
PART I
1 
These Regulations may be cited as the Overseas Service Pensions
(Scheme and Fund) Regulations 1966 and shall come into operation on 1st January
1967.
2 

(1) In these Regulations
unless the context otherwise requires—
 “contributor” means a person who has become a participant in the Scheme under regulation 12 and, save as otherwise
provided in these Regulations, includes a person who has ceased to contribute
to the Scheme but has not elected to receive a refund of the contributions
which he has paid to the Scheme;
 “contributory service”
means any period in respect of which contributions to
the Scheme are made by a contributor;
 “Crown Agents” means the Crown Agents for Oversea Governments and Administrations;

 “Medical Adviser” means any duly registered medical practitioner appointed or approved by
the Minister for the purposes of the Scheme;
 “on medical grounds”
in relation to the retirement of a contributor means 
that he is deemed by the Minister to be incapable by reason of any infirmity
of mind or body of discharging the duties of his office in overseas service
and that such infirmity is likely to be permanent;
 “the Minister” means the Minister of Overseas Development;
 “pension age” means sixty years or, in the case of a contributor to whom regulation 24 applies, fifty-five
years;
 “the rate of the pension of the
deceased” means the annual rate
of the pension and additional pension for which the contributor was eligible
under these Regulations (whether such pension or additional pension had actually
been granted or not) and includes any additional pension granted as a provisional
award: Provided that where a contributor dies while in contributory service
he shall be deemed to have been granted with effect from the day following
the date of his death a pension under regulation 23 or regulation 24,
as applicable, and an additional pension under regulation 27
as if he were suffering some permanent impairment of his capacity to contribute
to his own support and the Minister had determined that such capacity was
totally destroyed;
 “the Scheme” means the Overseas Service Pensions Scheme established by these Regulations
.
(2) The Interpretation Act 1889
applies for the interpretation of these Regulations as it applies for the
interpretation of an Act of Parliament.
(3) References in these
Regulations to any enactment, regulations, rules, scheme or other instrument
shall, except where the context otherwise requires, be construed as references
to the said enactment, regulations, rules, scheme or other instrument as amended,
extended or applied by or under any other enactment, regulations, rules, scheme
or instrument.
(4) References in these
Regulations to a regulation or to a Part or to a Schedule shall, unless the
context otherwise requires, be construed as references to a regulation of
these Regulations or to a Part of these Regulations or to a Schedule annexed
to these Regulations, as the case may be.
(5) 
(a) Any reference
in these Regulations, whether express or implied, to an adopted child of a
person shall be construed as a reference to a child adopted by him (whether
alone or jointly with any other person) in pursuance of an adoption order
made under the Adoption Act 1958
or any corresponding enactment of the Parliament of Northern Ireland, or (provided
that the adoption proceedings terminate in an adoption order in favour of
the spouse of that person) in process of being so adopted, or adopted, or
(provided as aforesaid) in process of being adopted by him (whether alone
or jointly with any other person) in accordance with the law of the place
where he was domiciled at the time of the adoption or intended adoption and
references, whether express or implied, to a person by whom a child has been
adopted shall be construed accordingly; and any reference to an adoption order
made under the Adoption Act 1958
shall be construed as including a reference to any Act repealed by the Adoption Act 1958 or by the Adoption Act 1950
or to the corresponding provisions of any Act so repealed.
(b) A person shall
be deemed for t he purposes of these Regulations to be in his period of childhood
and full-time education if either—
(i) he is under
the age of sixteen, or
(ii) he has
since attaining the age of sixteen continuously received and is receiving
full-time instruction at any university, college, school or other educational
establishment, or is undertaking training for any trade, profession or vocation
in such circumstances that he devotes his whole time to that education or
to that training by attending a course of which the duration is not less than
two years and, while he is undertaking the training, the emoluments receivable
by him or payable by the employer in respect of him, exclusive of any emoluments
receivable or payable by way of return of any premium paid in respect of the
training, do not exceed £115 per annum, or if greater than £115
per annum, such other sum as shall from time to time have effect for the purposes
of section 212(4)
of the Income
Tax Act 1952.
(c) In relation to
any period during which the conditions specified in subparagraph (b)(ii) of this paragraph
are not satisfied in respect of a person, the Minister may, if he thinks fit
and is satisfied that the person's full-time education ought not to be regarded
as completed, direct either—
(i) that the
period shall be treated for the purposes of that paragraph as if such conditions
were satisfied, or
(ii) that the
period shall be treated for the purposes of that paragraph as if such conditions
were satisfied and shall also be treated as part of his full-time education
for all the other purposes of these Regulations.
(6) 
(a) Subject to the
provision of this paragraph, references in these Regulations to salary shall
be construed as references to—
(i) the annual
salary attached to the office held by the contributor, and
(ii) any other
allowance enjoyed by the contributor and approved for the purposes of the
Scheme by the Minister.
(b) Where any contributor
is in receipt of any salary or emoluments of office which, in the opinion
of the Minister, have been fixed having regard to the absence in his terms
and conditions of employment of any provision for superannuation benefits,
the Minister may determine the amount of the contributor's salary to be taken
for the purposes of the Scheme.
(c) A contributor
may on becoming a contributor to the Scheme elect that for the purposes of
the Scheme his salary shall be an amount less than the amount prescribed by sub-paragraph (a) or sub-paragraph (b) of this paragraph:
Provided that—

