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MINISTERIAL SALARIES AND MEMBERS' PENSIONS ACT (NORTHERN IRELAND) 1965

MINISTERIAL SALARIES AND MEMBERS' PENSIONS ACT (NORTHERN IRELAND) 1965
- LONG TITLE

An Act to amend enactments relating to the salaries payable to the
Speaker of the Senate, the Speaker of the House of Commons, the
holders of Ministerial offices and the Attorney General; to establish
a contributory pensions scheme for Members of the House of Commons;
to provide for the payment of pensions to persons who have been
Prime Minister; to amend the Ministerial Offices Act (Northern
Ireland) 1952; and for purposes connected with those matters.{1}
[19th October 1965]
Part I (ss.1,2) rep. by SI 1973/2163 art.14(2) sch.6

Preliminary and administrative provisions.

MINISTERIAL SALARIES AND MEMBERS' PENSIONS ACT (NORTHERN IRELAND) 1965
- SECT 3

3.(1) The provisions of this Part shall have effect for establishing
a scheme of contributory pensions, financed by deductions from salary
and by Exchequer contributions, for Members of the House of Commons
(including Members holding any Ministerial office or any office in
that House) who cease to be Members of that House after the
commencement of this Act.

(2) For the purposes of this Part there shall be constituted a
fund, to be known as the Members' Contributory Pension (Northern
Ireland) Fund (in this Act referred to as "the Fund"), which shall,
subject to the provisions of this Part, be under the control and
management of the Trustees hereinafter mentioned and the Ministry of
Finance (in this Act referred to as "the Ministry"); and all
pensions payable under this Part or other sums to be paid by the
Trustees or Ministry thereunder shall be paid out of the Fund, and
all sums received by the Trustees or the Ministry under or for the
purposes of this Part shall be paid into the Fund.

(3) Trustees of the Fund shall be appointed and may be removed by
Order of the House of Commons; and the provisions of Schedule 2
shall have effect with respect to the number, qualification and
proceedings of the Trustees, the distribution of functions between
the Trustees and the Ministry and the administration of the Fund.

(4) The Ministry with the consent of the Trustees of the Fund may
invest any property held by it under or for the purposes of this
Part, whether at the time in a state of investment or not, in any
investments whatsoever and wheresoever and may also from time to
time vary any such investments.

(5) All dividends and interest received on investments made under
subsection (4) shall be paid into the Fund.

MINISTERIAL SALARIES AND MEMBERS' PENSIONS ACT (NORTHERN IRELAND) 1965
- SECT 4
Contributions from Parliamentary remuneration.

4.(1) Subject to the provisions of this section, there shall be
deducted a sum calculated at the rate of #78 per annum from each
payment of salary to a Member of the House of Commons in respect
of any period commencing on or after 1st April 1965,

(a)being a payment of salary made to him pursuant to any Resolution
of that House relating to the remuneration of Members; or

(b)being a payment of salary made to him as an officer of that
House or as a member of the Government, where by reason of his
being in receipt of salary as such officer or member he is not
entitled to any salary pursuant to the Resolution mentioned in
paragraph (a).

(2) If any salary from which a deduction is required to be made
under this section is not drawn, there shall be set aside, out of
moneys available for the payment, a sum equal to the relevant
deduction, and any sum so set aside shall be dealt with as a sum
so deducted.

(3) All sums deducted under this section or required to be dealt
with as sums so deducted shall be paid into the Fund.[

MINISTERIAL SALARIES AND MEMBERS' PENSIONS ACT (NORTHERN IRELAND) 1965
- SECT 5
Consolidated Fund contributions.

5.(1) In respect of the year beginning on 31st March 1975 and in
respect of each year beginning on an anniversary of that date, a
Consolidated Fund contribution of an amount recommended by an actuary
in accordance with the following provisions of this section shall be
paid into the Fund out of moneys appropriated by Measure.

(2) The Department shall arrange for an actuary to make a report
to the Trustees and the Department on the general financial position
of the Fund as at

(a)31st March 1975;

(b)the end of the period of three years beginning on that date;
and

(c)the end of each succeeding period of three years.

