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Courts Act 1971

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This is the original version (as it was originally enacted).

13(1)The provisions of this paragraph apply in relation to a contributory employee, within the meaning of the Local Government Superannuation Act 1937.—

(a)whose office is abolished under section 44(1) of this Act or who otherwise ceases to be employed for the purpose of any function as a result of any of the matters referred to in paragraphs (a) to (c) of section 44(2) of this Act; and

(b)who, after the date of that abolition or cessation of employment, either continues in the employment of the same authority as before that date or becomes, as soon as practicable after that date, employed by the authority which before that date was responsible in whole or in part for the payment of his remuneration ; and

(c)who suffers a reduction in remuneration in consequence of the abolition of his office or cessation of employment as mentioned in paragraph (a) above.

(2)A contributory employee to whom this paragraph applies shall be entitled to contribute or, as the case may be, to continue to contribute, to the superannuation fund (within the meaning of Part I of the Local Government Superannuation Act 1937) maintained by the authority referred to in sub-paragraph (1)(b) above the like amount as if his remuneration had not been reduced.

(3)For the purpose of determining the amount of any benefit which becomes payable to or in respect of a contributory employee to whom this paragraph applies and who, by virtue of sub-paragraph (2) above, paid contributions as if his remuneration had not been reduced, the contributory employee shall be treated as having received the remuneration which he would have received but for the reduction referred to in sub-paragraph (1)(c) above.

(4)Any reference in the preceding provisions of this paragraph to the reduction of an employee's remuneration includes, in the case of a person who also held office as a clerk of the peace or deputy clerk of the peace to whom paragraph B or paragraph C of Part II of Schedule 2 to the Local Government Superannuation Act 1937 applied immediately before the appointed day, a reference to the case where his remuneration ceased to be deemed to be increased under one or other of those paragraphs by an amount equal to his salary as clerk of the peace or deputy clerk of the peace.

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