(i) 
the amount for which he elects shall be a multiple of £100;
(ii) 
the amount shall not be less than £1,000;
(iii) 
the contributor may at any anniversary of his election elect to increase or
decrease the amount by any multiple of £100 to an amount not exceeding
his salary and not less than £1,000.
PART II
3 
There is hereby established an Overseas Service Pensions Scheme
which shall be administered in accordance with the provisions of these Regulations.

4 
The Scheme shall be managed by the Crown Agents.
5 

(1) 
There is hereby established an Advisory Board, to be known as the Overseas
Service Pensions Scheme Advisory Board (hereinafter referred to as “the Board”
), to advise the Minister on matters relating to the administration
of the Scheme.
(2) 
(a) The Board shall
consist of a Chairman and three or more members, all of whom shall be appointed
by the Minister for such period and subject to such conditions as the Minister
may determine:Provided that at least
one member shall be representative of the interests of the contributors to
the Scheme. The Chairman or any member shall be eligible for re-appointment.

(b) For the avoidance
of doubt it is hereby declared that a member of the Board appointed to represent
the interests of the contributors to the Scheme need not himself be a contributor
to the Scheme.
6 

(1) 
As from the date of commencement of these Regulations there shall be established
an Overseas Service Pensions Fund (hereinafter referred to as “the Fund”
) for the purposes of the Scheme.
(2) There shall be carried
to the credit of the Fund—
(a) all contributions
made for the purposes of the Scheme; and
(b) all sums received
by way of dividends, interest and other income received out of the investment
or use of the Fund or any part thereof.
7 

(1) Two accounts shall
be maintained for the Fund, to be called the General Account and the Investment
Account.
(2) There shall be paid
into or transferred to the General Account—
(a) all contributions,
and
(b) such sum or
sums as may be required to prevent a deficiency from arising on the General
Account and which may be authorised by the Minister to be transferred from
the Investment Account.
(3) There shall be paid
into or transferred to the Investment Account from time to time during each
accounting year—
(a) a sum or sums
equal to the aggregate of the net proceeds of all contributions paid under
the provisions of the Scheme, less such sums as are necessary to pay the pensions
and any sums payable under the provisions of the Scheme;
(b) the net proceeds
of all dividends, interest and other income arising out of the investment
or use of the Investment Account or any part thereof; and
(c) any other sums
relating to the Fund received by the Crown Agents.
(4) Subject to the provisions
of regulation 8,
there shall be paid out of the General Account the pensions and any sums payable
under the provisions of the Scheme.
(5) There shall be paid
by or on behalf of the Crown Agents from the Investment Account such sums
as are required to negotiate the investment of securities and such sum or
sums as may be required to prevent a deficiency from arising on the General
Account.
8 

(1) The Crown Agents
shall be responsible for the general management of the Scheme, including—

(a) receiving contributions
and paying an amount equal to the aggregate of such contributions to the credit
of the General Account;
(b) maintaining
a record of the contributions paid and of the valid elections;
(c) the award of
pensions;
(d) paying out of
the General Account the pensions payable under the provisions of these Regulations,
sums equal to the amounts of the periodical contributions to be returned under
the provisions of these Regulations, with interest where payable, and sums
payable under regulations 25, 32 and 33;
and
(e) performing such
consequential, ancillary and incidental functions as appear to them to be
necessary or expedient for the carrying out of the purposes of the Scheme.

