7. (1) Where any sum in respect of pay, pension, superannuation, or other allowance or annuity is due in respect either of service as a civil servant, or of military or naval service, to a person who is a lunatic, whether so found by inquisition or not, such sum may be from time to time applied for his benefit by the prescribed public department in such manner as the department think expedient. (2) Where any annuity, whether pension, superannuation, or other allowance, is payable out of moneys provided by Parliament to a person in respect either of service as a civil servant or of military or naval service, and such person is or becomes a lunatic toward whose maintenance a contribution is made out of money provided by Parliament, then as long as the contribution is made his annuity shall be reduced by an amount equal to that contribution, and if the amount of the contribution exceeds the amount of the annuity, the annuity shall cease to be payable. 8. On the death of a person to whom any sum not exceeding one hundred pounds is due from a public department in respect of any civil pay, superannuation, or other allowance, annuity or gratuity, then, if the prescribed public department so direct, but subject to the regulations (if any) made by the treasury, probate or other proof of the title of the personal representative of the deceased person may be dispensed with, and the said sum may be paid or distributed to or among the persons appearing to the public department to be beneficially entitled to the personal estate of the deceased person, or to or among any one or more of those persons, or in case of the illegitimacy of the deceased person or his children, to or among such persons as the department may think fit, and the department shall be discharged from all liability in respect of any such payment or distribution. 9. The decision of the treasury on any question which arises as to the application of any section of this act to any person, or as to the amount of any allowance or gratuity under this act, or as to the reckoning of any service for such allowance or gratuity, shall be final. 10. Nothing in this act shall be construed so as in any way to interfere with the rights existing at the passing of this act of any civil servant then holding office. 11. Every warrant and minute under this act which is required to be laid before Parliament shall be laid before both houses of Parliament in manner provided by section thirteen of the superannuation act, 1859. 12. In this act, unless the context otherwise requires The expression "civil servant" means a person who has served in an established capacity in the permanent civil service of the state within the meaning of section seventeen of the superannuation act, 1859; The expression "treasury" means the commissioners of Her Majesty's treasury; The expression "public department means the treasury, the commissioners for executing the office of Lord High Admiral, and any of Her Majesty's principal secretaries of state, and any other public department of the government; and the expression "prescribed public department" means, as respects any matter, the department prescribed for the purpose of that matter by the treasury. 13. The act of the session of the fourth and fifth years of the reign of King William the Fourth, chapter twenty-four, intituled "An act to alter, amend, and consolidate the laws for regulating the pensions, compensations, and allowances to be made to persons in respect of their having held civil offices in His Majesty's service," is in this act referred to and may be cited as the superannuation act, 1834, and that act and the superannuation act, 1859, are together in this act referred to as the superannuation acts, 1834 and 1859. The said acts and this act may be cited together as the superannuation acts, 1834 to 1887, and this act may be cited separately as the superannuation act, 1887. 14. The acts set forth in the schedule to this act are hereby repealed to the extent in the third column of that schedule mentioned as from the passing of this act, without prejudice to anything previously done or suffered in pursuance of the enactments hereby repealed. Schedule. ACTS REPEALED. Session and chapter. Title or short title. Extent of repeal. 4 & 5 Will. 4 c. 24.... An act to alter, amend, and consolidate Section sixteen. the laws for regulating pensions, com- 6 & 7 Will. 4 c. 13.... An act to consolidate the laws relating 7 Will. 4 & 1 Vict. c. 25. 2 & 3 Vict. c. 47..... 2 & 3 Vict. c. 93..... 22 Vict. c. 26... to the constabulary force in Ireland. An act to make more effectual provisions relating to the police in the district of Dublin metropolis. Section thirty. Section nineteen. An act for further improving the police Section nineteen. An act for the establishment of county The superannuation act, 1859.... Section eleven. Section five. seven. twenty 31 & 32 Vict. c. 90... An act to empower certain public departments to pay otherwise than to executors or administrators small sums due on account of pay or allowances to persons deceased. 