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[AS AMENDED IN STANDING COMMITTEE B] |
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Make new provision for establishing pension and compensation schemes for |
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the armed or reserve forces; to amend the Pensions Appeal Tribunals Act |
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1943; to provide for the transfer of the property, rights and liabilities of the |
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Royal Patriotic Fund Corporation to a registered charity; and for connected |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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Pensions and compensation |
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1 | Pension and compensation schemes: armed and reserve forces |
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(1) | The Secretary of State may by order establish schemes which, in respect of a |
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person’s service in the armed forces, provide— |
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(a) | for benefits, in the form of pensions or otherwise, to be payable to or in |
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respect of him on termination of service or on death or retirement, or |
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(b) | for payments to be made towards the provision of such benefits. |
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| Such a scheme is referred to in this Act as an armed forces pension scheme. |
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(2) | The Secretary of State may by order establish schemes which provide for |
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benefits to be payable to or in respect of a person by reason of his illness or |
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injury (whether physical or mental), or his death, which is attributable (wholly |
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or partly) to his service in the armed forces or the reserve forces. |
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| Such a scheme is referred to in this Act as an armed and reserve forces |
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(3) | The Secretary of State may provide for any scheme under this section to be |
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administered by another person. |
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2 | Payments due from scheme administrator in respect of deceased persons |
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(1) | This section applies if on the death of any person who is or has been a member |
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of the armed forces or the reserve forces— |
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(a) | an amount is due to him in respect of benefits payable under an armed |
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forces pension scheme or an armed and reserve forces compensation |
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(b) | the amount is payable by a person (“the administrator”) other than the |
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(2) | Sections 3 and 5 to 11 of Navy and Marines (Property of Deceased) Act 1865 |
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(c. 111) (distribution of personal estate of deceased seamen, etc.) are to have |
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effect in relation to the due amount as if it were payable by the Secretary of |
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State, and the Secretary of State may give directions to the administrator as to |
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the payment of that amount. |
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(3) | Section 4 of the Pensions and Yeomanry Pay Act 1884 (c. 55) (distribution of |
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personal estate of deceased soldiers, etc., not exceeding £5000) is to have effect |
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in relation to the due amount as if it were held by or under the control of the |
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Secretary of State, and the Secretary of State may give directions to the |
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administrator as to the payment of the due amount. |
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(1) | The power of the Secretary of State to modify an armed forces pension scheme |
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may not on any occasion be exercised in any manner which would or might |
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adversely affect any entitlement, accrued rights or pension credit rights of any |
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member of the scheme acquired before the power is exercised unless— |
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(a) | the consent requirements are satisfied in respect of the exercise of the |
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power on that occasion in that manner, or |
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(b) | the scheme is modified in the prescribed manner. |
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(2) | The consent requirements are those prescribed for the purpose of obtaining the |
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consent of members of the scheme to its modification. |
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| “prescribed” means prescribed by an order under section 1, |
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| “accrued rights”, “entitlement”, “member” and “pension credit rights” |
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have the same meanings as in Part 1 of the Pensions Act 1995 (c. 26). |
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4 | Existing naval and marine pensions |
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In section 3 of the Naval and Marine Pay and Pensions Act 1865 (c. 73) |
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(payment to officers, widows etc.), for the words from “services” to “deceased” |
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there is substituted “service in Her Majesty’s naval or marine force as an”. |
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5 | Amendments to Pensions Appeal Tribunals Act 1943 |
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Schedule 1 (which makes amendments to the Pensions Appeal Tribunals Act |
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1943 (c. 39) about appeals to and from Pensions Appeal Tribunals, including |
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amendments conferring appeal rights in relation to schemes under section 1(2) |
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Miscellaneous and supplementary |
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6 | Royal Patriotic Fund Corporation |
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(1) | The Secretary of State may by order transfer, or provide for the transfer of, the |
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property, rights and liabilities of the Royal Patriotic Fund Corporation to a |
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registered charity established for the benefit of persons who— |
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(a) | are widows or widowers, or children or dependants, of persons who |
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have served in the armed forces or the reserve forces, and |
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(b) | are in need of assistance. |
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(2) | The rights and liabilities that may be transferred include rights and liabilities |
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under a contract of employment. |
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(3) | Schedule 2 makes provision in relation to the transfer of employees. |
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(4) | An order under this section may provide for the dissolution of the Corporation. |
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(5) | A reference in any instrument or other document to the Corporation is, so far |
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as the context permits, to be read as a reference to the transferee. |
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(6) | In this section “charity” has the same meaning as in the Charities Act 1993 |
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(c. 10) and “registered” means registered under that Act. |
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(1) | In section 4 of the Forfeiture Act 1982 (c. 34) (Commissioner to decide whether |
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forfeiture rule applies to social security benefits), in the definition of “relevant |
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enactment” in subsection (5), the following entry is inserted after the entry |
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relating to the Social Security Contributions and Benefits Act 1992— |
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| “section 1 of the Armed Forces (Pensions and Compensation) Act |
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(2) | In Schedule 4 to the Social Security Act 1998 (c. 14) (Social Security |
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Commisioners), in paragraph 3(1) (expenses of attending appeal proceedings), |
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after “under section 14 of this Act” there is inserted “, under section 6A of the |
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Pensions Appeal Tribunals Act 1943”. |
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(3) | The enactments set out in Schedule 3 are repealed to the extent specified. |
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| The preceding provisions of this Act are to come into force on such day as the |
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Secretary of State may by order appoint. |
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Any expenses incurred by the Secretary of State in pursuance of this Act are to |
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be paid out of money provided by Parliament. |
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(1) | Any power to make an order under this Act is exercisable by the Secretary of |
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State by statutory instrument. |
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(2) | An order under this Act may make different provision for different purposes. |
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(3) | An order under this Act may make— |
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(a) | any supplementary, incidental or consequential provision, |
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(b) | any transitory, transitional or saving provision, |
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| which the Secretary of State considers necessary or expedient for the purposes |
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of, in consequence of or for giving full effect to any provision of this Act. |
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(4) | The provision which may be made under subsection (3) includes provision |
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amending or repealing any enactment or instrument. |
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(5) | A statutory instrument containing an order under this Act is to be subject to |
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annulment in pursuance of a resolution of either House of Parliament. |
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(6) | A statutory instrument containing an order under this Act which adds to, |
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replaces or omits any part of the text of an Act is not to be made unless a draft |
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of the instrument has been laid before, and approved by a resolution of, each |
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House of Parliament; and subsection (5) does not apply to such an instrument. |
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| “armed forces” means the naval, military or air forces of the Crown, but |
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| “reserve forces” has the same meaning as in the Reserve Forces Act 1996 |
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| This Act may be cited as the Armed Forces (Pensions and Compensation) Act |
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