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Superannuation (Miscellaneous Provisions) Act 1948

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This is the original version (as it was originally enacted).

13Probation officers

Whereas under subsection (3) of section one of the Criminal Justice Act, 1925, arrangements were made for the establishment of a superannuation fund for certain probation officers ;

And whereas payments have been and, until the winding-up thereof, will continue to be made into the said fund in respect of persons who, having been such probation officers as aforesaid, are seconded to other service ;

And whereas it is expedient to make provision for securing the pension rights of such persons as aforesaid as are still seconded at the date of the making of an order under the Probation Officers (Superannuation) Act, 1947, applying the provisions of the Local Government Superannuation Act, 1937, or of a local superannuation enactment, to probation officers ;

Now therefore—

(1)Notwithstanding anything in section one of the Probation Officers (Superannuation) Act, 1947, an order under that section may provide—

(a)for a part of the said superannuation fund being paid to a special fund to be constituted by or under the order, for the management of the said special fund and the investment of the assets thereof, and for the application thereof, in such manner as may be specified in the order, with a view to securing the pension rights of the said persons in respect of service before the date when they cease to be seconded;

(b)for requiring such payments to be made into the said special fund by the persons aforesaid while still seconded and by their employers for the time being as may be, specified in the order ;

(c)for applying the provisions of the Local Government Superannuation Act, 1937, or of a local superannuation' enactment, subject in any case to such adaptations, modifications and exceptions as the Secretary of State thinks fit, to such persons as aforesaid when they cease to be seconded ;

(d)for transferring to such superannuation funds maintained under the said Act of 1937 or under a local superannuation enactment as may be specified in or under the order the liabilities of the said special fund in respect of payments of pensions to persons who become entitled to receive them on or before ceasing to be seconded;

(e)for the payment out of moneys provided by Parliament into the said special fund of sums necessary to make good any amount by which that fund is insufficient for the purpose of making any payment necessary for securing the pension rights of the persons aforesaid ; (f) for the winding up of the said special fund after all the persons aforesaid have ceased to be seconded, and for the payment into the Exchequer of any amount remaining after the payment of the expenses of the winding-up:

Provided that any order providing for payments out of moneys provided by Parliament shall only be made with the consent of the Treasury. In this subsection, the expression "local superannuation enactment " has the meaning assigned to it by subsection (5) of section one of the Probation Officers (Superannuation) Act, 1947.

(2)Section four of the Pensions (Increase) Act, 1944 (which, subject to the limitations imposed by the Pensions (Increase) Act, 1947, enables pensions payable in respect of service as a probation officer to be increased) shall have effect as if the reference to such service included a reference to service while seconded as aforesaid.

(3)For the purposes of section two of this Act, the employment of the persons aforesaid while they are still seconded shall be deemed to be pensionable employment.

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