CO885-(20-21) — Page 165

PUBLIC RECORD OFFICE

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C.O.885

21 PUBLIC RECORD OFFICE, LONDON

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adopted, the limit operates automatically and fairly; but under the system of apportion- ment proposed by the Interdepartmental Committee it is necessary to face a difficulty which is found under existing legislation, namely, how to determine in cases of mixed service the extent to which any given Government is to benefit from the operation of the limit.

81. It would have been possible to provide in Clause 10 of the Ordinance for a reduction of the Colony's share of a pension which exceeds either of the limits in the proportion which the Colony's share bears to the total amount of the unreduced pension.

The Committee, however, recommend the adoption of the words which have been inserted in italics in both sub-sections of Clause 10, namely, "in respect of other public service prior to service in the Colony" after the words "granted to him." The effect of these words is to give the last employer the benefit of any reduction of pension, and in certain rare cases it might even relieve the last employer of any charge for pension

whatever.

The Committee do not consider such a course inequitable, as the last employing administration will, under the continuous system, generally pay much greater portion of the pension than under existing legislation. Moreover, the rule is consistent with the principle adopted in Regulation 19 of the first draft, that the Colony which loses an officer on transfer to the public service knows at once the amount of pension for which he has already qualified (see par. 67 supra).

82. It is also desirable to draw attention to the first proviso to this regulation, which meets the case of an officer who on transfer from one Colony to another-for instance, from a less healthy to a more healthy Colony-has accepted lower emoluments. Such an officer might be prejudiced if the continuous pension were taken upon the final emoluments drawn. The proviso to the same regulation in the second draft is necessarily somewhat different in form.

$3. Attention is also called to the final words at the end of this regulation in drafts B and C; these are intended to avoid any discussion arising out of the recent change of the one-sixtieth scale in the United Kingdom to a one-eightieth scale combined with a lump .sum allowance.

84. Regulation 18. Under Regulation 2 the change of form in the regulation dealing with gratuities has been already explained. The only point to which it seems necessary to call attention here is the fact that under either form of this regulation the Committee have found it most difficult to apportion the gratuity in respect of an odd period of six months. To compute the fractions exactly would be cumbrous. After considering whether it was better to disregard the six months entirely or to throw the whole charge upon the final employer, the Committee on the whole came to the conclusion that the most convenient arrangement was to adopt the latter course: the amount involved is usually trifling, and in any event cases are rare.

121 in first draft. 85. Regulation 119 in second draft.

This regulation introduces an innovation. It was for many years held that unpensionable service in one Colony could not in any circumstances be counted for pension even if an officer afterwards becaine pensionable in another Colony. But in West African Colonies, and perhaps in other cases of group service, the rule has to some extent been relaxed in recent years.

The Committee have arrived at the conclusion that it is a logical outcome of continuous pensions for mixed service that power should be given to count unpensionable service in one Colony as pensionable in the event of an officer being transferred to the pensionable establishment of another Colony. It will be observed that in the draft regulation the approval of the Secretary of State is required in each case.

22 in first draft.

86. Regulation {20 in cond draft.} In regard to this regulation, it is only necessary

to call attention to the fact that the whole addition in the case of abolition of office or injury is thrown upon the Colony in which such abolition or injury has occurred. This suggestion disposes of the question which has been sometimes raised under existing legis- lation as to the extent to which abolition in one Colony binds a previous employer to bear a part of the additional pension resulting from abolition.

87. Regulation 23 in first draftauft.}

{

It will be observed that in this regulation

additions for professional qualifications are apportioned, not, as hitherto, according to the length of service in the contributing colonies, but according to the aggregate pensionable

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emoluments drawn in the contributing colonies in offices in respect of which an addition for professional qualifications may be granted.

88. Regulation

24 in first draft. 22 in second draft.

This is an entirely new regulation, introduced to meet a rare but occasional case. The principle of the regulation was embodied in the Superannuation Bill, 1912, and it has already been admitted in at least one case of an officer who was transferred from service in a Colony to the service of the Egyptian Government. It is obviously fair that an officer who is transferred to unpensionable employment in other public service should in ordinary circumstances retain his right to pension and the regulation safeguards the interests of the Colonial Government by requiring the approval of the Secretary of State.

89. In conclusion the Committee desire to express their hearty acknowledgments to the three Secretaries who have worked with them during their long enquiry, but particu- larly to Mr. Baynes, who became Secretary at the most critical and difficult point of the work, to which he has devoted much time and labour, especially on the question of apportion- ment and the preparation of the second of the two drafts of l'art II. of the Regulations.

D. L. H. BAYNES,

Secretary.

13th July, 1914.

C. ALEXANDER HARRIS. J. S. RISLEY. GEORGE W. JOHNSON.

SUPPLEMENTARY MINUTE BY THE PENSIONS COMMITTEE ON THE DEPARTMENTAL OBSERVATIONS WITH REGARD ΤΟ THEIR REPORT.

The Report of the Colonial Pensions Committee, dated the 13th of July, 1914, was circulated to all geographical Departments of the Colonial Office for observations. The last of these observations reached us on the 12th July, 1915.

2. We have held five meetings to consider the observations made and now submit the following supplementary minute.

General.

3. No Department differs from us on any large question of principle.

4. The Dominions Division urge that it is inadvisable for the South African Protectorates to adopt the pension system embodied in our report. As transfers between the South African Protectorates and other Colonies and Protectorates are infrequent, the lack of uniformity is of no material importance.

5. We urge that the West Indian Governments shall all be approached with a view to their adopting the proposed new Ordinance and Regulations, even though it be unlikely that Barbados, Bermuda, and the Bahamas will accept the scheme.

The principle of continuous pensions and the method of apportionment of pension charges embodied in the second draft of Part II of the proposed pension regulations is already in force in Jamaica.

It is

6. We note that the East African Department are doubtful as to the adoption of our proposals in those East African Protectorates which are free from Treasury control if the Treasury should decline to sanction their adoption in the other Protectorates. important, however, that the scheme should be accepted as widely as possible, and we deprecate the omission even for the time being of the self-supporting East African Protectorates.

7. We wish to make it clear that there no objection to the perpetuation or introduction of special provisions with regard to pensions in Colonies where special conditions justify such provisions, so long as these special provisions do not in any way prejudice the working of the proposed rules for the computation of mixed pensions. It is important, however, that the legislation with regard to pensions should be identical in each Colony of a group (such as the West African Colonies) where the conditions are similar.