(3) Each report by an actuary under this section on the general
financial position of the Fund as at a particular date shall
include his recommendation as to the Consolidated Fund contributions
which should be paid under this section in respect of each of the
three years immediately following that date.

(4) A copy of every report made by an actuary under this section
shall be laid before the Assembly.]

MINISTERIAL SALARIES AND MEMBERS' PENSIONS ACT (NORTHERN IRELAND) 1965
- SECT 6
Pensions of Members.

6.(1) Subject to the provisions of this section, a person who,
after the commencement of this Act, ceases to be a Member of the
House of Commons shall be entitled to receive a pension under this
section if he has completed ten years' reckonable service when he
so ceases and

(a)has then attained or thereafter attains the age of sixty-five
years; or

(b)the Trustees after considering medical evidence are satisfied that
at the time of his so ceasing or at any time thereafter he is by
reason of bodily or mental infirmity incapable of earning his own
living and that that infirmity is likely to be permanent.

(2) The annual amount of the pension payable under this section
shall be a sum calculated by reference to the number of complete
years of reckonable service of the Member in question, as follows:

(a)for each such year up to fifteen, #30;

(b)for each such year exceeding fifteen but not exceeding forty-five,
#12.

[(2A) Where on or after 1st January 1972 a person

(a)has ceased to be a Member of the House of Commons;

(b)has completed four years' reckonable service when he so ceased;
and

(c)has attained the age of sixty years but has not attained the
age of sixty-five years,

[(3) A pension under this section shall continue for the life of
the person to whom it is payable but shall not be payable in
respect of any period during which he

(a)is a member of the Assembly or a candidate for election thereto;

(b)is a member of the Convention elected under section 2 of the
Northern Ireland Act 1974 or a candidate for election thereto; or

(c)continues, by virtue of paragraph 14(2) of Schedule 2 to the
Northern Ireland Act 1974 (or that paragraph as applied by paragraph
15(7) of that Schedule), to receive remuneration after the
dissolution of Convention;

(4) In this Part "reckonable service" means subject to the
provisions of sections 10 and 12 relating to the refund of
contributions and the transfer of pension rights,

(a)service as a Member of the House of Commons on and after 1st
April 1965, being service in respect of which contributions are paid
under section 4;

(b)service as a Member of that House before that date by a person
who is a member of that House at any time after that date;

(5) For the purpose of calculating the number of complete years of
a Member's reckonable service, all periods of reckonable service
shall be aggregated.

MINISTERIAL SALARIES AND MEMBERS' PENSIONS ACT (NORTHERN IRELAND) 1965
- SECT 7
Pensions for widows.

7.(1) Subject to the provisions of this section, the widow of a
man who dies after the commencement of this Act shall be entitled
to receive a pension under this section if her late husband, at
the time of his death,

(a)was receiving a pension under section 6; or

(b)being or having been a Member of the House of Commons, had
completed ten years' reckonable service.

(2) The annual amount of a widow's pension shall be one-half of
the annual amount of the pension which her late husband was
receiving or entitled to receive or, as the case may be, of the
pension which he would have been entitled to receive if he had
attained the age of sixty-five years, or attained that age and
ceased to be a Member of the House of Commons, immediately before
his death.

(3) Subject to subsections (4) and (5), a pension under this
section shall continue for the life of the widow or until her
remarriage, but in the case of remarriage the Trustees may, if they
think fit, at any time direct that the pension be restored if
satisfied that the subsequent marriage has been terminated or that
there are exceptional reasons for the payment of the pension
notwithstanding the subsistence of that marriage.

(4) No pension shall, subject to subsection (5), be paid under this
section to a widow who, at her husband's death, was cohabiting with
another person, and if a widow entitled to such a pension cohabits
with another person the pension shall cease to be payable.

(5) The Trustees may, if they think fit, direct that the pension
shall be paid or restored, as the case may be, if satisfied that
the cohabitation has been terminated and that there are exceptional
reasons for the payment of the pension.

