
1 
Subject to the provisions of these Rules, a person—
(a) to whom a pension is
or has been granted under the Superannuation Acts, otherwise than on retirement
(from the civil service or other employment) on the ground of ill health,
and
(b) who, while serving in
the civil service, either was normally employed in the United Kingdom or was
a member of a grade in the service normally recruited there,
shall be allowed to make an allocation under this Rule in
favour of his spouse or a dependant of his:
Provided that a person whose pension
has been granted before the coming into operation of these Rules, and who
has married since the grant of his pension, shall not be allowed to make an
allocation under this Rule in favour of his spouse.
2 
Subject to the provisions of these Rules, a person—
(a) to whom a pension has
been granted under the Superannuation Acts, otherwise than on retirement (from
the civil service or other employment) on the ground of ill health, and
(b) who, while serving in
the civil service, either was normally employed in the United Kingdom or was
a member of a grade in the service normally recruited there, and
(c) who has married since
the grant of the pension and is under seventy years of age at the date of
notification in accordance with Rule 9
of these Rules,
shall be allowed to make an allocation under this Rule in
favour of his spouse.
3 

(1) Where a person makes
an allocation under these Rules in favour of his spouse, the Treasury may
grant to his spouse a pension which—
(a) if the person making
the allocation exercises the option to be known as Option A, shall be payable
in respect of the period, if any, for which the spouse survives the person
making the allocation, or
(b) if the person making
the allocation exercises the option to be known as Option B, shall be payable
in respect both of the period of their joint lives beginning with the date
as from which that person's allocation declaration has effect under paragraph (2) or paragraph (4) of Rule 23
of these Rules and of the period, if any, for which the spouse survives the
person making the allocation.
(2) Where a pension is payable
for the periods specified in paragraph (1)(b) of this Rule, the rate of pension
payable to the spouse during the second period shall be twice the rate payable
to the spouse during the first period.
(3) Where a person makes
an allocation under these Rules in favour of a dependant (other than a spouse),
the Treasury may grant to such dependant a pension which shall be payable
in respect of the period, if any, for which the dependant survives the person
making the allocation.
4 
The amount of pension payable for each £1 of a person's pension
surrendered by him shall be the amount, according to the age and sex of the
person making the allocation and the age and sex of the beneficiary, shown
in the appropriate Option Table in force at the date from which the person's
allocation declaration has effect under paragraph (2)
or paragraph
(4) of Rule 23 of these Rules.
5 
The pension of the beneficiaries shall be payable in arrear in
the same manner as the pension of the person making the allocation is or would
have been payable.
6 

(1) A person making an allocation
under Rule 1
of these Rules shall not surrender—
(a) more than one-third
of his pension; or
(b) so much of it as
would make the amount of pension (as reduced by the amount surrendered) payable
to him less than the amount of pension payable to the beneficiary after the
death of the peron making the allocation; or
(c) so much of it as
would make the amount of pension (as reduced by the amount surrendered) payable
to him less than his notional graduated retirement benefit; or
(d) an amount of his
pension which is not an exact number of pounds.
(2) A person making an allocation
under Rule 2
of these Rules shall not surrender—
(a) a greater part of
his pension than would, either alone or together with any part of his pension
of which a surrender has been allowed under Rule 1
of these Rules or under the Superannuation (Allocation of
Pension) Rules 1935  and has not been cancelled under section 30(2) of the Superannuation Act 1949,
amount to one-third of his pension; or
(b) so much of it as
would make the amount of pension (as reduced by the amount surrendered) payable
to him less than the amount of pension payable to the beneficiary after the
death of the person making the allocation; or
(c) so much of it as
would make the amount of pension (as reduced by the amount surrendered) payable
to him less than his national graduated retirement benefit; or
(d) an amount of his
pension which is not an exact number of pounds.
(3) Where a person has declared
a desire to surrender such part of his pension as would, either alone or together
with any part of his pension already surrendered under Rule 1 of these Rules or under
the Superannuation (Allocation of Pension) Rules
1935, exceed one-third of his pension, then
the Treasury may make an award as if he had declared a desire to surrender
the maximum amount which he is allowed to surrender under this Rule.
7 