(2) The expenses of
the general management of the Scheme shall be paid from the Fund.
(3) The Crown Agents
shall furnish the Minister and the Advisory Board annually with a report on
the administration of the Scheme.
9 
Any moneys in the Investment Account may be deposited at interest
in the Joint Consolidated Fund managed by the Crown Agents or may be invested
by the Crown Agents in such stocks, shares, debentures, debenture stocks,
funds or securities in which a trustee is authorised to invest by any law
for the time being in force in the United Kingdom:
Provided that the value at
cost of all securities invested in preference, preferred or ordinary stocks
and shares shall not, unless the Minister otherwise directs, exceed 50 per
cent. of the total value at cost of the assets of the fund:
Provided further that not
more than 10 per cent. of the said total value shall be invested in the stocks
or shares of any company which are not quoted on any recognised Stock Exchange
in the United Kingdom. A Certificate of the Auditors shall be conclusive as
to the compliance by the Crown Agents with the requirements of this regulation.

10 

(1) The Crown Agents
shall cause to be prepared, in a form to be approved by the Minister, full
and true accounts of all sums of money received and expended by them for the
purposes of the Scheme and shall furnish such accounts to the Board.
(2) The Fund shall
be balanced as soon as may be following the end of each accounting year.
(3) The accounts for
each accounting year relating to the Investment Account, together with all
the relative vouchers, shall be delivered, not later than three months following
the end of that accounting year, for audit in such manner as the Minister
may direct.
(4) The Minister shall
cause the General Account to be submitted for audit not later than three months
following the end of each accounting year.
11 

(1) The Minister shall
cause an actuarial valuation of the assets and liabilities of the Fund to
be made by the Government Actuary at the end of the accounting year ending
on 30th September 1971 and of every fifth subsequent accounting year. The
Government Actuary shall report his findings to the Minister and shall include
in his report recommendations as the case may require for the making good
of any deficiency or for the disposal of any surplus.
(2) Where on such valuation
the Government Actuary certifies that a deficiency or a disposable surplus
is disclosed, the Minister, after consultation with the Advisory Board, may
with the approval of the Treasury make Regulations to amend the provisions
of the Scheme whether by alteration of the rates of benefits or of the rates
of contributions or otherwise.
PART III
12 

(1) 
Any person from the United Kingdom or the Republic of Ireland employed in
an overseas territory in public or social service under or by such authority
or body corporate established in that territory or an authority or body corporate
so established of such a class as the Minister shall from time to time direct
(hereinafter referred to as “overseas service”) may
apply to the Minister to participate in the Scheme. The Minister may require
to be satisfied as to the health of the applicant. If the Minister approves
the application the applicant shall become a contributor to the Fund with
effect from the date of commencement of these Regulations or the date on which
his current tour of overseas service began, whichever is the later.

(2) Any person appointed,
or any person not being a contributor reappointed, to overseas service after
the date of commencement of these Regulations who did not become a contributor
on such appointment or re-appointment may apply to the Minister to participate
in the Scheme at any time after such appointment or re-appointment and if
the Minister is satisfied as to the health of the applicant and approves the
application such person shall become a contributor to the Scheme with effect
from—
(a) the date on
which his current tour began, or
(b) the date of
his application,whichever the person notifies to the Crown Agents.
(3) No person shall
be eligible to apply to participate in the Scheme if he has attained an age
which is within five years of the pension age applicable to him.
(4) Overseas service
for the purpose of these Regulations shall be deemed to include periods of
earned leave in respect of contributory service overseas.
13 
Subject as hereinafter provided normal contributions shall be at
the rates specified in Schedule 1, Table A,
and shall be paid, in respect of any period of overseas service, monthly from
the date on which the person becomes a contributor to the Scheme until the
date on which his overseas service terminates or until the termination of
such further period during which the contributor is permitted to contribute
under regulation 15(1):

Provided that no contributions
shall be paid by or in respect of a contributor after he attains the pension
age.
14 

(1) Where a contributor
has elected to have regulation 24
applied to him contributions shall be paid monthly at the rate specified in Schedule 2, Table A, in lieu of
those specified in Schedule 1, Table A.

