§ MR. O'REILLYasked the Secretary to the Treasury, Whether there is any rule or regulation which directs that in calculating pensions or retiring allowances a man who voluntarily resigns a situation under Government, not being sixty years old, nor in bad health, forfeits all title to pension, and that in respect of services previous to such resignation his title is not revived by any subsequent service; whether, if there be such a regulation, he will lay it upon the Table; and, whether since its enactment such regulation has been 1215 maintained without any instance of infringement, or, if it has been infringed, in how many eases and for what reason?
§ MR. W. H. SMITHSir, the 10th section of the Superannuation Act, 1859, 22 Vict., cap. 26, provides that—
It shall not be lawful to grant any superannuation allowance under the provisions of this Act to any person who shall be under 60 years, unless upon medical certificate to the satisfaction of the Commissioners of the Treasury that he is incapable, from infirmity of mind or body, to discharge the duties of his situation, and that such infirmity is likely to be permanent.The 11th section of 4 & 5 Will. IV, c. 24, contained similar provisions, the age being 65 instead of 60. When a person leaves the Service under circumstances which give him no claim to any superannuation allowance, compensation allowance, or gratuity, it has always been held by the Treasury that his connection with the public service is absolutely broken by that circumstance; and that if he ever after reenters the Service, such re-entry constitutes a fresh departure, from which date only his service can count for future pension or gratuity. The rule is a traditional one, and constantly acted upon, but no specific date can be assigned when it was formally "enacted." It has hardly ever been infringed, and in every case in which it has been infringed, there have been some very special circumstances which have been held to justify the break of service being overlooked.