EXPLANATORY NOTE
The former Governors' Pensions Act amended the Superannuation Acts in respect of civil servants who became Governors and of Governors who became civil servants. Since the Overseas Pensions Act 1973, the Minister for Overseas Development has tacked such a power to amend a scheme made under Section 1 of the Superannuation Act 1972, so that he may only pay pensions to Governors under the new scheme which cannot be charged to the Superannuation Vote. Similarly, the Minister for the Civil Service possesses the power to pay Civil Service pensions, but not to amend a scheme under Section 2 of the Overseas Pensions Act. In view of the fact that Articles 3.10 and 3.12 of the Governors' Pension Scheme 1978 provide for pensions on total service, it is essential that the PCSPS should possess & corresponding provisions. In this way the respnsibility for the whole cost of such a pension will fall upon the Minister responsible for the last period of service.
Rule 12.1 provides a definition of a Governor and the Governors Pensions Scheme for the purposes of the Section.
Rule 12.2
applies the abatement provisions of rule 3.26 to service as rule 12.3 allows for a deferred pension under the PCSPS to be paid concurrently with his Governor's pension even though he may have reached the retiring age under the PCSPS.
Rule 12.4 provides that a Governor who is eligible for a pension or deferred pension under the Governors Pensions Scheme and who enters the Civil Service within 12 months of the end of his Governors service, may elect to be pensioned instead under the PCSPS as if his Governor's service had been service in the Civil Service.
Rule 12.5 provides that where a Governor to whom rule 12.4 applies had previous civil service for the purpose of a pension under rule 12.4 the pensionable salary under the PCSPS for his period of service as a Governor shall be whichever is higher of his Governor's salary or the salary he would have received during that period if he had remained in the Civil Service post he was in immediately before becoming a Governor.
Rule 12.6 allows for Governor service to be added to the civil service for the purposes of pension calculation, even where that Governor service would have been insufficient to qualify for a pension under the Governors' Pension Scheme.
Rule 12.7 provides that where a Governor opts for a pension under rule 3.12 of the Governors' Pension Scheme on the aggregate of civil service and Governors' service any benefits which were due to him under the PCSPS will be cancelled.
Rule 12.8 provide that, where a former Governor is employed in the Civil Service the qualifying period for his retirement benefits under the PCSPS will be waived