Superannuation Act, 1834

SUPERANNUATION ACT 1834

CHAPTER XXIV.

An Act to alter, amend, and consolidate the Laws for regulating the Pensions, Compensations, and Allowances to be made to Persons in respect of their having held Civil Offices in His Majesty’s Service.[2] [25th July 1834.]

[Preamble reciting 57 Geo. 3. 65, and 6 Geo. 4. c. 90., rep. 51 & 52 Vict. c. 57. (S.L.R.)]

[Ss. 1–5 rep. 32 & 33 Vict. c. 60. s. 9. Ss. 1–4 provided for pensions to persons having served in certain high civil offices. By s. 7 of 32 & 33 Vict. c. 60. section 6 of this Act is applied to pensions under that Act.]

Declaration to be made by persons claiming pensions for political services.

6. And whereas the principle of the regulations for granting allowances of this nature is and ought to be founded on a consideration, not only of the services performed by the individual to the state, but of the inadequacy of his private fortune to maintain his station in life: Be it therefore enacted, that whenever any person shall seek to obtain any one of the pensions before mentioned, his application for that purpose shall be made in writing to the Treasury, to which he shall subscribe his name, and which shall contain not only a statement of the services performed by him, and the grounds on which such pension is claimed, but a specific declaration that the amount of his income from other sources is so limited as to bring him within the intent and meaning of this Act and the principle herein-above declared; and without such declaration no pension as herein-before provided or authorized shall be granted.

[S. 7 rep. 32 & 32 Vict. c. 60. s. 9. S. 8 rep. 37 & 38 Vict. c. 35. (S.L.R.)]

Superannuation allowances to persons who entered the public service before 5th Aug., 1829.

9. From and after the passing of this Act the superannuation allowances to be granted to such officers and clerks who shall have entered the public service prior to the fifth day of August one thousand eight hundred and twenty-nine (except only as herein-after is authorized) shall not exceed the following proportions with reference to the amount of their salaries and the periods of their services respectively; (videlicet,)

To an officer, clerk, or person who shall have served ten years and upwards, and under fifteen years, any annual allowance not exceeding in amount four twelfths of the annual salary and emoluments of his office:

For fifteen years and upwards, and under twenty years, not exceeding five twelfths of such salary and emoluments:

For twenty years and upwards, and under twenty-five years, not exceeding six twelfths of such salary and emoluments:

For twenty-five years and upwards, and under thirty years, not exceeding seven twelfths of such salary and emoluments:

For thirty years and upwards, and under thirty-five years, not exceeding eight twelfths of such salary and emoluments:

For thirty-five years and upwards, and under forty years, not exceeding nine twelfths of such salary and emoluments:

For forty years and upwards, and under forty-five years, not exceeding ten twelfths of such salary and emoluments:

For forty-five years and upwards, and under fifty years, not exceeding eleven twelfths of such salary and emoluments:

And for fifty years or upwards, any annual allowance not exceeding the net amount of the salary and emoluments of his office.

[Ss. 10, 11 rep. 22 Vict. c. 25 s. 1.]

Allowances to be calculated on average amount of salary received for the three years before superannuation.

12. Provided always that the superannuation allowance to be granted to any officer or person after the passing of this Act shall not be computed upon the amount of the salary enjoyed by him at the time of his retirement, unless he shall have been in the receipt of the same, or in the class from which he retires, for a period of at least three years immediately before the granting of such superannuation allowance; and in case he shall not have enjoyed his then existing salary or have been in such class for that period, such superannuation allowance shall be calculated upon the average amount of salary received by such person for three years next preceding the commencement of such allowance.

[Ss. 13–15 rep. 22 Vict. c. 26. s. 1. S. 16 rep. 50 & 51 Vict. c. 67. s. 14. S. 17 (providing for special allowances in special cases) rep. 22 Vict. c. 26. s. 1.]

No compensation on abolition of office, or special allowance, to be charged upon the funds of any department; and no compensation or superannuation allowance to be granted except by order of his Majesty in council.

18. No compensation for any office abolished, nor any special allowance or remuneration for good services to any person holding or having held any civil office in any public department, shall be charged upon the incidents or any other fund of any such department; and no such compensation, nor any allowance or compensation in the nature of superannuation or retired allowance or reward to any such person in respect of his having held any public office or employment, or having been engaged in any public service, shall be granted, allowed, or paid, other than under the authority of an order of his Majesty in council, or by the Treasury.

[S. 19 rep. 22 Vict. c. 26. s. 1.]

Superannuation allowance to be suspended or reduced during receipt of salary for efficient services.