(1) Any person who, being
in receipt of a pension, is, at the date of the coming into operation of these
Rules, eligible to make an allocation under Rule 1
of these Rules, but who was not eligible to make an allocation under the Superannuation (Allocation of Pension) Rules 1935,
shall be notified by the Treasury of the making of these Rules as soon as
possible thereafter, and, upon request, shall be supplied with a copy of these
Rules and of the Option Tables.
(2) Any person who, having
retired before the date of the coming into operation of these Rules, and being
eligible for the grant of a pension on the attainment of a certain age after
that date, will, if such pension is granted, become eligible to make an allocation
under Rule 1
of these Rules, shall, as soon as possible after he has applied for the grant
of such pension, be notified by the Treasury of the making of these Rules,
and, upon request, shall be supplied with a copy of these Rules and of the
Option Tables.
(3) Any person who retires
from the civil service after the date of the coming into operation of these
Rules, and, being eligible for the grant of a pension on the attainment of
a certain age after that date, will, if such pension is granted, become eligible
to make an allocation under Rule 1
of these Rules, shall on his retirement, and also, upon request, at any time
within six months before he attains that age, be supplied by the Department
with a copy of these Rules and of the Option Tables.
(4) Any person who retires
from the civil service after the coming into operation of these Rules, and,
being eligible for the grant of a pension on his retirement will, if such
pension is granted, become eligible to make an allocation under Rule 1 of these Rules, shall be
notified by the Department of the date, or probable date, of his retirement,
and shall at the same time be supplied with a copy of these Rules and of the
Option Tables.
(5) Where possible, in cases
of retirement on the ground of age, notification under paragraph (4) of this
Rule shall be given at least six months before the date, or probable date,
of retirement.
(6) Where in any case after
notification has been given to any person under paragraph (4) of this Rule,
the date, or probable date, of his retirement is altered, he shall be notified
by the Department of the alteration in the date of his retirement as soon
as possible after the altered date has been determined.
8 
For the purposes of enabling a person who, upon being granted a
pension, will be eligible to make an allocation to consider the question of
making an allocation, the Department shall, if so requested by that person
within six months before the date, or probable date, of the beginning of the
period in respect of which the pension will be payable, inform him as soon
as practicable of the provisional estimate made by the Treasury of the amount
of his pension and additional allowance (if any) and of any alteration in
that estimate, if any such alteration be subsequently made.
9 
Any person who is or becomes eligible to make an allocation shall,
if he desires to make such an allocation, notify the Department to that effect
and shall furnish to the Department on the form provided for the purpose the
particulars required thereby in respect of the beneficiary; and the beneficiary
shall write his signature in the appointed space on the form, unless the Treasury
dispense with his signature in accordance with paragraph (2) of Rule 14
of these Rules.
10 

(1) Upon receipt of the
particulars required to be furnished by Rule 9
of these Rules, the Department shall require the person concerned to furnish
at his own expense—
(a) a certified copy
of his birth certificate, except where the date of his birth is recorded in
his Civil Service Certificate and is not disputed; and
(b) with respect to
the beneficiary, a birth certificate, a marriage certificate (in the case
of a woman who has been married) and any other information or evidence which
the Department may consider necessary.
(2) If for any reason a
birth or marriage certificate cannot be supplied, the Department may, with
the consent of the Treasury, accept such evidence of birth or marriage as
it may think fit.
11 

(1) On receipt from a person
of notification, in accordance with Rule 9
of these Rules, of his desire to make an allocation and of the form referred
to in that Rule duly completed, the Department shall send to the Civil Service
Commissioners the person's sick leave record and shall request the Commissioners
to report whether, in their opinion, he is of good health, regard being had
to his age.
(2) For the purposes of
making their report, the Commissioners shall forthwith arrange for the person
concerned to be medically examined by a physician nominated by the Commissioners.

(3) If, on considering the
result of that examination, in conjunction with the person's sick leave record,
the Commissioners are not satisfied that he is of good health, they shall
notify him accordingly and shall offer him an opportunity of a further examination
by such one of their medical referees as they may select.
(4) The fee payable to any
physician or medical referee in respect of any medical examination under paragraph
(2) or (3) of this Rule shall be paid by the person examined at the time of
the examination.
(5) When, on considering
the result of the medical examinations provided for under paragraphs (2) and
(3) of this Rule in conjunction with the person's sick leave record, the Civil
Service Commissioners are not satisfied that he is of good health, but it
appears to the Commissioners that the disability from which he is suffering
may be temporary and that there is a good prospect that he would be shown
to be in good health if examined after a short interval, then the Treasury
may, at the request of the Commissioners, appoint a special closing date in
order that a further medical examination may be arranged accordingly at a
later date; and any fee required for such further medical examination shall
be paid by the Commissioners.
(6) If, as a result of an
examination by a medical referee made in accordance with paragraph (3) of
this Rule, the Civil Service Commissioners are of opinion that there is doubt
whether the person examined is of good health, they may offer him an opportunity
to be examined by a Medical Board of three members appointed by them.
(7) Where an examination
takes place in accordance with the last preceding paragraph, no fee in respect
thereof shall be payable by the person examined and the Treasury may appoint
a special closing date for the purposes of these Rules.
(8) If, after the Civil
Service Commissioners have decided, as a result of an examination by a medical
referee made in accordance with paragraph (3) of this Rule, that the person
examined is not of good health, that person produces to them a report, containing
a contrary opinion, made by a physician or surgeon of consultant standing
who had before him at the time he made the report a full statement of the
person's sick leave record, the Commissioners may offer the person concerned
an opportunity to be examined by a Medical Board constituted as provided in
paragraph (6) of this Rule, and for the purpose of enabling such examination
to take place the Treasury may appoint a special closing date for the purposes
of these Rules.
(9) When a person elects
to be examined by a Medical Board in accordance with the last preceding paragraph,
he shall, prior to such examination, pay to the Civil Service Commissioners
in respect thereof a fee of £6 6.0. (or such amount as may be prescribed
by the Commissioners, but not exceeding £6 6.0.); any such fee paid
by any person shall be repaid to him if, as a result of the examination by
the Medical Board, the Commissioners decide that he is of good health.
12 