(2) Where a contributor
to whom regulation 13
or paragraph (1)
of this regulation applies has elected to have regulation 29(4)
applied to him, contributions shall be paid monthly at the rate specified
in Table B of Schedule 1 or Table B of Schedule 2,
as the case may be.
15 

(1) Where a contributor
who has not attained the pension age leaves overseas service, he may, if he
so elects within three months after the termination of such service and subject
to the discretion of the Minister, continue to contribute at his own expense
to the Scheme for a further period ending on—
(a) the date of
expiry of five years from his leaving overseas service, or
(b) the date on
which he attains the pension age, or
(c) the date of
his re-appointment to overseas service,whichever is the earliest.
(2) Contributions
payable under this regulation shall be related to the salary last taken for
the purposes of contributions payable during his overseas service.
16 
Contributions shall continue to be payable whether the contributor
is in receipt of full or part salary and shall in either case be based on
the salary last taken for the purposes of contributions to the Fund. No contributions
shall be payable in respect of any period of overseas service in respect of
which no salary is payable to a contributor.
17 

(1) Where a contributor
leaves overseas service before attaining the pension age (otherwise than on
medical grounds), he may elect at any time thereafter to receive a refund
of the contributions which he has paid to the Scheme.
(2) If a contributor
elects to receive a refund of contributions under these Regulations he shall
cease to rank for benefit under the Scheme as from the date of the receipt
of his election.
(3) Where a contributor
is dismissed from overseas service whether before or after attaining the pension
age, he shall not be entitled at any time thereafter to receive a fund of
the contributions which he has paid to the Scheme, or any part thereof, unless
the Minister so directs.
18 

(1) Where a male contributor
is granted a pension under regulations 23, 24
or 26
and—
(a) has been a
bachelor throughout the period for which the Scheme has applied to him; or

(b) he has no
wife or children when the aforesaid pension is granted,the whole of the contributions paid by him which on the advice
of the Government Actuary were attributable to the provision of pensions under regulation 28 shall be returned
to him:Provided that if the
contributor had had a wife or children during the period the Scheme applied
to him no refund shall be made in respect of any period prior to the date
on which he last had such a wife or children.
(2) Where a female
contributor is granted a pension under regulations 23, 24
or 26
the whole of the contributions paid by her which on the advice of the Government
Actuary were attributable to the provision of pensions under regulation 28 shall be returned
to her.
19 
If a contributor who has ceased to contribute to the Scheme and
has not elected to receive a refund of contributions under regulation 17 attains the pension
age and is not eligible for the grant of a pension under the Scheme or not
having completed five years contributory service dies before that age, there
shall be refunded to him or to his personal representatives the whole of the
contributions paid by him to the Scheme.
20 
Where contributions are repaid under regulations 17, 18 or 19,
compound interest shall be added thereto at the rate of three per centum per
annum with yearly rests and shall be calculated in the case of each contribution
from the 1st January in the year following the year in which that contribution
was paid to the end of the period of contributory service.
21 
Notwithstanding anything contained in these Regulations—

(a) the whole of the
contributions at the rates specified in Schedule 1, Table A,
payable to the Scheme by a member of the Corps of Specialists; and
(b) such part of the
contributions payable to the Scheme by persons employed by the Minister on
technical assistance terms as may be approved by the Treasury,
shall be payable by the Minister:
Provided that—
(a) this
regulation shall not apply to contributions payable under regulation 15 (contributions after
leaving overseas service); and
(b) where
a member of the Corps of Specialists elects to have regulation 24 or paragraph (4) of regulation 29
or both such regulation and such paragraph applied to him, he shall himself
pay the difference between the rates of contributions specified in Schedule 1, Table A, and the rates
of contributions specified in Schedule 1, Table B, Schedule 2, Table A,
or Schedule
2, Table B, as the case may be.
22 
For avoidance of doubt it is hereby declared that in regulations 17, 18, 19 and 32
references to contributions paid by a contributor do not include references
to contributions paid wholly or partly by the Minister in pursuance of regulation 21.
PART IV
23 

