PUBLIC RECORD OFFICE
Reference :-
C.O.885
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
19 PUBLIC RECORD OFFICE, LONDON
+
1
Commence.
5.
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This Act shall take effect as from the first day of January one thousand eight hundred
ment of Act and ninety-one
Short title
and construc-
tion.
4 & 5 Will, +
o. 24.
6. This Act may be cited as the Superannuation Act, 1892.
This Act shall be read as one with the Superannuation Acts, 1834 to 1887, and those Acts and this Act may be cited together as the Superannuation Acts, 1834 to 1892.
I.
Rules framed under Section 1 of the Act of 1892.
No pension gratuity shall be granted under this Act in respect of any period of
service if—
(a.) A pension or gratuity has already been granted in respect of it.
(4) It has been terminated otherwise than by the direct transfer of the officer to
another public office, or by his final retirement.
II. If an officer is entitled to a professional addition of years in respect of his first office, such addition shall be included in the calculation of bis peusion on his final retirement.
III. If an officer becomes entitled to a professional addition of years in respect of any office after his first, only so much of such addition shall be included as exceeds the total number of years of his previous service.
IV. Each pension or gratuity shall be apportioned among the funds or accounts charge. able with pensions earned by service in the several public offices held by the pensioner.
V. The amount payable by each fund on account, other than the revenue of India, shall be calculated on the number of years' service in respect of which such fund or account is chargeable, and on the salary received by the officer at the date of his transfer from that service, or of his final retirement, as the case may be. Provided that, if the number of years of an officer's entire service qualify him for pension, as distinguished from gratuity, under the rules applicable to the public office from which he finally retires, then the pension shall be apportioned among the several funds and accounts chargeable, as though the period served in each had qualified for pension, as distinguished from gratuity..
VI. In the case of an officer pensionable in respect of service in public offices of which the salary of one or more was paid from the revenue of India-
(a.) The pension shall be calculated by and according to the rules of the Government
last served.
(b.) The portion of the pension or gratuity chargeable to accounts or funds other
than the Revenue of India shall be calculated according to the preceding Rules.
(c.) The portion chargeable to the revenue of India shall be such as the Secretary of State for India in Council shall in each case determine. Provided that if the portion so determined shall, together with the portion or portions chargeable to other funds or accounts be less than the full amount of pension or gratuity calculated according to Rule V.. the pensioner shall have no claim in respect of the deficiency upon any of such other funds or accounts.
Treasury Chambers, July 20, 1892.
SIR
APPENDIX B.
CIRCULAR DESPATCH OF THE SECRETARY OF STATE FOR THE COLONIES.
(Circulur.)
Downing Street, July 15, 1869.
I HAVE recently had under my consideration a question of considerable importance to the Colonial Civil Service. The efficiency of that Service is greatly affected by the ability of Her Majesty's Government to transfer a Public Officer from one Service to another, either for his own sake, when his merits have earned such a promotion, or for the sake of the public, when the vacant appointment is one which requires the special qualifications which he possesses. But it is found in practice, that these transfers are frequently embarrassed by negotiations for the purpose of determining the right which any such Officer will have to a pension on his ultimate retirement from the Public Service. The Lords of the Treasury have considered, in conjunction with my predecessors in this Department, whether such a clear understanding could not be established on this subject, as would remove this difficulty, and enable Officers to whom preferment is offered to know at once what their prospects are in this respect.
On examining the various conditions under which Colonial Superannuation Allowances may accrue. it appears to be impossible to frame any rule which, under all circumstances, will act with uniformi justice to the Public Officer, and to the successive Governments by whom he may have been employed. The following principles, however, appear to furnish a reasonable amount of guidance :—
1. It is not desirable that an Officer promoted, presumably on account of his efficiency, should be called upon to sacrifice, to any material extent, the advantages which he has already
15
earned in respect to a Retiring Pension. In fact, he will probably refuse promotion on these terms, except in consideration of a very large immediate increase of salary.
