Superannuation.

by them as an admission on the part of the applicant that his case is not good upon its merits, and it will be dealt with accordingly. On the other hand, any such representation which reaches them in the recognised way will receive their most careful consideration.

The system of superannuation allowances now existing in the civil service was first introduced early in the present century. Prior to that time provision for public officers on their retirement from active service was generally secured by methods which would now be considered as objectionable. The first Act for establishing a system of superannuations applicable to public officers generally was passed in 1810. In 1822, owing to the efforts of certain economical reformers, it was enacted that deductions should be made from the salaries of all civil servants as a contribution towards the superannuation fund. But this Act was repealed in 1824, and about 90,000l. which had been collected under it repaid to the contributors, upon the principle that such deductions were in violation of the terms on which public officers had entered the service. In 1828 a finance committee of the House of Commons recommended the re-adoption of deductions, but Parliament would not sanction this proposal, so far at least. as existing interests were concerned. In 1829, however, a Treasury minute was passed-for the purpose of lessening prospectively the public charge for superannuations-by which deductions were imposed on the salaries of all civil servants to be thereinafter appointed. This was ratified by Parliament, and a new Act passed in 1834, authorising deductions towards the superannuation fund to be made from the salaries of all civil servants appointed after August 4, 1829, but exempting

Com. Pap. 1867, v. 40, p. 323; Hans. D. v. 187, p. 1095; v. 193, p. 1088. In order to prevent the exercise of political influence for aggrandisement the numerous class

of revenue officials were, until 1868, debarred from exercise of the franchise, and are still prohibited from taking active part at elections. Ib. v. 188, p. 1033; v. 194, p. 1586,

nuation.

those who held office prior to that date from any such Superanpayment. The distinction thus made between two classes of civil servants, according as they received their first appointments before or after 1829, gave rise to much dissatisfaction. This, together with other anomalies and irregularities attending the working of the system, induced the Government in 1856 to appoint a commission to enquire into the operation of the Superannuation Act. The commissioners made an elaborate report in the following year, wherein they reviewed the whole question in all its bearings. Admitting that the first impression in entering on the enquiry had been favourable to the retention of deductions, they concluded, upon a careful review of the whole case, and with a view to public interests alone,' to recommend the total abolition of deductions for the purpose of superannuation, without any corresponding reduction in the salaries on which such deductions had been charged,' as being the only settlement of the question which was likely to be permanent and satisfactory.' This recommendation was approved by Parliament, and an Act passed to repeal the section of the Act of 1834, under which the deductions had taken place (20 & 21 Vict. c. 37). In certain minor departments such as the lighthouse boards, the endowed schools board, and some branches of the police service, the employés contribute to an annuity fund, which is supplemented by government. But there has been a growing disposition of late years to grant superannuation allowance in all public establishments, without requiring any deductions from salaries.h

In 1859 another Act was passed to extend the operation of the Act of 1834 to all persons who had served in an established capacity in the permanent civil

Com. Pap. 1857. Sess. 2, v. 24, pp. 217-237. Third Rep. Civ. Serv. Exp. Com. Pap. 1873, v. h Ib. p. 637.

7, p.

624.

Salaries. of the House and sent to the Treasury, by whom it is generally accepted without dispute." The salaries and contingencies of the Lords are now included in the annual estimates and voted in supply. But the Lords are permitted to retain the right of paying for retired allowances of their officers out of the interest of the invested fee fund (1878). The fee fund of the House used ordinarily to suffice to pay all these demands; but when a deficiency occurred application was made by the clerk of the Parliament to the Treasury, to insert in the estimates a sufficient sum to cover the same. Formerly the Treasury had no knowledge or control over the fee fund of the House of Lords, or over the appropriation thereof. But in 1865 they suggested to the clerk of the Parliament the expediency of following the course adopted by the House of Commons, in regard to their fee fund, which is regularly paid over to the consolidated fund, and the charges upon the same included in the annual estimates, and voted by Parlia

ment.

With the consent of the House of Lords in the civil service estimates for the year ending March 31, 1870, the salaries and expenses of the House of Lords' offices were, for the first time, included and brought under the control of the House of Commons. But the Treasury do not exercise any control over this expenditure. A portion of the fee fund was retained by the Lords in 1869, the interest of which is used to defray the retired allowances in the Lords' offices; but over 30,000l. is annually paid over to the Exchequer, as extra receipts. If this sum should prove insufficient, the balance is paid out of current fees. Moreover, by the Act 29 & 30

a Hans. D. v. 150, p. 1128; v. 202, p. 383.

b Report Come Pub. Acc. p. 47. Com. Pap. 1865, v. 10. Lords Pap. 1867-8, v. 30, p. 881; Civ. Serv. Est. 1878-9. Com. Pap. 1878, v. 53.