(1) Where a contributor
has paid normal contributions under regulation 13
and has completed not less than five years contributory service a pension
shall be granted to him on his attaining the age of sixty years, or, if he
attains that age during the currency of a contract for overseas service, on
the date following the date of termination of that contract, whichever is
the later, at the annual rate of one-fiftieth of his aggregate salary throughout
his contributory service.
(2) The salary of a
contributor who elects to continue contributions after termination of overseas
service under the provisions of regulation 15
shall, for the purpose of this regulation, be regarded as having continued
to be his salary last taken during his overseas service.
(3) For the purposes
of this regulation and regulation 24,
the date of termination of a contract which contains provisions for its own
extension or renewal shall be the date on which it would terminate if not
extended or renewed, or, as the case may be, further extended or renewed.

24 

(1) A contributor may
at the time he becomes a participant in the Scheme elect to have this regulation
applied to him instead of being subject to regulation 23.

(2) A contributor to
whom this regulation applies who has paid special contributions under regulation 14(1) and who has completed
not less than five years contributory service shall be granted a pension calculated
in the manner prescribed in regulation 23
on attaining the age of fifty-five years, or, if he attains that age during
the currency of a contract for overseas service, on the date following the
date of termination of that contract, whichever is the later.
25 
Where a contributor with less than five years contributory service
leaves overseas service on medical grounds he shall be granted an amount equal
to ten per centum of his annual rate of salary at the termination of his contributory
service in respect of each completed year of contributory service, subject
to a minimum amount of thirty per centum of such annual rate of salary:
Provided that if such amount
is less than the amount of the contributions which have been paid to the Scheme
in respect of that contributor (including contributions paid wholly or partly
by the Minister under regulation 21),
together with compound interest calculated in the manner prescribed in regulation 20, he may, in addition
to the former amount, be granted the amount of the difference.
26 
Where a contributor with at least five years contributory service
leaves overseas service on medical grounds he shall be granted a pension on
his so leaving at the annual rate of one-fiftieth of his aggregate salary
throughout his contributory service.
27 

(1) Where a contributor
to whom regulation 26
applies has completed less than fifteen years contributory service and suffers
some permanent impairment of his capacity to contribute to his own support
he shall be granted an additional pension, according to the degree of such
impairment, not exceeding an annual rate of two per centum of his annual rate
of salary during his last completed year of contributory service, in respect
of each year of the number of years specified in the last column of the following
table—

Where the contributor
has completed contributory service of: Years
Not less than 5 years but under 11 years 5
Not less than 11 years but under 12 years 4
Not less than 12 years but under 13 years 3
Not less than 13 years but under 14 years 2
Not less than 14 years but under 15 years 1:Provided that—

(a) 
the number of years shall not exceed the number of completed years which,
if they were years of contributory service consecutive on his actual contributory
service, would extend his contributory service beyond the pension age; and

(b) 
the aggregate period of years of actual contributory service plus the number
of years specified in the table shall not exceed fifteen.
(2) In respect of a
contributor to whom this regulation applies the degree of impairment of his
capacity to contribute to his own support shall be determined by the Minister
at his discretion after consultation with the Medical Adviser and shall be
subject to regular review. Where the capacity is totally destroyed the full
additional pension shall be paid. Where such capacity is not totally destroyed
the additional pension shall be reduced according to the degree of impairment
specified in the following table:

Degree of Impairment Reduction in Additional Pension

Slightly impaired Three-quarters.
Impaired One-half.
Materially impaired One-quarter.
(3) If for the purposes
of determining the rate of the additional pension to a contributor the degree
of permanent impairment of his capacity to contribute to his own support is
in doubt, the Minister shall make a provisional award to have effect until
such time as the degree of permanent impairment can be determined.
28 
Subject to the provisions of these Regulations,
there shall be granted on the death of a male contributor (hereinafter referred
to as 
“the deceased”) who has completed not less than
five years contributory service, in respect of his contributory service—
(a) where he leaves a widow,
a pension to that widow (in these Regulations referred to as a “widow's pension”
); and
(b) where he
had a wife (whether or not the marriage continued until his death and whether
or not a widow's pension is or can be granted), a pension for the benefit
of the children of the marriage, and, subject to regulation 30,
of other children of his or hers (in these Regulations referred to as “a children's
pension”):
Provided that any marriage
of the deceased which takes place after he has become eligible for a grant
of a pension under these Regulations (whether such pension had actually been
granted or not) shall be left out of account for the purposes of these Regulations
and any reference in these Regulations to a marriage, a wife or the children
of the deceased shall be construed accordingly.
29 

