TNAG-0205-FCO40-241-Pensions-policy-1970 — Page 90

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

CMND 1193 - SERVICE WITH OVERSEAS GOVERNMENTS

12.

me 1961 White Paper introducing OSAS reaffirmed the policy set out in Colonial No 306 and paragraph 15 is of especial relevance:-

"15. Her Majesty's Government recognises that there are certain categories of overseas pensionable officers who have been appointed to the service of territorial Governments otherwise than by selection by or under the authority of a Secretary of State or the Crown Agents. Officers who are not covered by the provisions of individual *Agreements as indicated in paragraph 9 may be confident that the assurance given in paragraph 12 of Colonial No 306 (see Appendix A) will continue in full force and effect".

NB *The OSAS Agreements

THE PUBLIC OFFICERS AGREEMENTS

13. POA's have been concluded with every independent government except the Southern Yemen Government and the Federal Nigerian Government. In the latter case it should be noted that Agreements were made with the Regional Nigerian Governments and the Federal Government acts as if an Agreement was concluded. The Agreements specifically cover pensions and the usual preservation paragraph reads:-

14.

"Preservation of Pensions

The pension of any officer who has ceased to be the substantive holder of a pensionable office in the Public Service of [

before the appointed day, or the widow, children, dependents or personal representatives of any such officer, shall be granted and paid, or if granted before that date shall continue to be paid, in accordance with the laws, regulations and administrative directions governing those pensions immediately before the appointed day or in accordance with such other laws, regulations and administrative directions made thereafter that are not less favourable".

A comparable provision according no less favourable guarantees on retirement and pension covers the pensionable officers still in service on the appointed day.

15. These pensions paragraphs can apply to other than HMOCS or OSAS officers and in the cases of Kenya, Uganda, Zanzibar, and the three Southern African former dependencies do in fact embrace Asians and other non-designated officers.

CARR/ROBERTSON ASSURANCE

16.

The letter of 18 August 1964, copy at Annex 5, from the then Secretary for Technical Co-operation Mr Robert Carr to Sir James Robertson, President of the Overseas Service Pensioners Association further committed HMG. The assurance has with Treasury consent been extended to cover Sudan pensioners.

17. The assurance was given practical effect by the loan advances to Somali, Zanzibar, South Yemen, Tanzania and E Nigeria pensioners. In the case of Zanzibar and Southern Yemen the loan advances have been and continue to be paid to 200 Asians and 330 non- designated/non-indigenous pensioners (mostly Asian) respectively.

PARLIAMENTARY STATEMENTS ETC

18. There has been considerable pressure both in Parliament and by MP's letters etc

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CONFIDENTIAL

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