See Hans, D. v. 177, p. 1123. Ib. v. 197, p. 1474; v. 202, p. 383; 3rd Rep. Civ. Serv. Exp. Com. Pap. 1873, v. 7. Ev. pp. 8, 34; Civ. Serv. Est. 1877-8, p. 61, n. Com, Pap. 1877

v. 57.

a capital sum of money, according to the estimated Superanduration of life of the pension holder.

On April 18, 1871, a motion was made (by a private member) to resolve-That it is expedient to extend the provisions of the Pensions Commutation Act, 1869, to all the departments of the civil service. In reply, the chancellor of the exchequer stated that ministers proposed to amend the said Act by taking away the privilege of commutation as far as regards pensions on retirement after sixty years of age, and upon a medical certificate, and by limiting the privilege to those who received compensatory pensions on account of the abolition or reorganisation of their office. With this restriction they proposed to extend the Act to the whole civil service. Satisfied with this concession the member withdrew his motion. [The Bill was accordingly introduced and passed." It was extended to telegraph clerks by Act 35 & 36 Vict. c. 83, and amended by Act 39 & 40 Vict. c. 73, and again amended in 1882 so as to admit of the commutation of a portion of a pension.] But the Treasury would object to commute a pension for anyone of whom there was a definite prospect of his being again employed in the public

service.

By the Superannuation Act of 1875, a special rate of pension is allowed to persons who have been in the civil service of the state in an unhealthy place.'

That all persons employed by the crown in the civil service of the United Kingdom are entitled to a superannuation allowance after a certain length of service is a principle which, ratified by Act of Parliament, is now 'universally admitted,' provided only that he has reached the age when retirement upon a pension is allowable, or that an earlier retirement is justified

• Hans. D. v. 211, p. 1253-1259. P 34 & 35 Vict. c. 36.

Hans. D. v. 208, p. 1847.

Hans. D. v. 177, p. 1907; 57 Geo. III. c. 65; extended by 4 & 5 Will. IV. c. 24.

nuation.

by a medical certificate of incapacity for further service. But if it should afterwards appear that a pension had been granted upon insufficient grounds, or at too high a rate, the lords of the Treasury would revise their decision and issue a new minute thereon. All Pensions pensions and retiring allowances to public servants, granted. although payable under statutable authority, are awarded by the lords of the Treasury, pursuant to regulations they are empowered to make from time to time for that purpose.

how

The maximum pension to a retiring civil servant contemplated by the Superannuation Act is an amount equal to two-thirds of his salary. But by the 9th clause of the Act, pensions up to the full amount of the salary may be granted in cases where the services were of a peculiar and unusual degree of merit.'" But this power has been most sparingly exercised."

Formerly pensions were granted at the discretion of the sovereign. But as great irregularities prevailed in the granting of pensions by the crown, it became necessary for Parliament to interpose its authority to regulate and restrict the exercise of this prerogative. Prior to the reign of Queen Anne, the crown had assumed the right of charging its hereditary revenues with pensions and annuities; and it had been held that the king had power in law to bind his successors. But, on the accession of Queen Anne, an Act was passed (1 Anne c. 7), forbidding the alienation of any portion of the hereditary revenues for any term beyond the life of the reigning monarch. On the accession of

s Hans. D. 223, p. 1214. If the government should refuse to allow to a public officer his just claims under the Superannuation Act, he could apply to the court of Queen's Bench for a mandamus to compel the Treasury to pay him whatever he was entitled to receive, Hans. D. v. 180, p. 503; New Zealand, Leg. Coun. Jls.

1874, App. 2.

t Case of Sir W. Brown. Com. Pap. 1871, v. 37, p. 527.

u Hans. D. v. 217, pp, 1531, 1561. ▾ Case of Sir R. Hill. Com. Pap. 1864, v. 30, p. 610; v. 32, pp. 565, 569. 1b. 1873, v. 7, pp. 556, 571. 1b. 1875, v. 42, p. 675. lb. 1877. v. 49, p. 587, &c.