(6) Where a man dies in circumstances in which, apart from this
subsection, a widow's pension would be payable to a woman married
by him within the year ending with his death, then if

(a)there are no children of that marriage; and

(b)it appears to the Trustees that his death within the year was
to be foreseen by him at the date of the marriage;

Pensions for certain widowers.

MINISTERIAL SALARIES AND MEMBERS' PENSIONS ACT (NORTHERN IRELAND) 1965
- SECT 8

8.(1) Subject to the provisions of this section, the widower of a
woman who dies after the commencement of this Act shall be entitled
to receive a pension under this section if, at the time of her
death,

(a)he was incapable by reason of age or bodily or mental infirmity
of earning his own living and was wholly or mainly dependent on
her; and

(b)the condition set out in paragraph (a) or paragraph (b) of
section 7(1) was satisfied in her case.

(2) The annual amount of a widower's pension under this section
shall be the same as that of a widow's pension, and section 7(2)
shall apply accordingly with the necessary modifications.

(3) A pension under this section shall continue for the life of
the widower, but may be terminated by direction of the Trustees in
the event of his remarriage or of his ceasing to be incapable as
aforesaid.

(4) A pension terminated under subsection (3) may be restored by
direction of the Trustees if at any time the marriage upon which
it was terminated comes to an end or the pensioner again becomes
incapable as aforesaid, or if the Trustees are satisfied that for
exceptional reasons it is proper to restore the pension.

(5) Section 7(6) shall apply for the purposes of this section as
if for references to a man, a widow's pension and a woman there
were substituted references to a woman, a widower's pension and a
man.

MINISTERIAL SALARIES AND MEMBERS' PENSIONS ACT (NORTHERN IRELAND) 1965
- SECT 9
Children's pensions.

9.(1) Subject to the provisions of this section, a children's
pension shall be paid thereunder for the benefit of any relevant
child or children of a person who dies after the commencement of
this Act being or having been married, if at the time of the
death the condition set out in paragraph (a) or paragraph (b) of
section 7(1) was satisfied in the case of the deceased.

(2) In this section "child", in relation to any person, includes an
illegitimate child, a step-child or an adopted child, and "relevant
child" means (subject to the provisions of Schedule 3) any child of
the deceased, or of any wife or husband of the deceased, who

(a)is under sixteen years of age; or

(b)is under twenty-two years of age, and is within his period of
full-time education as defined by Schedule 3; [; or

(c)was at the time of the deceased's death wholly or mainly
dependent on the deceased and was at that time and has at all
times since been either

(i)a person falling within paragraph (a) or (b); or

(ii)incapable, and likely to remain permanently incapable, by reason
of bodily or mental infirmity of earning his own living,

(c)so, however, that a children's pension shall not be payable by
virtue of this paragraph for the benefit of any person for any
period during which that person is maintained out of money provided
by Parliament in a hospital or similar institution so maintained.]

(3) Subject to subsection (4), the annual amount of a children's
pension under this section shall be a sum equal to one-eighth of
the annual amount of the personal pension of the deceased for each
relevant child not exceeding four; and for the purposes of this
section "the personal pension" means the pension to which the
deceased was entitled under section 6 or, as the case may be, to
which he would have been so entitled if he had attained the age
of sixty-five years, or attained that age and ceased to be a
member of the House of Commons, immediately before his death.

(4) In any of the following circumstances, that is to say

(a)where the deceased left no widow or widower;

(b)where the deceased left a widow or a widower entitled to a
pension under section 8, and that widow or widower has died;

(5) Where the deceased left a widow, or a widower entitled to a
pension under section 8, and either

(a)in the case of a widow, the widow's pension under section 7
ceases to be payable, or is not payable, in consequence of her
remarriage or under subsection (4) of that section; or

(b)in the case of a widower, the widower's pension is terminated
under section 8(3) in consequence of his remarriage,

(6) A children's pension under this section shall be paid to or
distributed between such person or persons as the Trustees may from
time to time direct, and shall be applied by that person or those
persons, without distinction, for the benefit of the relevant
children or such of them as the Trustees may from time to time
direct.[

MINISTERIAL SALARIES AND MEMBERS' PENSIONS ACT (NORTHERN IRELAND) 1965
- SECT 10
Refund of contributions.

