TNAG-0697-FCO40-847-Pension-scheme-for-governors-1978 — Page 36

D L Hawkins Esq

Superannuation Division Civil Service Department Whitehall

London SW1A 2AZ

LAST

RO

22

NEWY

cc: Mr D L Benest

M» ✪ I Hall.

HKA 233/1

RECEIVED IN REGISTRY NO. 51

2 1 AUG 1978

DESK OFFICER

REGISTRY

INDEX

PA

Action Taken

851/04

PD231/213/01

August 1978

37

GOVERNORS' FENSION SCHEME

In his absence on a week's leave John Willby has asked me to write to you on his behalf with reference to your letter of 28 June about drafting changes in the GPS. We are not sure that we understand your paragraph 3 correctly and would appreciate your further comments on the problem you put to us.

Section 2 of the Overseas Pensions Act 1973 imposes the Condition on the Secretary of State that he must have the consent of the Minister of the Civil Service to make schemes.

-Section 1.3 of the Superannuation Act 1972 imposes the duty on the Minister of the

Civil Service to consult with other Ministers if it seems that they might be affected by a scheme he proposes to make. Furthermore, provision is made in Section 3.1e of the Overseas Pensions Act for the Secretary of State to amend any previous scheme made under Section 2. In the Superannuation Act Section 2.9 makes similar provision for amendment for the Minister of the Civil Service. It seems to us therefore that there is power for consultation between the Secretary of State and Minister so that necessary amendments can be effected to either the Overseas Pensions Act or the Super- annuation Act. There is therefore no need for a power in either Act to amend the other. In the circumstances are the CSD proposed changes necessary?

In your absence on leave recently I spoke to Gilbert Burns in connection with the retirement in mid-November of Sir Colin Allan. We wanted to know how far we could anticipate the new Governors' Pension Scheme in computing his pension benefits. Gilbert Burns gave me to understand that we could anticipate the new GPS in the expectation that the Scheme would be laid in Parliament before the House sits again. I would be grateful for your confirmation that we may go ahead on this basis with the computation of Sir Colin's pension.

I am copying this letter to Mr D L Benest and Mr C J Hall.

MRS M T FOLEY