(1) The decision of the
Civil Service Commissioners upon the question whether a person is of good
health shall be final and conclusive.
(2) The physician, and,
in the case of further examinations, the medical referee and the Medical Board,
shall make their reports direct to the Civil Service Commissioners, and neither
the contents of any such reports nor the reasons for the Commissioners' decision
shall be disclosed to the person who has been examined.
13 
If, in any case in which the Civil Service Commissioners report
that in their opinion a person is of good health, the date of that person's
retirement is postponed to a date more than three months after the date of
the Commissioners' report, the Treasury may, if they think fit, require him
to undergo such further medical examination as they may direct, but in that
event he shall not be required to pay any fees in respect of such further
medical examination.
14 

(1) If the Civil Service
Commissioners report to the Department that in their opinion a person is of
good health and the Department is satisfied with the evidence and particulars
furnished to it by that person in accordance with Rule 10
of these Rules, the Department shall request him to arrange for the beneficiary
to write his usual signature in duplicate in the presence of such officer
of the Department, or such other person, as the Department may nominate, and,
in deciding whom to nominate for that purpose, the Department shall, so far
as possible, have regard to the convenience of the beneficiary.
(2) Where it is shown to
the satisfaction of the Treasury that, by reason of the beneficiary's inability
through infirmity or other sufficient cause, he is unable to write his signature
as required by this Rule and by Rule 9
of these Rules, the Treasury may, if they think fit, dispense with the beneficiary's
signature, subject to such conditions as they may deem desirable.
15 
If the Department has no reason to doubt that the person who has
written his signature as required by Rule 14
of these Rules is the person named as the beneficiary in the particulars required
to be furnished by Rule 9
of these Rules, the Department shall notify the person desiring to make an
allocation that he may make an allocation declaration.
16 

(1) Every allocation declaration
shall be made in the form set out in Schedule 1
to these Rules, and shall be lodged with the Department before midnight of
the closing date.
(2) An allocation declaration
which is not lodged with the Department before midnight of the closing date,
or which does not comply with these Rules, shall be invalid.
(3) For the purposes of
these Rules, “closing date” means
—
(a) in the case
of a person who at the date of these Rules is eligible to make an allocation
under Rule 1
of these Rules, but who was not eligible to make an allocation under the Superannuation (Allocation of Pension) Rules 1935,
the last day of the period of six months beginning with the date on which
he was notified by the Treasury of the making of these Rules or the last day
of the period of three months beginning with the date on which he was supplied
with a copy of these Rules, whichever is the earlier;
(b) in the case
of any other person who is eligible to make an allocation under Rule 1 of these Rules, the day
preceding the first day in respect of which his pension is payable or, if
he was supplied by the Department with a copy of these Rules less than three
months before such first day as aforesaid, the last day of the period of three
months beginning with the date on which he was supplied with a copy of these
Rules; and
(c) in the case
of a person who is eligible to make an allocation under Rule 2 of these Rules, the last
day of the period of three months beginning with the date of his marriage:
Provided that where the
Treasury appoint a special closing date, either on the ground that as a result
of exceptional circumstances beyond the control of a person eligible to make
an allocation, it is not, or was not, practicable for that person to carry
through before the relevant date the steps necessary to enable him to make
an allocation, or on any other ground mentioned in these Rules, then the expression “closing
date” shall mean the date so appointed
by the Treasury.
17 
As soon as possible after the receipt of an allocation declaration
the Department shall inform the person concerned whether such declaration
is valid or invalid, and shall in the former case furnish him with a statement
or estimate of the pensions that will be payable to himself and to the beneficiary,
and in the latter case state the grounds upon which the declaration has been
held to be invalid.
18 