10.(1) Any contributions paid under section 4 by a person who

(a)ceased to be a Member of the House of Commons before 1st
January 1972 and has not been a Member of that House at any time
on or after that date; and

(b)did not complete ten years' reckonable service,

(2) Any contributions paid under section 4 by a person who

(a)has ceased to be a Member of the House of Commons on or after
1st January 1972; and

(b)did not complete four years reckonable service,

(3) Subject to subsection (4), any contributions paid under section
4 by a person

(a)who dies after ceasing to be a Member of the House of Commons;
and

(b)in respect of whom no widow's pension, widower's pension or
children's pension is or may be payable under this Part,

(4) Where a person has become entitled to a pension under section
6 there shall be deducted from any sum payable to his personal
representatives under subsection (3) the amount paid or accrued on
account of that pension.

(5) For the purpose of calculating reckonable service under section
6(4), contributions refunded under this section shall be treated as
not having been paid.

(6) Any interest payable under this section shall be compound
interest at the rate of three per cent. per annum, calculated with
annual rests.

(7) On making any repayment of contributions (including interest on
contributions) under this section, the Trustees shall be entitled to
deduct from the repayment any tax to which they may become
chargeable under paragraph 2 of Part II of Schedule 5 to the
Finance Act 1970 (charge to tax on repayment of employees'
contributions).]

MINISTERIAL SALARIES AND MEMBERS' PENSIONS ACT (NORTHERN IRELAND) 1965
- SECT 11
Application of pensions.

11.(1) A pension under this Part shall not be assignable or
chargeable with debts or other liabilities.

(2) Section 75 of the Mental Health Act (Northern Ireland) 1961
(which in certain circumstances enables the pay or pension of a
person who is incapacitated by mental disorder from managing his
affairs to be applied for the benefit of himself or his dependants
instead of being paid to him) shall apply in relation to a pension
payable out of the Fund as it would apply if the pension were
payable directly out of moneys provided by Parliament.

MINISTERIAL SALARIES AND MEMBERS' PENSIONS ACT (NORTHERN IRELAND) 1965
- SECT 12
Transfer to and from other pension schemes.

12.(1) The Trustees may, at the request of any person who has been
a Member of the House of Commons and has not become entitled to a
pension under section 6, direct that there shall be paid into or
for the purposes of any fund or scheme, being

Para.(a) rep. by 1970 c.24 s.36 sch.8 Pt.III

(b)a fund or scheme approved by the Commissioners of Inland Revenue
for the purposes of this section;

(2) The Trustees may, at the request of any person who is a
Member of the House of Commons, receive any sums payable by way of
transfer value in respect of him out of any such fund or scheme
as is mentioned in subsection (1) or under any enactment authorising
the transfer of pension rights.

(3) Where any sums are paid under subsection (1) in respect of any
person, any service of his as a Member of the House of Commons
before the date on which the payment is made shall cease to be
reckonable service and any contributions previously paid under section
4 by deduction from his salary shall be treated for the purposes
of section 10 as not having been paid.

(4) Where any sums are received by the Trustees in respect of any
person under subsection (2)

(a)he shall be treated as having such period of reckonable service
as the Trustees may determine, being the period certified by, or
calculated in accordance with tables prepared by, an actuary as
appropriate in relation to the sums so received;

(b)for the purposes of section 10, the sums so received by the
Trustees, so far as in the opinion of the Trustees they represent
his own contributions, shall be treated as if they were
contributions to the Fund paid, at the same times as the
first-mentioned contributions, by deduction from his salary under
section 4.

(5) Service as a Member of the House of Commons or as a Member
of the House of Commons of the United Kingdom shall be treated

(a)for the purposes of section 61 of the Health Services Act
(Northern Ireland) 1948 as if it were employment to which paragraphs
(c)(i) and (f) of subsection (1) of that section refer;

(b)for the purposes of section 2 of the Local Government
(Superannuation) Act (Northern Ireland) 1950 as if it were employment
to which paragraphs (d) and (f) of subsection (1) of that section
refer;

(c)for the purposes of section 12A and 12 B of the Teachers
(Superannuation) Act (Northern Ireland) 1950 as if it were employment
which was designated by an Order of the Governor in Council under
section 12A(1)(h) of the said Act and in relation to which no
appropriate Ministry was specified in the said Order;

(d)for the purposes of sections 5 and 6 of the Superannuation
(Miscellaneous Provisions) Act (Northern Ireland) 1951 as if it were
employment which was designated by an Order of the Governor in
Council under section 5(1)(e) of the said Act and in relation to
which no appropriate Ministry was specified in the said Order.

