17-AUG-1992
13:15
PAUL FIFOOT
0372723755
P.03/03
But
an Overseas Service Scheme Agreement, and who is certified by the Secretary of state with the consent of the Minister for the Civil service as having been an overseas officer in relation to the relevant territory The second paragraph of Mr Russell Banks letter of 10th[?] August to Mr Waters sets out a number of qualifications for eligibility for SPOS in addition those listed in subparagraphs (a), (b), (c) and (d) above. I assume that these criteria are those applied to determine whether to issue the certificate that the individual is an overseas officer (but the point should be checked). It should be noted, however, that eligibility for SPOS is not confined to members of HMOCS who satisfy the additional conditions, but would appear to extend to those other officers to whom, some at least, of the POAs apply if they satisfy the additional conditions.
6. The conclusion to be drawn from this is that, in making provision for pensioners, HMG has not confined itself to overseas officers who are members of HMOCS, but has made provision for at least one further category of overseas officers who satisfy certain recruitment qualifications. There may be additional qualifications such as not being a national of the overseas territory or not being a "local officer", or that the place of payment is outside the country concerned, but these would appear to apply both to HMOCS officers and to those who satisfy the recruitment qualifications. There is no ground for 'standing firm' on
HMOCS as regards SPOS.
7. To return to the question which revived this issue, the application of Mr Justice Fuad and Mr Justice Kempster for membership of HMOCS. If you decide that, notwithstanding the considerations in paragraph 4 of my minute of 15th July (and, if you ignore them, do you not weaken the arguement with the Treasury for compensation ), the two judges should be admited to HMOCS in order to make them eligible for whatever we may do in the future about pensions, you do not solve the problem. There are apparently a number of others who may satisfy the recruitment qualifications and perhaps other conditions which might make them eligible for SPOS and might make them eligible for a sterling safeguards scheme if it were to adopt the POA and Overseas Pensions Act criteria. It is open to members of the Judiciary to opt for pensionable terms at any time up to 30th June 1997 (and after), notwithstanding we will close the HMOCS gate on 30th September 1992. In seeking inclusion in a sterling safeguards scheme, they may well invoke the precedents examined in this minute. As an alternative to seeking to confine possible pensions benefits to members of HMOCS, should we not be examining the "overseas officer" qualifications. Something on the lines of the SPOS approach as indicated in Mr Banks letter to Mr Waters/may be more defensible having regard to the precedents.
CAN we kepp them out?
Not answered (I think)
M.
PAUL FIFOOT 17th August 1992
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