(1) A person who desires
to make an allocation under Rule 1
of these Rules, and who lodges an allocation declaration with the Department
before the beginning of the period in respect of which his pension is payable,
may cancel or amend that declaration by notice in writing lodged with the
Department on the form provided for the purpose at any time before midnight
on the day preceding the first day in respect of which his pension is payable,
but, save as is provided in Rule 19
of these Rules, he may not cancel or amend his allocation declaration after
that time.
(2) Save as is provided
in Rule 19 of these
Rules, an allocation declaration which is lodged with the Department after
the beginning of the period in respect of which the pension of the person
making the declaration is payable may not be cancelled or amended.
19 
Where a person who, in accordance with Rule 8
of these Rules, has been informed of the provisional estimate made by the
Treasury of the amount of his pension and additional allowance (if any) is
subsequently notified by the Department of an alteration in the amount, or
the estimated amount, of his pension less than fourteen days before the closing
date, or after the closing date but within six months after the beginning
of the period in respect of which his pension is payable, he may, if he has
already made a valid allocation declaration, amend that declaration by notice
in writing on the form provided for the purpose lodged with the Department
before midnight of the fourteenth day after the receipt of such notification:

Provided that no notice of an
amendment of an allocation declaration may be lodged with the Department after
the closing date—
(a) except for
the purpose of increasing or decreasing the amount of the pension to be surrendered
by an amount not exceeding the increase or decrease (to the nearest pound)
in the amount, or the estimated amount, of pension previously notified to
such person in accordance with Rule 8
of these Rules; or
(b) in any case,
in respect of any alteration of the amount, or the estimated amount, of pension
resulting from a decision affecting all, or a particular category of, civil
service pensioners.
20 
An amendment of an allocation declaration shall not be valid if
the allocation declaration as so amended does not comply with these Rules.

21 
If any notice, declaration or other document is sent through the
post, it shall not be deemed to be lodged with the Department within the time
prescribed by these Rules unless it is posted at a time which will normally
ensure its due delivery within the time so prescribed.
22 
Where a person has been informed, in pursuance of Rule 17 of these Rules, that an
allocation declaration made by him is valid, that declaration shall remain
valid, unless cancelled or amended by him in the manner and within the period
permitted by these Rules, notwithstanding that, as the result of a subsequent
alteration of the amount, or estimated amount, of his pension, the amount
of pension to be surrendered no longer complies with Rule 6 of these Rules.
23 

(1) An allocation declaration
made by a person making an allocation under Rule 1
of these Rules shall become null and void if either that person or the beneficiary
dies before midnight on the day preceding the first day in respect of which
that person's pension is payable or before midnight on the day on which the
allocation declaration is lodged with the Department, whichever day is the
later.
(2) Subject to the last
preceding paragraph, an allocation declaration made by a person making an
allocation under Rule 1
of these Rules shall have effect—
(a) in the case of a
person whose pension is granted on or after 29th April 1965, as from the first
day in respect of which his pension is payable; and
(b) in the case of a
person whose pension was granted before 29th April 1965, as from the date
on which his allocation declaration is lodged with the Department.
(3) An allocation declaration
made by a person making an allocation under Rule 2
of these Rules shall become null and void if either that person or the beneficiary
dies before midnight on the day on which the allocation declaration is lodged
with the Department.
(4) Subject to the last
preceding paragraph, an allocation declaration made by a person making an
allocation under Rule 2
of these Rules shall have effect as from the date of the marriage of the person
making the allocation.
(5) Where as the result
of effect being given to an allocation declaration lodged with the Department
after the beginning of the period in respect of which the pension of the person
making the allocation is payable or after his marriage, as the case may be,
any overpayment of pension has been made to him or a beneficiary, such overpayment
shall be brought into account on the next payment or payments of pension to
the person concerned.
24 
Where a person eligible to make an allocation is serving or resident
outside the United Kingdom, the Treasury may appoint a special closing date
for the purposes of these Rules where, owing to circumstances beyond his control
and arising out of his serving or residence abroad, they are satisfied that
the person concerned will not have a reasonable opportunity of carrying through
in due time all the steps necessary to enable him to make an allocation.
25 
Where a person, having served in the permanent civil service of
the State, is transferred to some other employment, and will, if he retires
from that employment in certain circumstances, be qualified for a superannuation
allowance under the Superannuation Acts in respect of his service in the civil
service, the Department in which he was serving immediately before his transfer
shall, upon such transfer, and also, if requested so to do, at any time within
six months before his retirement from his other employment, supply him with
a copy of these Rules and of the Option Tables in force; and, for the purpose
of the application of these Rules to that person, that Department shall be
deemed to be the Department.
26 