Subs.(6) rep. by 1972 c.48 s.36(1) sch.4

MINISTERIAL SALARIES AND MEMBERS' PENSIONS ACT (NORTHERN IRELAND) 1965
- SECT 13
Payments due to deceased members.

13.(1) If, on the death of a person who is or has been a Member
of the House of Commons

(a)the Trustees are liable to pay to him or his personal
representatives a sum which, if any part thereof due by way of
interest is disregarded, does not exceed #500; and

(b)a grant of probate, confirmation or letters of administration in
respect of his estate is not produced to the Trustees within such
period, not being less than one month after his death, as the
Trustees think reasonable for the purpose,

(2) If the Trustees receive notice in writing of any claim against
the Member's estate at any time before they have made a full
payment under subsection (1), then, except where the sum to be paid
appears to them to be bona vacantia, they shall not make any, or
as the case may be any further, payment under that subsection to
any person other than the Member's personal representatives until the
claim is satisfied or withdrawn.

S.14 rep. by 1976 NI 8 art.3(2)

Pensions to persons who have been Prime Minister.

MINISTERIAL SALARIES AND MEMBERS' PENSIONS ACT (NORTHERN IRELAND) 1965
- SECT 15

15.(1) Every person who ceases after the commencement of this Act
to be Prime Minister shall, subject to subsections (2) and (3), be
entitled to a pension at the rate of #2,000 per annum.

(2) No pension shall be payable under this section to any person
so long as he is in receipt of any salary payable out of moneys
provided by Parliament or the Parliament of the United Kingdom or
out of the Consolidated Fund or the Consolidated Fund of the United
Kingdom.

(3) Where a person to whom a pension is payable under this section
is entitled to any pension under the provisions of Part II of the
Ministerial Salaries and Members' Pensions Act 1965 or Part II of
the Ministerial Salaries and Members' Pensions Act (Northern Ireland)
1965, the payment of the pension under this section shall, if the
amount of the pension, or the aggregate amount of the pensions,
payable under those provisions is greater than or equal to the
amount of the pension payable under this section, be suspended and,
if less, the amount of the pension payable under this section shall
be diminished by the amount of the pension, or aggregate amount of
the pensions, payable under those provisions.

(4) Any pension payable under subsection (1) shall be charged on
and payable out of the Consolidated Fund.

S.16 amends s.1 of 1952 c.15 (NI)

MINISTERIAL SALARIES AND MEMBERS' PENSIONS ACT (NORTHERN IRELAND) 1965
- SECT 17
General financial provision.

17. Any increase attributable to any provision of this Act in the
sums which under any other enactment are charged on and paid out
of the Consolidated Fund or paid out of moneys provided by
Parliament shall be defrayed in the like manner as those sums are
by that enactment authorised or required to be defrayed.

MINISTERIAL SALARIES AND MEMBERS' PENSIONS ACT (NORTHERN IRELAND) 1965
- SECT 18
Interpretation.

18. In this Act

"actuary" means a Fellow of the Institute of Actuaries or a Fellow
of the Faculty of Actuaries in Scotland;

"the Fund" has the meaning assigned to it by section 3(2);

"the Ministry" has the meaning assigned to it by section 3(2).

MINISTERIAL SALARIES AND MEMBERS' PENSIONS ACT (NORTHERN IRELAND) 1965
- SECT 19
Short title and commencement.

19.(1) This Act may be cited as the Ministerial Salaries and
Members' Pensions Act (Northern Ireland) 1965.

