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TEMPORARY PROVISIONS AND REPEAL.

13. The persons who at the time of the passing of this Act are members of the Commutation Board shall constitute the first Commutation Board under this Act, and any regulation made by the Treasury in pursuance of "The Pensions Commutation Act, 1869," shall continue in force until revoked or altered in pursuance of this Act.

14. "The Pensions Commutation Act, 1869," and the Act of the Session of the thirty-third and thirty-fourth years of the reign of Her present Majesty, chapter one hundred and one, intituled "An Act for amending the 6th section of The Pensions Commutation Act, 1869,' ,'" shall be wholly repealed.

Provided that the repeal in this Act shall not affect

1. Any pension duly granted, or anything duly done or suffered under any enactment hereby repealed;

2. Any penalty, forfeiture, or other punishment incurred in respect of any offence against any enactment hereby repealed, or the institution of any proceeding for enforcing or recovering any such penalty, forfeiture, or punishment as aforesaid.

Table showing the Number of Years' Purchase, and also the Price in Cash, of an Annuity of £100 on the Life of a Male, of any age undermentioned; the Interest of Money being taken after the rate of Five per Cent. per Annum, payable Half-yearly, and the Law of Mortality being that adopted for the Tables regulating the Grant of Annuities on Male Lives at the National Debt Office.

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TREASURY LETTER AND REGULATION WITH REFERENCE TO COMMUTATION.

GENTLEMEN,

TREASURY CHAMBERS, WHITEHALL,

13th September, 1881.

I am directed by the Lords Commissioners of Her Majesty's Treasury to acquaint you that my Lords have found it necessary to call the attention of the heads of the public departments to the conditions under which pensions granted under section 7 of the Superannuation Act, 1859 (22 Vict. c. 26), may be commuted under the Pensions Commutation Act, 1871 (34 & 35 Vict. c. 36).

By section 4 (4) of the latter Act it is provided that no application for the commutation of a pension shall be received by the Treasury, unless it be accompanied by a recommendation from the head of the department to which the applicant belongs, unless the Treasury otherwise directs.

The Treasury has never issued any direction to dispense with this recommendation, and therefore it remains an indispensable condition precedent to every commutation.

No head of a department is obliged to give this recommendation if he thinks it ought to be withheld; and my Lords are desirous of bringing to the notice of the heads of departments some considerations which they think should be regarded before such recommendations are given.

In section XI. of the Act of 22 Vict. c. 26, and section XX. of the Act 4 and 5 William IV. c. 24, the recall of pensioned persons to service is provided for. As soon, however, as a pension has been commuted, although the Legislature has provided for taking the value of it into account (34 & 35 Vict. c. 36, s. 10) in the case of a voluntary return to service, yet it is evident that the power of compelling a return to service, under forfeiture of the pension in its annual form, which is given by section XI. of the Act 22 Vict. c. 26, is lost.

It is true that the power of recalling compulsorily to service is difficult to exercise, and has been exercised only to a limited extent; still Parliament has conferred the power, and it ought not to be parted with indiscriminately, and as a matter of course. The knowledge that it exists cannot but have an effect upon officers to whom, upon reduction of the establishments to which they belong, transfers to other offices are occasionally offered, instead of retiring allowances.

My Lords, in the circular (7347) of 1st May, 1877, from the Treasury to the Public Departments, requested that they might be informed, as part of the general statement accompanying every scheme submitted to them for the reorganisation of a department, how many officers (if any) were to be reduced, what salaries they were in receipt of, and what number of years they had served. My Lords have now further to request that they may also be informed, on similar occasions, how many officers, and of what ages severally, are meant to be recommended for the commutation of their pensions.

Cases have occurred in which men in the prime of life have been recom

mended for the commutation of their pensions, although the situations, on the abolition of which they were retiring, were such as are constantly falling vacant, and might have been filled up by requiring the persons whose pensions had been commuted to take them. The fitness of an officer for further service, and therefore in most cases, his age, should be a primary consideration in deciding whether or not to allow him to commute his pension.

It is to be remembered that the only civil pensions which are capable of being commuted are of greater amount than ordinary pensions granted for age or ill-health, after an equal period of service, and also that the persons applying to commute are sure (in the absence of fraud) to be those who believe themselves to be good lives, and so far fit for further service.

I am directed to subjoin a copy of a regulation which my Lords have made in pursuance of the authority given to them by section 7 (3) of the Pensions Commutation Act 1871 (34 and 35 Vict. c. 36), and have caused to be communicated, together with a copy of this circular, to the Commutation Board. I have the honour to be,

Your obedient servant,
R. R. W. LINGEN.

The Treasury makes the following regulation under section 7 of the Commutation Act, 1871, namely, that the Commutation Board, before recommending commutation of the pensions granted by way of compensation to any persons who have retired, or have been removed, from public civil offices in consequence of the abolition of their offices, or for the purpose of facilitating improvements in the departments to which they belong, do, whenever such persons are, at the time of applying for commutation, under 50 years of age, report the same to the Treasury, with particulars of the applicants, their age and reported state of health, and do not proceed further in the matter until they have been notified in writing under the hand of one of the Secretaries of the Treasury that my Lords do not object to the commutation on administrative grounds.

