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APPENDIX.
PENSION OF SIR A. HEMMING,
Sir A. Hemming had eight years' service as a Governor preceded by 36 years in the Home Civil Service, or making 44 years in all. He was entitled to a pension at the reduced rate of £666 13s. 4d., which could be earned by 20 years' service. The Act of 1872 allows an addition to this rate where the total service is not less than 22 nor more than 24 years but not where the service amounts to or exceeds 25 years. In consequence, if that Act had been literally interpreted, Sir A. Hemming after 44 years' service would have received a pension less by £225 than if he had served only 24 years. The Treasury awarded him the same pension as if he had served only 24 years, and laid a Minute before Parliament explaining the circumstances.
PENSION OF COLONEL E. J. E-SWAYNE.
Colonel Swayne first served under the Colonial Office as Commissioner of Somaliland, drawing pay from the funds of that Protectorate up to the 12th August, 1906. While in Somaliland, he was qualifying for a pension from Indian funds, and Somaliland contributed to his Indian pension. It was decided to second him for service in British Honduras until the 10th March, 1907, when he would complete 24 years' service for pension, the arrangement being that he himself would pay the contribution to India from 13th August, 1906, to 10th March, 1907.
The question arose whether, if his service as a Colonial Governor should not last long enough to qualify him for a Governor's pension, he could be awarded so many sixtieths of his Somaliland salary for his Governor's service as if the post which he held in Somaliland was in the permanent Home or Colonial Civil Service. It was held that this could not be done until the Governor's Pension Acts had been extended to officers administering the Government of Protectorates in the position of Somaliland.
PENSION OF SIR W. ROBINSON.
Sir W. Robinson had 21 years' service in the Colonial Office when he was appointed to be a Colonial Governor, and at the time of his transfer in 1874 he had earned a pension of about £300. He subsequently administered Colonial Governments for over 18 years, and thereby became entitled to a Governor's pension at the full rate of £1,000 apart from his service in the Colonial Office.
He claimed the £1,000, reduced under Section 7 of the Act of 1865 by half the amount of his Civil Service Pension, and the Civil Service Pension in full.
This would have brought the two pensions up to about £1,150, but the Treasury refused to admit his claim to a total pension of more than £1,000 on the ground that Section 7 of the Pension (Colonial Service) Act of 1887, which forbids a grant of a pension under Section 12 of the Superannuation Act, 1859, in addition to a pension under the Colonial Governor's (Pensions) Acts, is "not merely an enactment for the future but declaratory of a past policy which would have governed the action of this Department whether that enactment had been passed or not."
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PUBLIC RECORD OFFICE
Reference :-
C.O.885
18 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
PENSION OF SIR W. MACGREGOR.
Up to end of June, 1906, Sir W. MacGregor's service as a Governor amounted to 17 years, but, as his Lagos leave and passages exceeded the allowed in the case of unhealthy climates by 9 months, he required fifteen months' more service as a Governor to make up the 18 years qualifying for the full rate of Governor's pension independent of his Civil Service. The differ- ence in pension by serving another fifteen months, by which time he would be 60, would be the addition of the amount of his Colonial pensions.
PENSION OF SIR G. CARTER.
In 1897 Sir G. Carter was compelled by ill-health to resign the Governorship of Lagos before he had completed the full term of six years. He was then 49 years of age, and the Treasury were asked to award him a pension under Section 12 of the Act of 1859 pending re- employment. Sir G. Carter had been employed for 9 years in the permanent (Colonial) Civil Service and 8 years as a Governor. The Treasury awarded him a pension of £140 per annum, being twelve-sixtieths of £700, his salary as Treasurer of the Gambia, which was the rate of salary last received by him in respect of his service in the Permanent Civil Service.
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PENSION OF GENERAL SIR R. BIDDULPII.
Sir R. Biddulph served as High Commissioner of Cyprus for 6 years and 9 months, and as Governor of Gibraltar for the same period, both these Governments being considered to be in the First Class for the purposes of the Governors' Pensions Acts. He drew, however, the full £5,000 only for 3 years and 322 days, that is to say, for 43 days short of 4 years; because after he had been nearly 3 years in Cyprus he agreed, on account of the state of the finances, to forgo £1,000 per annum, and because for part of the time in Gibraltar the depreciation of Spanish currency caused the Governor's salary to fall below the sterling value of £5,000. The Treasury agreed in the circumstances to treat the case as if he had actually served the full four years at £5,000, but the question has been raised whether the provision as to four years might be made more elastic and the class of Governor be not solely determined by the amount of emoluments actually drawn.
The second point which arose in Sir R. Biddulph's case was whether his service as Governor of Gibraltar could count for Governor's pension, seeing that the same service counted towards promotion in the Army and increased non-effective pay. The Treasury ultimately decided that it could, and Sir R. Biddulph was awarded a pension of £666 13s. 4d., reduced under Section 7 of the Act of 1865 by half the amount of his non-effective pay. Although in Section 5 of the Superannuation Act, 1887, it is provided that 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 that Act, and also for the purpose of naval or military non-effective pay, no reference is made to pensions under the Governors' Pensions Acts.
• This is a different Act from the "Pensions (Colonial Service) Act, 1887."