CONFIDENTIAL

107.

11

OVERSEAS PENSIONS

DEFINITION OF FIELD OF FINANCIAL RESPONSIBILITY BY HMG

1. HMG accepts financial responsibility for the "pre-independence" portion of any pension described in the Appendix which is payable either by the Government of any overseas territory or in accordance with an enactment, scheme or other instrument specified and approved by the Minister of Overseas Development to or in respect of a person who is certified by the Minister of Overseas Development, with the consent of the Civil Service Department, as having been an expatriate officer in relation to any overseas territory in or for which any services giving rise to the pension were rendered.

2+

"Overseas territory" means any territory or country outside the United Kingdom. "Government of an overseas territory" includes a Government constituted for two or more overseas territories and any authority established for the purpose of providing or administering services which are common to, or relate to matters of common interest to, two or more overseas territories.

3.

The rules of certification as an expatriate officer are:-

i. in the case of overseas territories other than India, Pakistan,

Burma, Egypt and the Sudan, the person shall have been covered by the Public Officers Agreement concluded between HMG and the overseas territory or, if no such Agreement has yet been concluded, the person is in the opinion of the Minister a person who would have been covered by such Agreement if it had been concluded:

Provided that in respect of any pension the person shall not be certified as an expatriate if he is a citizen of the overseas territory in or for which his services giving rise to such pension were rendered and that, where the person has already been certified subsequently becomes a citizen of the overseas territory aforesaid the certification shall be revoked as from the day on which he became such a citizen.

ii. in the case of India, a pensioner to whom paragraph 7 of

Schedule No 1 to the Pensions (India) Order 1958 may apply;

iii. in the case of Pakistan and Burma, to a person not being a citizen

of Pakistan or Burma respectively whose pension would in the opinion of the Minister have been transferred to HMG if arrangements had been concluded between HMG and the Governments of Pakistan and Burma corresponding to the arrangements embodied in the letters set out in the First Schedule to the Pensions (India, Pakistan and Burma) Act, 1955, as extended by the arrangements set out in the Schedules to the Pensions (India) Order 1958;

iv. in the case of the Sudan, the person shall have entered the service of the Government of the Sudan in a pensionable capacity before 17 July 1954, was a British subject on 1 January 1963 and was not resident in the Sudan or in Egypt at the time of his appointment.

CONFIDENTIAL

Share This Page