(1) A widow's pension
shall not be granted if—
(a) the widow was
at the time of the deceased's death cohabiting with a person other than the
deceased; or
(b) after the death
of the deceased the widow remarries or cohabits with any person,and if, after the grant of a widow's pension, the widow remarries
or cohabits with any person, the pension shall cease as from the date of the
remarriage or the commencement of the cohabitation:Provided that where—

(i) 
a pension is withheld or ceases under this paragraph; and
(ii) 
the Minister is satisfied at a subsequent date that the marriage or cohabitation
has come to an end or that there are compassionate grounds for the payment
of the pension notwithstanding the marriage,the Minister may, if he thinks fit, grant or regrant the pension
as from that date.
(2) Subject to the
provisions of paragraph (1) of this regulation, a widow's pension shall be
paid in respect of the whole period from the death of the deceased to the
death of the widow.
(3) In respect of a
contributor who has paid normal contributions under regulation 13 the annual rate
of a widow's pension shall amount to one-third of the rate of the pension
of the deceased.
(4) In respect of a
contributor who at the time he becomes a participant in the Scheme elects
to have this paragraph applied to him instead of paragraph (3) of this regulation
and has paid contributions under regulation 14(2),
the annual rate of a widow's pension shall amount to one-half of the rate
of the pension of the deceased.
30 

(1) A children's pension
shall be granted if and be paid so long as and whenever there are persons
for whose benefit it may enure.
(2) Subject to the
provisions of these Regulations, the persons for whose benefit a children's
pension may enure are the children of the deceased or of any wife of his who
are for the time being in their period of childhood and full-time education.

(3) A children's pension
shall not enure—
(a) for the benefit
of any illegitimate or adopted child of the deceased, if he was born, or,
as the case may be, adopted, after the termination of the deceased's last
marriage or after the deceased had attained the pension age; or
(b) for the benefit
of any child of a wife of the deceased, if he was born or became her child
after the termination of the marriage or after the deceased had attained the
pension age.
(4) A children's pension
shall not be granted for the benefit of any person who is—
(a) an illegitimate
child of the deceased; or
(b) a stepchild
of the deceased and a child of a wife of his; or
(c) a stepchild,
adopted child or illegitimate child of a wife of the deceased,unless the Minister is satisfied that he was wholly or mainly dependent
on the deceased at the time of his death.
(5) A children's pension
shall not enure for the benefit of a female person who at the time of the
death of the deceased was married or was cohabiting with any person, and if,
after the death of the deceased, a female person marries or cohabits with
any person, she shall thereupon cease to be a person for whose benefit a children's
pension may enure:Provided that where—

(a) 
a pension is withheld or ceases by virtue of this paragraph; and
(b) 
the Minister is satisfied at a subsequent date that the marriage or cohabitation
has come to an end or that there are compassionate grounds for reinstating
the pension notwithstanding the marriage, the Minister may, if he thinks fit,
grant the pension, or, as the case may be, permit the pension to enure for
her benefit as from that date.
31 

(1) Only one children's
pension shall be granted in respect of the service of any one person, but—

(a) the rate thereof
may vary according to the number of persons for whose benefit it may for the
time being enure; and
(b) it shall be
paid to such person or persons as the Minister may from time to time direct,
and different parts thereof may be directed to be paid to different persons;
and
(c) the person
to whom all or any part thereof is paid shall apply the sum paid to him, without
distinction, for the benefit of all the persons for whose benefit the pension
may for the time being enure or for the benefit of such of them as the Minister
may from time to time direct.
(2) Subject to the
provisions of paragraph (4), where the deceased leaves a widow, the annual
rate of a children's pension during her life—
(a) while the said
persons are three or more in number, may amount to fifty per centum of the
rate of the widow's pension;
(b) while the said
persons are two in number, may amount to forty per centum of the rate of the
widow's pension;
(c) while there
is only one such person, may amount to twenty per centum of the rate of the
widow's pension:Provided that—