20. Provided always, that in case any person enjoying any superannuation allowance in consequence of retiring from office on account of age, infirmity, or any other cause, or enjoying any compensation for past services upon the abolition or reduction of office, shall be appointed to fill any office in any public department, every such allowance or compensation shall cease to be paid for any period subsequent to such appointment if the annual amount of the profits of the office to which he shall be appointed shall be equal to those of the office formerly held by him, and in case they shall not be equal to those of his former office then no more of such superannuation allowance or compensation shall be paid to him than what with the salary of his new appointment shall be equal to that of his former office.

Act not to extend to military or naval half pay, &c., except as herein-after provided.

21. Provided always, that nothing herein contained with respect to compensation, superannuation, or allowance for civil services, shall extend or be construed to extend to any military or naval half pay, or allowance in lieu of half pay, or to any military or naval allowance or pensions granted or to be granted under the regulations of any order of his Majesty in council, in any of the respective departments of the Admiralty, the secretary at war, and the master general of the ordnance, except as herein-after is provided with respect to the same.

Account of public offices, salaries, pensions, and allowances, and of increase and diminution thereof, to be annually laid before Parliament.

22. Between the first day of February and the twenty-fifth day of March in every year, or if Parliament shall not be sitting during any part of that period, then within twenty days after the next meeting of Parliament, there shall be laid before both Houses of Parliament an account of every increase and diminution which shall have taken place within the preceding year, ending on the thirty-first day of December, in the number of persons employed in all public offices or departments under the crown, and in the salaries, emoluments, allowances, and expenses which shall have taken place or been paid, granted, received, or incurred for and in respect of all officers and persons belonging to or employed in all such public offices or departments, specifying the amount and nature thereof, and distinguishing every increase and diminution in the amount of all allowances or compensations granted as retired allowances or superannuations to any person having held any office, place, or employment in any such public office or department, and also the time and length of service of every such person, and the amount of the salary and emoluments received by such person immediately preceding his superannuation or retirement, and the nature of his services, and the grounds upon which such increase or diminution in the establishment of every such public office or department, or of any such salary, emolument, allowance, compensation, or superannuation, shall have been granted or made; and also specifying the name of every person receiving such allowance or compensation who may have died in the course of the year, together with the amount of the annual allowance payable to such person.

Accounts of compensations and superannuation allowances to be laid before House of Commons annually.

23. Provided always, that accounts of all compensations for offices abolished, and of all allowances in the nature of superannuation or retired allowances to all other persons in respect of their having held any public office or employment under the crown, shall annually, at the period lastly provided, be laid before the Commons House of Parliament.

[S. 24 rep. Vict. c. 26. s. 1.]

Half pay and military and naval pensions to be laid before Parliament in separate estimates.

25. Provided always, that all half pay and allowances in lieu of half pay in the several departments of the army, ordnance, navy, and marines, and all military and naval allowances or pensions granted or which shall be granted in any of such departments under the authority of any order in council, shall be annually laid before the Commons House of Parliament, in separate estimates, at the same time with the ordinary estimates of those respective departments, and shall be kept distinct from all pensions, compensations, superannuation and retired allowances in any of the civil offices of those departments respectively.

Compensations and superannuations not provided for to be charged on funds of departments.

26. The compensations, superannuations, and allowances authorized as well by this as any former Act or Acts shall, when not specially provided for by Parliament, be charged upon and paid and payable by the respective departments or offices in which the persons receiving such allowances shall have served.

[S. 27 rep. 20 & 21 Vict. c. 37.]

Where fees form part of the emoluments of an office, an average shall be fixed by the head of the department, on which compensation, &c., shall be granted.

28. It shall be lawful for the person or persons at the head of any department in which any fees or other sources of profit may form part of the emoluments of any office in such department, to fix, with the approbation of the Treasury, or for the Admiralty if the office shall be in that department, an average sum upon which the compensation or superannuation allowance shall be granted, . . . which sum so to be fixed shall not exceed the average amount of such emoluments for the three last preceding years.

[S. 29 rep. 37 & 38 Vict. c. 35. (S.L.R.)]

Act not to give an absolute right to compensation or superannuation allowances, or to prevent dismissal of persons without compensation.

30. Provided always, that nothing in this Act contained shall extend or be construed to extend to give any person an absolute right to compensation for past services, or to any superannuation or retiring allowance under this Act, or to deprive the Treasury, and the heads or principal officers of the respective departments, of their power and authority to dismiss any person from the public service without compensation.

[S. 31 rep. 37 & 38 Vict. c. 35. (S.L.R.)]

[2 Short title, “The Superannuation Act, 1834.” See 50 & 51 Vict. c. 67. s. 13.]