THE PENSIONS COMMUTATION ACT, 1882.

(45 AND 46 VICT., CH. 44.)

An Act to authorise the Commutation of a portion of a Pension in pursuance of the Pensions Commutation Act, 1871. 18th August, 1882.

"Whereas by the Pensions Commutation Act, 1871, the Treasury are authorised, on the application of any person to whom that Act applies, to commute his pension in the manner provided by that Act, and in accordance with the regulations from time to time made by the Treasury:

"And whereas doubts have arisen as to the power of the Treasury under the said Act to commute a portion of a pension, and it is expedient to remove such doubts:

"Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Com

mons, in this present Parliament assembled, and by the authority of the same, as follows:

"1. This Act may be cited as the Pensions Commutation Act, 1882.

"2. This Act and the Pensions Commutation Acts, 1871 and 1876, may be cited as the Pensions Commutation Acts, 1871 to 1882.

"3. Where the Treasury have power, in pursuance of the Pensions Commutation Act, 1871, to commute the pension of any person, the Treasury shall also have power to commute a portion of such pension, and the provisions of the Pensions Commutations Acts, 1871 and 1876, shall apply accordingly to the portion of the pension in like manner, so nearly as circumstances admit, as they apply to the whole pension."

THE SUPERANNUATION ACT, 1875.

(38 VICTORIA, CHAPTER 4.)

An Act to amend the Superannuation Act, 1859, so far as relates to the Superannuation Allowances to be granted to Civil Servants who have served in unhealthy climates.

Whereas it is expedient to authorise the grant of special rates of pension to persons who have served in an established capacity in the permanent Civil Service of the State, where such persons have served in an unhealthy place:

Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. It shall be lawful for the Commissioners of the Treasury from time to time by any order or warrant to declare that any country or place therein named shall be deemed to be an unhealthy place, and the same shall thereupon be deemed, for the purposes of the Superannuation Act, 1859, and this Act, to be an unhealthy place.

Section thirteen of the Superannuation Act, 1859, relating to the laying of orders and warrants before Parliament, shall apply to every order and warrant made under this section.

2. When a person who has served in an established capacity in the permanent Civil Service of the State is entitled to any superannuation, compensation, gratuity, or other allowance under the provisions of the Superannuation Act, 1859, two years' service by him in an unhealthy place shall, in calculating the amount of such superannuation, compensation, gratuity, or other allowance, be reckoned as service for three years and service in an unhealthy place for any greater or less period than two years shall be reckoned in the like proportion. But nothing in this Act contained shall alter or affect the second section of the Superannuation Act, 1859, so far as it requires a service of ten years before a person becomes entitled to any annual superannuation allowance.

3. This Act shall commence on the seventeenth day of February, one thousand eight hundred and seventy-five, and apply to persons who have retired from the public service since that day.

4. This Act may be cited as the Superannuation Act, 1875, and shall be construed as one with the Superannuation Act, 1859, and together with that Act may be cited as the "Superannuation Acts, 1859 and 1875."

ABSTRACT OF THE BANK HOLIDAYS ACT, 1871.

BANK HOLIDAYS IN ENGLAND AND IRELAND.-Easter Monday; The Monday in Whitsun week; the first Monday in August; the 26th day of December, if a week day.

BANK HOLIDAYS IN SCOTLAND.--New Year's Day*; Christmas Day*; Good Friday; the first Monday in May; the first Monday in August.

All Bills of Exchange and Promissory Notes due and payable on the above days to be payable on the following day.-Sec. 1.

No person shall be compellable to make any payment or do any act upon the above days which he would not be compellable to do on Christmas Day or Good Friday, but his obligation to do so shall apply to the day following.— Sec. 3.

TREASURY LETTER WITH REFERENCE TO OUTSIDE EMPLOYMENT OF OFFICERS.

CIVIL SERVICE (ACCEPTANCE OF LOCAL OFFICES.)

Copy "of correspondence between the Home Office and the Treasury respecting the acceptance of Local Offices or other employment by officers in the Permanent Civil Service."

I.-Letter from Home Office, dated 8th May, 1877.

Home Office, Whitehall, 8th May, 1877.

SIR, A question having arisen as to whether it is proper to allow officers in the Convict Service to accept nomination to local offices, such as those of waywardens, members of school boards, &c., I am directed by Mr. Secretary Cross to request you to move the Lords Commissioners of the Treasury to be pleased to inform him whether any regulations have been issued by their Lordships with reference to the acceptance of such offices by persons in the permanent employment of the Government, and if not, whether they think the practice is one which may be permitted consistently with the interests of the public service, or whether it should be discouraged or altogether forbidden. I have, &c.,

The Secretary of the Treasury.

(Signed)

A. F. O. Liddell.

If either of these days falls on a Sunday, the Monday following shall be a Bank Holiday. Special days may be appointed for Bank Holidays by Royal proclamation, and the days appointed for this purpose may be altered by Order in Council.-Sec. 4.

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