(i) 
where all the persons for whose benefit a children's pension may enure were
at the time of the death of the deceased in the care of some person other
than the widow, the Minister may, if he thinks fit, direct that paragraph
(3) of this regulation shall apply notwithstanding that the widow is still
alive; and
(ii) 
where some but not all of those persons were at that time in the care of some
person other than the widow, the annual rate of the children's pension may,
if the Minister thinks fit, amount to the sum of the rate to which it might
have amounted if those persons were left out of account and the rate to which
it might have amounted if the widow were dead and the other persons were left
out of account, so, however, that in no case shall the annual rate of the
pension amount to more than one hundred and twenty per centum of the rate
of the widow's pension.
(3) Where the deceased
leaves no widow, or, if he leaves a widow, after her death, the annual rate
of a children's pension may amount—
(a) while the persons
for whose benefit it may enure are three or more in number, to one hundred
and twenty per centum of the rate of the widow's pension;
(b) while the said
persons are two in number, to the rate of the widow's pension;
(c) while there
is only one such person, to seventy five per centum of the rate of the widow's
pension.
(4) Notwithstanding
anything in the preceding provisions of this regulation, where the deceased
leaves a widow and no widow's pension is granted to her or, if one is granted
to her, it ceases to be paid before her death, no children's pension shall
be payable in respect of any period comprised within the lifetime of the widow
or within the time in respect of which no widow's pension is payable, as the
case may be, unless the Minister specially directs that such a pension shall
be so payable. If the Minister does specially so direct, he may, if he thinks
fit, further direct that a pension, at a rate not exceeding whichever of those
prescribed in paragraph (3) of this regulation may be appropriate, shall apply
as respects any such period notwithstanding that the widow may be alive.
(5) For the purpose
of this regulation the expression “the rate of the widow's pension”
 means the annual rate of the widow's
pension prescribed in paragraph (3) or (4) of regulation
29, as appropriate to the deceased, notwithstanding
that such widow's pension may not actually be granted.
32 
Where a contributor in respect of whom contributions have not ceased
dies before reaching pension age there shall be paid to his personal representatives
an amount equal to one year's salary or the contributions paid by him to the
Scheme, together with interest as provided in regulation 20,
whichever is the higher.
33 
Where a contributor dies less than five years after reaching pension
age there shall be paid to his personal representatives an amount equal to
the difference between the aggregate amount of pension already paid and five
times the rate of pension of the deceased, subject to an overriding limit
equal to his last annual rate of salary during his contributory service.
34 

(1) If a contributor
shall be dismissed from overseas service after becoming entitled to the grant
of a pension under regulation 23 or regulation 24,
then, notwithstanding anything contained in this Part, the Minister may—

(a) in the case
of a contributor who was a member of the Corps of Specialists, grant a full
or a reduced pension or withhold the grant of a pension;
(b) in the case
of a contributor who was a person employed by the Minister on technical assistance
terms, grant a full pension or a pension reduced by such amount as on the
advice of the Government Actuary is attributable to such part of the contributions
as shall have been paid by the Minister in pursuance of regulation 21, or reduced by part
of such amount.
(2) For the purposes
of the foregoing paragraph—
(a) references
to a pension include references to a widow's pension and a children's pension,
and
(b) without limiting
the discretion of the Minister, that discretion shall extend to the granting
of a full widow's pension or children's pension or a reduced widow's pension
or children's pension, or any combination of any such pensions, notwithstanding
that a reduced pension or no pension has been granted to the contributor.

(3) Nothing in this
regulation shall be construed as affecting any pension already granted under
these Regulations to or in respect of a contributor prior to dismissal from
overseas service.
PART V
35 

(1) Each contributor
shall be responsible for payment to the Crown Agents of contributions payable
by him under the provisions of these Regulations:Provided that contributions
may be collected by the Ministry of Overseas Development from the emoluments
of participants in the employment of the Ministry and such contributions shall
be transmitted to the Crown Agents.
(2) Any contributor
whose contributions to the Scheme are in default for more than six months
may be declared by the Minister to have withdrawn from the Scheme and shall
thereupon cease to be a participant:Provided that where a
person, other than a member of the Corps of Specialists or a person employed
by the Minister on technical assistance terms, so ceases to be a participant
the whole of the contributions paid by him to the Scheme shall be returned
to him without interest.
36 
Subject to the provisions of these Regulations, any election required
or authorised to be made shall—
(a) be made in writing
and sent by post to the Crown Agents, and
(b) be irrevocable.

