Public Service Superannuation (Miscellaneous Provisions) Act 2004

Amendment of Superannuation (Prison Officers) Act 1919, etc.

5

5.—(1) The Superannuation (Prison Officers) Act 1919 is amended by substituting the following for section 1(1)( a):

“( a) 55 years shall be substituted for 60 years or 65 years, as appropriate, as the age of retirement which without a medical certificate a superannuation allowance may be granted and, accordingly, sections 10 and 11 of the Superannuation Act 1859 (as amended by the Public Service Superannuation (Miscellaneous Provisions) Act 2004) shall, in their application to such officers as aforesaid, have effect as if for ‘60 years’ or ‘65 years’ there were substituted ‘55 years’; but where any such officer, other than an officer who is a new entrant—

(i) is covered by—

(I) the report of Departmental Council, Department of Justice, known as the Agreed Report No. 8/1983 which was signed on behalf of the Staff Side on 21 September 1983 and on behalf of the Official Side on 3 October 1983, or

(II) the report known as the Civil Service Conciliation and Arbitration (Higher) Scheme Conciliation Council Report 1/88 which was adopted on behalf of the Staff Side and on behalf of the Official Side on 16 February 1988,

and

(ii) has in aggregate 30 years' service as such an officer,

then ‘50 years’ shall be so substituted instead of ‘55 years’;

( aa) 60 years shall be substituted for 65 years as the age at which preserved benefit (within the meaning of section 1 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 , other than in so far as it relates to a death benefit) can be paid and, accordingly, section 6 of the Superannuation Act 1909 (as amended by the Public Service Superannuation (Miscellaneous Provisions) Act 2004 ) shall, in its application to such officers as aforesaid, have effect as if for ‘65 years’ there were substituted ‘60 years’;”.

F4 [ (2) The Superannuation Acts 1834 to 1963 shall have effect in respect of

( a ) with effect from 16 February 1988, the class of officers who are prison governors, and

( b ) with effect from 1 March 2012, the class of officers, who are appointed to the position of Prison Campus Governor by the Minister for Justice and Equality,

subject to the Superannuation (Prison Officers) Act 1919 as if each class of officers concerned had been prescribed under and for the purposes of section 1(1) (as adapted by the Superannuation (Prison Officers) Act 1919, Adaptation Order 1933 ( S.R. & O. No. 71 of 1933 )) of the Superannuation (Prison Officers) Act 1919. ]