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PENSIONS COMMUTATION ACT 1871

PENSIONS COMMUTATION ACT 1871 - LONG TITLE

An Act to extend the provisions of the Pension Commutation Acts,
1869 and 1870, to certain Public Civil Officers, and to consolidate
and amend the said Acts.{1}
[29th June 1871]
Short title.

PENSIONS COMMUTATION ACT 1871 - SECT 1

1. This Act may be cited for all purposes as "The Pensions
Commutation Act, 1871."

PENSIONS COMMUTATION ACT 1871 - SECT 2
Interpretation.

2. In this Act

Definition rep. by SLR 1893 (No.2)

The term "pension" includes any half-pay, compensation allowance,
superannuation or retirement allowance, or other payment of the like
nature:

The term "officer" means commissioned officer and warrant officer in
the Army and Navy, and subordinate officer in the Navy:

The term "public civil office" means any office other than that of
an officer in Her Majesty's naval or land forces, the holder of
which is paid his remuneration out of moneys provided by Parliament
for supply services.

PENSIONS COMMUTATION ACT 1871 - SECT 3
Application of Act

3. This Act shall apply only

(1)To officers in Her Majesty's naval or land forces; and

(2)To persons who have retired or have been removed from public
civil offices in consequence of the abolition of their offices, or
for the purpose of facilitating improvements in the organization of
the departments to which they belonged, and to whom annual pensions
have been granted by way of compensation for such retirement or
removal.

PENSIONS COMMUTATION ACT 1871 - SECT 4
Power to Treasury to commute pensions.

4. It shall be lawful for the Treasury, in accordance with such
regulations as they may from time to time make, on the application
of any person to whom this Act applies, to commute his pension by
the payment of a capital sum of money, calculated according to the
estimated duration of the life of the pension-holder, subject to the
following provisions:

(1)In calculating the amount payable in respect of the commutation
of any pension, the following rules shall be observed:

(a)The age of the pension-holder shall be reckoned at the age he
will attain on the birthday next succeeding his application for
commutation;

(b)In the case of impaired lives, years shall be added to the age
of the pension-holder for the purpose of calculating the amount of
commutation payable to him; and in like manner a deduction from age
shall be made as an equivalent for the right to prospective
increase of the pension to be commuted;

<(c)In calculating the amount payable in respect of any pension, interest shall be reckoned at a rate of not less than five pounds per centum per annum:

(2)Where any officer in the naval or land forces of Her Majesty
whose pension has been commuted under this Act subsequently marries,
his widow shall not be entitled to any pension, and a child of
any such officer born after the date of the commutation of his
pension shall not be entitled to compassionate allowance:

(3)Save as aforesaid, nothing in this Act contained shall be held
to deprive the wife or children of any officer whose pension may
be commuted of any reversionary right to pension or compassionate
allowance to which she or they may be entitled:

(4)No application for the commutation of a pension shall be received
unless it be accompanied, in the case of an officer [by a
recommendation from the Defence Council], and in the case of any
other person, by a recommendation from the head of the department
to which the applicant belongs, unless the Treasury otherwise direct.

PENSIONS COMMUTATION ACT 1871 - SECT 5
Commutation board constituted.

5. There shall be constituted for the purpose of advising on the
cases of applicants for commutation of pensions under this Act a
board, in this Act called "the commutation board."

The commutation board shall consist of the Comptroller-General for
the time being of the National Debt Office, and of four other
persons to be from time to time appointed by the Treasury.

The Treasury may from time to time appoint, and remove, an actuary,
medical referees, and such other officers or servants as they may
consider necessary, and may pay them such remuneration as they may
think fit.

The commutation board shall inquire into and report to the Treasury
upon the cases of applicants for commutation under this Act in such
manner as the Treasury directs.

PENSIONS COMMUTATION ACT 1871 - SECT 6
Payment of commutation moneys.

6. The Commissioners for the Reduction of the National Debt, with
the consent of the Treasury, may pay the amounts awarded as
commutations of pensions out of any funds for the time being in
their hands under [National Savings Bank Act 1971] the authority of
the ....

PENSIONS COMMUTATION ACT 1871 - SECT 7
Power to Treasury to make regulations.

7. Subject to the provisions of this Act, the Treasury may from
time to time make, alter, or revoke regulations as to the following
matters:

(1)The rules according to which applications for commutation are to
be made or, on payment of a prescribed fee, to be withdrawn:

(2)The tables according to which the duration of life of applicants
for commutation is to be calculated for the purposes of this Act:

(3)The terms upon which pensions are to be commuted, and the cases
in which commutation is to be refused.

PENSIONS COMMUTATION ACT 1871 - SECT 8
Moneys paid for commutation of pensions to be repaid by annuities.

8. An account shall be made up annually of the amount paid by the
Commissioners for the Reduction of the National Debt for the
commutation of pensions under this Act, and a terminable annuity
shall be annually paid, out of the votes of Parliament upon which
the respective pensions were chargeable previous to commutation, to
the Commissioners for the Reduction of the National Debt of an
amount sufficient to repay to the said Commissioners, at the
expiration of ten years, the amount advanced by them, together with
interest thereon at a rate of not less than three and a half per
centum per annum, and the amount of the annuity payable in respect
of the commutation of pensions shall be notified by a certificate
under the hand of the actuary of the National Debt Office, in the
case of an officer [to the Defence Council], and in the case of
any other person to the head of the department to which the person
belonged whose pension has been so commuted, or to such other
person as may be directed by the Treasury.

PENSIONS COMMUTATION ACT 1871 - SECT 9
Penalty on persons making false declarations.

9. If any applicant for commutation under this Act wilfully make
any false declaration in relation to any matter or thing required
by any regulation made in pursuance of this Act he ... shall be
liable on conviction to forfeit all claim to his pension or the
value thereof ....

PENSIONS COMMUTATION ACT 1871 - SECT 10
Deduction from salary to be made where pension-holder takes office.

10. If any pension-holder whose pension has been commuted in
pursuance of this Act accepts any public employment, a deduction
shall be made from the salary payable to him in respect of such
employment equal to the amount which would have been abated from
the pension if it had not been commuted; and in the event of his
becoming entitled to a pension in respect of such employment, the
amount of such pension granted to him shall not exceed the amount
which he might have received had his pension not been so commuted.

PENSIONS COMMUTATION ACT 1871 - SECT 11
Consolidated Fund to repay advances to commissioners if necessary.

11. If at any time it appear desirable to the Treasury and to the
Commissioners for the Reduction of the National Debt, having regard
to the funds out of which the said Commissioners are authorized by
this Act to pay the amounts awarded as commutations of pensions,
that an issue in money should be made out of the Consolidated Fund
in repayment of advances made from such funds, the Treasury may,
upon a certificate to that effect under the hands of the
Comptroller-General or Assistant Comptroller, acting under the
Commissioners for the Reduction of the National Debt, issue to the
said Commissioners out of the Consolidated Fund, ..., such sum as
may be named in such certificate.

S.12 rep. by 1968 c.13 s.24 sch.6 Pt.I. Ss.13, 14 rep. by SLR
1883; SLR 1963






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