37 
Where the Crown Agents are liable for income tax under the legislation
of any country or territory other than the United Kingdom in respect of any
contributions (with any allowance of interest) returned to contributors during
their lifetime, the Crown Agents shall be entitled to deduct from any such
sum to be returned an amount not exceeding any income tax in respect thereof
for which they become so liable:
Provided that the amount of
tax to be deducted shall not be such that it reduces the amount to be refunded
to the contributor to an amount less than the amount of his contributions
to the Fund.
38 
Every pension and other sum payable under these Regulations shall,
unless it consists of a single payment, be paid monthly or, at the option
of the contributor, quarterly, in arrears with proportionate payment on death
or other terminating event.
39 
On the death of a contributor to whom or to whose estate any sum
not exceeding £500 is due under these Regulations the Minister may,
without probate or other proof of title, authorise payment of the said sum
to the persons appearing to the Crown Agents to be beneficially entitled to
the personal estate of the deceased, or, as the Crown Agents think fit, to
one or more of those persons, or authorise its distribution among all or any
of those persons in such proportions as the Crown Agents may determine.
40 
If a person to or in respect of whom a pension or other sum is
payable under these Regulations is a minor, or, in the opinion of the Crown
Agents, is incapable by reason of infirmity of mind or body of managing his
affairs, the Minister may direct that the pension or other sum be paid to
any person having the care of that person, and, in so far as such pension
or other sum is not so paid, it may be applied in such manner as the Minister
thinks fit for the benefit of the person to or in respect of whom the pension
or other sum is payable or his dependants.
41 
A pension, gratuity, or other benefit granted under these Regulations
shall not be assignable or transferable.
42 
Every contributor affected by these Regulations or, if he is dead,
his personal representatives, and every person by or in respect of whom any
benefit or payment is claimed under these Regulations, shall give such information
and produce such documents to the Crown Agents as they may require for the
purposes of their functions under these Regulations.
43 
Any question arising under these Regulations as to any election
or nomination, or as to the liability to pay and the amount of any contributions,
or as to the entitlement to receive and the amount of any benefit or payment,
or as to any other matter, shall be decided by the Minister and his decision
thereon shall be final.
Arthur Bottomley
Minister of Overseas Development
21st December 1966We approve
George Lawson
W. Howie
Two of the Lords Commissioners of Her Majesty's Treasury
29th December 1966
SCHEDULE 1
(Regulations 13 and 14(2))


 TABLE A TABLE B
Attained age Widow's pension 33⅓ per cent. of contributor's pension
 Widow's pension 50 per cent. of contributor's pension
25 or under 8 8
26 8 9
7 8 9
8 9 9
9 9 10
30 9 10
1 10 11
2 10 11
3 11 11
4 11 12
35 11 12
6 12 13
7 12 13
8 13 14
9 13 14
40 14 15
1 14 15
2 15 16
3 15 17
4 16 17
45 17 18
6 17 19
7 18 19
8 19 20
9 20 21
50 21 22
1 22 23
2 23 24
3 23 25
4 24 26
55 25 27
6 26 28
7 27 29
8 29 30
9 30 31Note: Contribution rates
are expressed as a percentage of current salary and are payable at the percentage
rate appropriate to the age of the contributor at the due time of payment.


SCHEDULE 2
(Regulations 14(1) and 14(2))


 TABLE A TABLE B
Attained age Widow's pension 33⅓ per cent. of contributor's pension
 Widow's pension 50 per cent. of contributor's pension
25 or under 10 11
26 10 11
7 11 11
8 11 12
9 12 12
30 12 13
1 13 13
2 13 14
3 14 14
4 14 15
35 15 16
6 15 16
7 16 17
8 17 18
9 17 18
40 18 19
1 19 20
2 19 21
3 20 21
4 21 22
45 22 23
6 23 24
7 24 25
8 25 26
9 27 28
50 28 29
1 29 30
2 30 32
3 31 33
4 33 34Note: Contribution rates
are expressed as a percentage of current salary and are payable at the percentage
rate appropriate to the age of the contributor at the due time of payment.