33 & 34 Vict. c. 96... An act to apply a sum out of the con solidated fund to the service of the 35 & 36 Vict. c. 12... The superannuation act, 1872.. APPENDIX IV. Extent of repeal. The whole act. Subsections four, five, and six of section six. The whole act. WARRANT REGULATING THE GRANT OF GRATUITIES AND ALLOWANCES UNDER SECTION 1 OF THE SUPERANNUATION ACT, 1887. In conformity with the provisions of the 1st section of the superannuation act, 1887, we, being two of the lords commissioners of Her Majesty's treasury, do hereby direct that any award of a gratuity or annual allowance made under the said section shall be subject to the following conditions, viz: The award shall be calculated upon one or other of the following scales, which shall respectively apply to I. Established officers of prisons or criminal lunatic asylums injured by the violence of a prisoner or lunatic; or established officers of a manufacturing department of the war office or Admiralty, in which the duties are exceptionally dangerous. II. All civil servants not falling under the above description, and also all hired person employed in a manufacturing department of the war office or Admiralty in which the duties are exceptionally dangerous. III. All other hired persons employed in a public department. SCALES I AND II. To the retired allowance for which the injured man would be qualified by length of service, shall be added an allowance not exceeding the under-mentioned portion of his salary and emoluments at the date of the injury, viz: When his capacity to contribute to his support is Provided that no award on Scale I shall, together with any retired allowance for which the injured man would be qualified by length of service, exceed the amount of his salary and emoluments at the date of the injury, or £300 a year, whichever is less; and that no award on Scale II shall, together with any retired allowance for which he would be qualified by length of service, exceed fifty-sixtieths of his salary and emoluments at the date of the injury, or £300 a year, whichever is less. SCALE III. (a) A gratuity not exceeding the under-mentioned portion of the salary and emoluments of the injured man at the date of the injury, or £100, whichever is less, viz: When his capacity to contribute to his support is— Slightly impaired, one-third. Impaired, two-thirds. Materially impaired, the whole. (b) When his capacity to contribute to his support is totally destroyed, he shall receive an annual allowance exceediing by fifteen-sixtieths of his salary and emoluments the rate of retired allowance for which he would have been qualified by length of service if he had been a civil servant, provided that the total award shall not exceed forty-fivesixtieths of his salary and emoluments at the date of the injury, or £300 a year, whichever is less. An award under any of the above scales shall be so much less than the usual amount as the treasury shall think reasonable, in case— (a) The usual amount exceeds by not less than £100 a year the rate of retired allowance for which the length of the injured man's service would entitle him; or (b) The injured man has continued to serve for not less than one year after the injury in respect of which he retires; or (c) The injured man is 55 years of age or upwards at the date of the injury; or (d) The injury is not the sole cause of retirement, i. e., the retirement is caused partly by age or infirmity. WIDOWS AND CHILDREN OF MEN KILLED WHILE IN THE DISCharge of DUTY. An award shall be on one or other of the following scales, according as the deceased had been I. An established officer of a prison or of a criminal lunatic asylum killed by a prisoner or lunatic; or an established officer of a manufacturing department of the war office or Admiralty, of which the duties are exceptionally dangerous. II. A civil servant not falling under the above description, or a hired person employed in a manufacturing department as above. III. Any other hired person employed in a public department. SCALE I. Pension to widow, while unmarried and of good character, not exceeding tensixtieths of the husband's salary and emoluments at the date of the injury, or £15 a year, whichever is greater; and Pension to each child until he or she attains the age of 15, not exceeding one-sixth of the rate which might be granted to the widow, but the aggregate of the children's pensions not to exceed the amount which might be granted to the widow. SCALE II. Pension to widow not to exceed ten-sixtieths of the husband's salary and emoluments, or £10 a year, whichever is greater; and Gratuity to children, not exceeding £1 multiplied by the total number of their years, starting from their ages at the time of their father's death, and ending with 15 years; the total gratuity not to be less than £10 or more than £50. SCALE III. Pension to the widow not exceeding eight-sixtieths of the husband's salary and emoluments, or £10, whichever is greater. Gratuity to children not exceeding 16 shillings multiplied by the total number of their years, starting from their ages at the date of their father's death and ending with 15 years; the total gratuity not to be less than £8 or more than £40. In the case of motherless children the award under any scale may be of twice the usual rate. If the service of the deceased at the date of the injury was less than five years the award under any scale shall be To the widow a gratuity not exceeding one-half of the salary and emoluments of the deceased. To each child a gratuity not exceeding one-twelfth of the salary and emoluments of the deceased; but the total gratuity to widow and children shall not exceed one year's salary and emoluments of the deceased. |