2. The Government which loses his services when their value is ascertained by experience, cannot be called upon to pay any greater amount towards his ultimate pension than that to which he would be entitled if he had retired from ill-health at the period of his promotion.
3. The Government to which he is transferred may fairly be called upon, în giving him & retiring pension, to take into account not merely the actual period of service which it has received, but also the professional training which he has previously acquired. This principle is admitted in case of legal and scientific training, and it is not less true with regard to official training.
L
4. The Imperial Rule which gives an Officer a pension based on the salary at the time of retirement, provided that he has been in the same Class for three years, otherwise on the average salary for the last three years, and amounting to one-sixtieth of that salary for every year's service, as it furnishes the usual basis of Superannuation Allowances in Crown Colonies, furnishes the only practicable basis of any general arrangement.
These considerations suggest the following general rules, which appear, as far as the nature of the case allows, to do justice to Public Officers and the Governments which have employed them :—
1. The pension of such an Officer, on his ultimate retirement from the Service of any Colony, should be calculated (if payable at all) upon the whole period of his continuous service in any civil employments under the Imperial, or under any other Colonial Government.
2. The Government from whose Service he retires, will pay him the rate of pension due to this period of service by the Law or practice of the Colony, subject to a deduction equal to the retiring pension, which, on the principle of the Imperial Superannuation Act (qualified by Section 6), would be due to him from the Government by which he was last previously employed, if he had retired from ill-health at the period of his promotion.
3. In the case of several promotions the same principle will be applied as between any two successive employers, the second of these employers paying the Officer a pension calculated on the whole period of his continuous Public Service up to the date of his second transfer, but subject to a deduction equal to a pension calculated on service previous to his first transfer.
4. If in any of the employing Colonies no retiring pension is payable, or a rate of pension less than the Imperial rate, the Officer must be a loser to that extent. Nor must he claim from any colony from whose Service he has been promoted a rate higher than that authorized by the Imperial Superannuation Act.
5. In some Colonies a certain number of years are added to an Officer's service, by way of bonds, in calculating his retiring pension. An Officer promoted from such a Colony should lose that bonus. An Officer retiring from the Service of such a Colony should only be allowed it in case he shall have remained in that Service for the time necessary to qualify him for receiving it.
6. If an Officer does not remain ten years in the Colonial Service from which he retires, his salary should, for the purpose of calculating his retiring pension, be taken on the average of the last ten years. The same rule will be applied in calculating the payment to be made to him in respect of any intermediate employment.
7. It may happen that an Officer receiving a higher salary, without a right to pension, may be transferred to a Colony in which he will receive a lower salary with a right to pension. In this case the first salary should be taken not only for the purpose of calculating the pension, but also for the purpose of calculating the deduction, as being of the same amount as the second.
I annex a Memorandum containing some supposed cases in illustration of these Rales, in order to show their precise working; and I should wish you to submit this despatch to your Legislative Council, and to consider with them the propriety of taking such steps by way of Ordinance, or otherwise, as will enable Her Majesty's Government to give effect to them in case of future retirements of Colonial Officers who may have been promoted from or into the Service of the Colony under your Government.
I have, &c.,
GRANVILLE.
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⚫ SUPPOSED CABES IN ILLUSTRATION OF THE FOREGOING RULES.
Promotion.
Sumber of Year' Service.
Salary on Retirement
Retiring Pension prior
ΟΙ
to Deduction.
Amount of Deduction.
Retiring Pension from each Colony after Deduction.
Total Retiring
Pansion.
Case of A. B.
L
:
£
a. d.
£
First employment .....
10
200
8 X 200 = 33 6 8
a. d.
Nil
£
a. d.
B. d.
33 6 8
Second employment
20
1,000
#8 × 1000=500 0 0
93 6 8
466 13 4
600 0 0
Total Service
30