(2) Commencement

Schedule 1 rep. by SI 1973/2163 art.14(2) sch.6

1. The Trustees shall be not more than five in number.

2. No person shall be appointed to be a Trustee unless he is a
Member of the House of Commons and, on ceasing to be a Member of
the House of Commons, a Trustee shall vacate his office.

3. The Trustees may act by a majority of those present at any
meeting of the Trustees at which a quorum is present.

4. The procedure of the Trustees shall subject to the provisions of
this Act be such as the Trustees may determine, and the quorum for
any meeting of the Trustees shall be three.

5. A direction of the Trustees shall continue in force until
revoked by a subsequent direction of the Trustees, notwithstanding
any changes in the persons who are Trustees and notwithstanding
that, by reason of a Dissolution of Parliament or any other reason,
there are for a time no Trustees.

6. The assets of the Fund shall be vested in the Ministry and all
sums payable to or out of the income or capital of the Fund shall
be paid to or by the Ministry.

7. The management of the Fund and the exercise of any power or
discretion exercisable in relation thereto shall be vested in the
Trustees.

8. The Ministry shall have the custody of all securities and
documents of title relating to the property of the Fund but the
Trustees shall have free access thereto and be entitled to take
copies thereof or extracts therefrom.

9. The Ministry shall concur in and perform all acts necessary to
enable the Trustees to exercise their powers of management or any
other power or discretion vested in them, unless the matter in
which the Ministry is requested to concur is a breach of trust or
involves a liability upon it in respect of calls or otherwise, but
unless it so concurs the Ministry shall not be liable for any act
or default on the part of the Trustees or any of them.

10. The Ministry, if it acts in good faith, shall not be liable
for accepting as correct and acting upon the faith of any statement
of the Trustees as to any matter of fact, nor for acting upon any
legal advice obtained by the Trustees independently of the Ministry,
nor for acting in accordance with any directions given by the
Ministry in writing and purporting to be signed by or on behalf of
the Trustees.

11. The Trustees may employ such officers and servants, if any, as
they think necessary in connection with the management of the Fund;
and the expenses of managing it, including any fee payable to the
Comptroller and Auditor-General and the remuneration and pensions, or
contributions towards the pensions, payable to or in respect of
officers and servants employed by the Trustees, shall be defrayed
out of the Fund.

12. The Trustees shall keep proper accounts, ..., and shall prepare
in respect of each financial year of the Fund statements of account
in such form and in such manner as the Comptroller and
Auditor-General may direct.

13. The Comptroller and Auditor-General shall examine and certify
every statement of account prepared under paragraph 12 and shall lay
a copy of every such statement, together with his report thereon,
before the House of Commons.

Paras. 14,15 rep. by 1976 NI 8 art.3(2)

1. In this Schedule "the deceased" means the person on whose death
a children's pension is or may be payable under section 9, and
"child" has the same meaning as in that section.

2. For the purposes of the said section 9 a child shall be
treated as within his period of full-time education while either

(a)he is receiving full-time instruction at any university, college,
school or other educational establishment; or

(b)he is undergoing full-time or substantially full-time training for
any trade, profession or vocation;

3. A child shall not be treated as a relevant child for the
purposes of the said section 9

(a)as being an illegitimate or adopted child of the deceased, if he
was born or adopted, as the case may be, after the termination of
the marriage or last marriage of the deceased;

(b)as being the child of a wife of the deceased, if he was born
or became her child after the termination of her marriage with the
deceased;

4. A child shall not be treated as a relevant child for the
purposes of the said section 9 as being

(a)the illegitimate child of the deceased; or

(b)a child of a wife of the deceased,

5. A female child shall not be treated as a relevant child for
the purposes of the said section 9, if, at the date of the death
of the deceased, she is married to or cohabiting with another
person; and a female child who thereafter marries or cohabits with
another person shall thereupon cease to be a relevant child unless
and until the Trustees, being satisfied that the marriage or
cohabitation has been terminated or that for exceptional reason it
is proper to do so, direct that she be so treated.

6. Where the deceased was a woman, no child of any marriage of
hers shall be a relevant child for the purposes of the said
section 9 if the father of the child was living at the death of
the deceased unless the Trustees for exceptional reasons direct that
the child be so treated.