(1) In these Rules, unless
the context otherwise requires, the following expressions have the meanings
hereby respectively assigned to them, that is to say:—
 “beneficiary” means the person in whose favour an allocation is made;
 “closing date” has the meaning assigned to it by Rule 16(3)
of these Rules;
 “the Department” means, in relation to any person, the Department in which he is serving
or, as the case may be, in which he last served before his retirement;

 “lodged with the Department”
 means—
(a) in the case of a person who, not being the
head officer or sole officer, is serving at or attached to an office or establishment
away from the headquarters of a Department, lodged with the head officer,
or, if he is absent, the person acting as the head officer of such office
or establishment; and
(b) in any other case, lodged with the head of the Department
at the headquarters of the Department;
 “make an allocation”
means surrender a part of a pension under these Rules
;
 “notional graduated retirement
benefit” means, in relation to
any person, the amount of the minimum rate of equivalent pension benefits
applicable, under the provisions of Part II of the National Insurance Act 1959
as amended from time to time, in respect of so much of the period of service
in respect of which that person's pension is payable as is service in a non-participating
employment within the meaning of section 7(2)
of that Act;
 “Option Tables” means the tables prepared by the Government Actuary under section 2 of the Superannuation Act 1935
and section 33 of the Superannuation Act 1949
and for the time being in force;
 “pension” means 
an annual pension and, in relation to a person eligible to make an allocation
under these Rules; means an annual superannuation, compensation or retiring
allowance under the Superannuation Acts;
 “the Superannuation Acts”
means the Superannuation Acts 1834 to 1965 and any Act
amending those Acts.
(2) For the purposes of
the references in these Rules to the beginning of the period in respect of
which a pension is payable or to the first day in respect of which a pension
is payable, any suspension of a pension under section 20 of the Superannuation Act 1834
(re-employment of persons in receipt of pensions) shall be disregarded.
(3) The Interpretation Act 1889
shall apply for the interpretation of these Rules as it applies for the interpretation
of an Act of Parliament, and as if these Rules and the Rules hereby revoked
were Acts of Parliament.
27 

(1) The Rules specified
in Schedule 2 to
these Rules are hereby revoked.
(2) The revocation of any
Rules by these Rules shall not affect any pension granted before the coming
into operation of these Rules.
(3) In so far as any surrender,
report, examination, appointment, decision, election, request, nomination,
declaration or amendment made, notification or notice given, particulars furnished,
or other thing done, under any Rules revoked by these Rules could have been
made, given, furnished or done under a corresponding provision of these Rules,
it shall not be invalidated by the revocation, but shall have effect as if
made, given, furnished or done under that corresponding provision.
(4) Where a period of time
specified in any Rules revoked by these Rules is current on the coming into
operation of these Rules, these Rules shall have effect as if the corresponding
provision thereof had been in force when that period began to run.
(5) The mention of particular
matters in this Rule shall be without prejudice to the general application
of section 38 of the Interpretation Act 1889
as it applies for the interpretation of these Rules.
28 
These Rules may be cited as the Superannuation (Allocation of Pension)
Rules 1965, and shall come into operation on 10th June 1965.
G. H. R. Rogers
J. McCann
Two of the Lords Commissioners of Her Majesty's Treasury
31st May 1965
SCHEDULE 1
Rule 16

SCHEDULE 2
Rule 27


Rules revoked References
The Superannuation (Allocation of Pension) Rules 1935. S.R. & O. 1935/854 (Rev.XVII, p.533:1935, p.1352).

The Superannuation (Allocation of Pension) Rules 1946. S.R. & O. 1946/503 (Rev. XVII, p.539:1946 I, p.1240).

The Superannuation (Allocation of Pension) Rules 1950. S.I. 1950/741 (1950 II, p.220).
The Superannuation (Allocation of Pension) (Amendment) Rules
1963. S.I. 1963/356 (1963 I, p.299).
The Superannuation (Allocation of Pension) (Amendment) (No.2)
Rules 1963. S.I. 1963/364 (1963 I, p.300).
The Superannuation (Allocation of Pension) (Amendment) (No.3)
Rules 1963. S.I. 1963/1820 (1963 III, p.3413).
The Superannuation (Allocation of Pension) (Amendment) (No.4)
Rules 1963. S.I. 1963/1822 (1963 III, p.3414).