TNAG-0824-FCO40-1032-Terms-of-service-of-Governors-1979 — Page 21

CIRCULAR

21118/1/48

SIR,

THE CHURCH HOUSE,

Air Travel-Compensation

GREAT SMITH STREET,

LONDON, S.W.1.

23rd September, 1948.

I have the honour to state that during the last few years questions have been raised from time to time by Colonial Governments about the appropriate Compensatory provision in respect of officers who are killed or injured while travelling by air. I propose in this despatch to review the position and to offer guidance.

2. Position before the War.-Practically all Colonial Governments had included provision in their pensions legislation in the terms of Section 17 and Regulation 23 of the Model Pensions Ordinance. In general and in brief these provisions apply to all officers whether pensionable or not who are killed or injured while on duty and where death or injury is specifically attributable to the duty. In cases of death a pension of 1/6th of the officer's salary is paid to the widow and allowances are also paid to his children while under the age of eighteen. In cases of injury necessitating retirement, pension awards are related to the degree of impairment and in the most serious cases amount to 3rd of the officer's salary, this pension being in addition to the normal invaliding pension.

3. In addition to the special compensatory provision outlined in the last paragraph- provision which has been available when an officer has been travelling by air on duty, but not generally or necessarily when so travelling on leave-the following provisions, not dependent on the "on duty" requirements, have been available in cases of death: -- (a) If the officer was pensionable, the gratuity of one year's pensionable emoluments which practically all Colonial Governments grant under their pensions legislation;

(b) Benefits as contributors to Widows and Orphans Schemes which most Colonial Governments have established;

(c) Insurance by the officer at his expense through the facilities which a number of Colonial Governments provided by arrangement with the Crown Agents for the Colonies when officers travel by air.

4. Developments during and since the war.-Wartime conditions inevitably increased the risk of death or injury from air travel and at the same time made it necessary for some Colonial Governments to make much greater use of air transport for their officers than formerly. Representations were made in one or two instances that the cover provided for officers in these circumstances was inadequate, and in consequence the insurance of officers at Government expense was adopted. At first this change was confined to one or two Colonies only, but similar representations have been made since the war and there are now some dozen Colonial Governments effecting insurance at their expense with maximum cover of the order of £3,000 whenever air passages are booked on official instructions for their officers.

5. As there was some doubt whether officers travelling on leave by air or sea could be regarded as being on duty, Colonial Governments were advised early in the war (see the late Lord Lloyd's circular despatch of the 26th July, 1940) to enact legislation to ensure that the compensatory provisions referred to in paragraph 2 above were made available to officers who were killed or injured as a result of enemy action while travelling on leave.

6. Compensatory provision for Home Civil Servants.-Although the general provision for cases of death or injury on duty is the same in the United Kingdom as that summarized in paragraph 2 there is special provision at somewhat higher rates for certain circumstances of special risk, namely travel by air or by submarine in pursuance of official instructions. The annual allowance to the officer's widow in such cases is th of his salary as compared with 1/6th in other cases where the special risk is not present.

7. Compensatory arrangements of Airways Corporations.-There is a great variety in the details of the insurance provision made by the different corporations. As regards death cover there is no pension provision for dependents, though pension schemes are under consideration, and the amount of insurance effected varies with the class of staff as well as with salary. The highest cover is for a lump sum of the order of four times the basic pay of the staff concerned.

8. Proposed modifications of present Colonial practice.-I am satisfied that it should be recognized by Colonial Governments generally, as it has already by a number of them, that the order of compensation payable under the pre-war arrangements I have described