§ SIR G. CHESNEY (Oxford)
I beg to ask the Secretary to the Treasury whether the Treasury have reduced the pension to which Colonel Rich is entitled, on retiring from the appointment of Senior Railway Inspector to the Board of Trade, by deducting a part of the retired pay received by him for service in the Royal Engineers, in computing the Civil Service pension to which he is entitled by Act of Parliament on retiring from the service of the Board of Trade; whether the making such deduction is at variance with the decision of the Lords of the Treasury as to retired naval or military pay, conveyed to the late Admiral Kerr in a letter dated 9th July, 1873; with the opinion of the Law Officers of the Crown, taken by the Treasury (see Treasury Letter, 1873, Sp. 562), which is printed in the Memorandum on the business of the Army and Navy branches issued to the Paymaster General; with the opinion of the Law Officers of the 1450 Crown (signed by Sir C. Russell, Sir J. Rigby, and H. Sutton), as contained in the Official Letter of the Board of Trade, No. 8,288, dated 28th December, 1892; and also with the written opinion of Sir H. Davey, dated 21st August, 1892; and whether the claim of Colonel Rich to the whole of his civil pension, as of all officers similarly situated, is secured to him by the provisions of Clause 10 of the Act of 1887 dealing with such cases?
§ SIR J. T. HIBBERT
The matter referred to is one of great difficulty, and has been considered by successive Boards of Treasury since 1859. It has now been determined to treat military and naval retired pay its not coming within the provisions of Section 16 of the Act 4–5 Will. IV., c. 24, and all awards of Civil Service superannuations which have been reduced on a different construction of the section will be recalculated. This alteration of practice will affect all officers in receipt of Army or Navy retired pay who entered the permanent Civil Service of the Crown before the passing of the Superannuation Act of 1887, which gave the Treasury power to frame Rules as to the conditions under which officers on retired pay may accept civil employment. As regards the reference to Opinions of Law Officers of the Crown upon questions referred to them by Departments of State, I draw the hon. Member's attention to the fact that such Opinions are necessarily confidential, and I much regret their publication.