TNAG-0697-FCO40-847-Pension-scheme-for-governors-1978 — Page 84

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

f

Civil Service Department Whitehall London SW1A 2AZ

Telephone :

01 - 273

01

HKA 233/1

RECEIVED IN MAY 10. 51

- 3 JUL 1978

DESK OFFICER

INDEX

PA

REGISTRY

Action Taken

NO

ale

ex

40.97..... (Direct Dialling)

273 3000 (Switchboard)

Your reference

PD 231/213/01

Our reference

Date

S 52/01

28 June 1978

J W Wilby Esq

Ministry of Overseas Development

Eland House

Stag Place

LONDON SW1E 5DH

GOVERNORS' PENSION SCHEME

LAST

(37

22

I am submitting to higher authority a change in the basis of pension- able pay for Governors and hope to be in a position to reply on the scheme in principle very shortly.

2. I am sorry, however, to come up with some late drafting changes, particularly as I note that your people raised some of the points earlier and that CSD then rejected them mistakenly I fear.

3. The problem is this. The Governors' Pensions Act 1957 could and did amend the Superannuation Acts. I do not see that there is any power in section 2 of the Overseas Pensions Act 1973 to enable your Minister to amend a scheme made under section 1 of the Superannuation Act 1972 (or vice versa) Furthermore, the Governors' Pensions Act authorised the Treasury (now the Minister for the Civil Service) to pay pensions etc and pensions were charged to the Superannuation Vote no matter whether they were payable under the Superannuation Acts or the Governors' Pensions Act. Now, however, the MCS is authorised to pay civil service pensions and the Secretary of State to pay Governors' pensions under the new scheme which cannot be charged to the Superannuation Vote. But Articles 3.10 and 3.12 of your draft scheme provide for pensions on total service. It seems to us that since a two-way traffic is involved, the simplest procedure would be to let the last responsible Minister meet the whole cost on a knock for knock basis - with suitable provision to prevent an entitlement to two pensions for the same service. Do you agree please?

4. I think the following changes will be required:-

✓3.10 ✓3.11

3.12

To be duplicated in the PCSPS To be transferred to the PCSPS

11

Instead of "under the PCSPS ..." in lines 4 and 5 read

"calculated in accordance with the terms of the POSPS instead of a pension under the earlier provisions of this scheme

The PCSPS will need amendment to prevent a deferred pension being payable.

This is to make the PCSPS type pension a pension under "this" scheme7.

1

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