CONFIDENTIAL
OVERSEAS PENSIONS
FIELD OF HMG'S PROPOSED RESPONSIBILITY
172
108
NATURE OF OVERSEAS SERVICE
1. Expatriates have been employed overseas not only in the overseas countries' civil services but also in the quasi-governmental civilian fields of local government, education (schools and universities), national industries and other statutory bodies. In addition, expatriates have been employed in a substantive pensionable capacity in
This paper the oversea military services otherwise than on loan from HM Forces. relates only to the civilian expatriates; the military service employees the Indian Army who are already paid by HMG are small in number and can be dealt with separately.
k
apart from
2. The fundamental principle on which HMG's responsibility towards expatriates whether on pensions or other aspects of their conditions has rested is that the British
This Government only accepts obligation to those employed in "Crown" service. principle has excluded the quasi-governmental staff from the safeguards of the Public Officers Agreements made between HMG and the oversea governments at independence and from the benefit of British pensions supplements payable to overseas pensioners under the Pensions Increase Acts. This absence of direct responsibility for the quasi- governmental field is also a tenet of HMG's policy in the UK public sector.
3. The exclusion of the quasi-governmental officers is vehemently opposed by the Overseas Service Pensioners Association and the opposition has support both in
HMG'B Parliament and the Press they are currently tagged as the "Forgotten Men". defence has nevertheless been consistent and firm and the "Crown service" principle has proved itself to be impregnable.
-
a former 40
Although representations would be resumed and become even more vocal
there is no Town Clerk, Lagos Town Council is a member of OSPA's Executive Council alternative to continuing the established principle and to omitting the quasi-government expatriates from the field of HMG responsibility.
5. If it is accepted that the quasi-governmental service is not to be embraced it will be necessary to adopt a device similar to that used to determine eligibility for pension supplements whereby it is necessary to satisfy a dual qualification of being in receipt of an acceptable pension and being an approved overseas officer.
"OVERSEAS OFFICER"
6. Disregarding pensioners of India, Pakistan, Burma, Egypt and Sudan, who could if necessary be specified by using existing definitions in the 1955 Pensions (India, Pakistan and Burma) Act and the Pensions Increase Act, 1962, reduces the problem to one of defining the overseas colonial pensioner for whom the British Government is obliged to accept a responsibility.
7. In the colonial field HMG has incurred a special obligation towards those who i. were members of the Colonial Unified Services or its successor HMOCS, ii. were designated under the Overseas Service Aid Scheme, iii. are covered by Public Officers Agreements or iv. are certifiable as "overseas officers" for British pension supplement purposes. The criteria for entry to these categories are detailed at Annex 1 to 4
espectively.
1
CONFIDENTIAL
: