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THE FIRE SERVICES (PENSIONABLE EMPLOYMENT) REGULATIONS, 1948.

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10.  (1)  Where a former professional fireman or a person, not being a former professional fireman, who was employed in the National Fire Service immediately before the appointed day and to whom the Police Pensions Act, 1921, applied immediately before the said day—

(a)enters or has entered upon employment under a local authority, and is by virtue of Regulation 1 or 4 of these Regulations entitled to reckon any service as contributing service, or, in the case of a local Act authority, as local Act scheme service, or

(b)enters upon employment in the civil service of the Crown, and by virtue of Regulation 2 or 5 of these Regulations any period of service performed by him is treated for the purposes of the Superannuation Acts, 1834 to 1946, as if it were service in the civil service of the State within the meaning of those Acts,

subsection (1) of section twenty-nine of the Local Government Superannuation Act, 1937, and paragraph (1) of Rgulation 3 of, and the First Schedule to, the Local Government Superannuation (Transfer Value) Regulations, 1939(1) (which provide for payment of transfer values in certain cases where employees of a local authority cease to be employed by them and become employed by another local authority), shall apply—

(i)as if that person had, immediately before he ceased to be employed in the National Fire Service, been an officer employed and paid by his former authority, and had then ceased to hold his said employment under them,

(ii)as if all the service, which he is entitled to reckon as aforesaid, or, as the case may be, which is treated as aforesaid, had been contributing service under his former authority,

(iii)in a case where awards might, under the provisions and arrangements as to pensions applicable in his case, have been made to him immediately before the appointed day out of a pension fund, as if that fund were a superannuation fund within the meaning of the said Act and Regulations, and as if any deductions from his pay made under the provisions as to pensions applicable in his case had been contributions to that superannuation fund,

(iv)in a case where awards might, under the said provisions and arrangements, have been made to him as aforesaid otherwise than out of a pension fund, as if his former authority were an authority maintaining such a superannuation fund and as if any deductions made as aforesaid had been contributions to that superannuation fund,

(v)in the case of a person who enters or has entered upon employment under a local authority which are his former authority, as if the superannuation fund referred to in sub-paragraph (iii), or, as the case may be, sub-paragraph (iv) of this paragraph and the superannuation fund relating to the employment upon which he enters or has entered as aforesaid were different funds maintained by different authorities,

(vi)in the case of a person who enters upon employment in the civil service of the Crown, as if the Crown were a local authority maintaining a superannuation fund within the meaning of the said Local Government Superannuation Act, 1937, and as if entering upon employment in the service of the Crown were entering upon contributing service under such an authority,

and a transfer value shall be payable accordingly out of the said pension fund, or, as the case may be, by that person's former authority, to the authority maintaining the superannuation fund within the meaning of the said Act relating to the employment on which that person has entered, or, as the case may be, to the Secretary of State.

(2) Where, under Regulation 3 or 6 of these Regulations, if a person's former authority agree and make a certain payment—

(a)that person will be entitled to reckon an extra period of service as contributing service, or, where the authority under which he becomes employed are a local Act authority, as local Act scheme service, or

(b)an extra period of service will be treated as service performed by him in the civil service of the State,

the amount of that payment shall be determined under paragraph (1) or this Regulation as if it were a transfer value payable in respect of a period of service which was of the same length as that extra period and which—

(i)by virtue of Regulation 1 or 4 of these Regulations that person was entitled to reckon as contributing service or as local Act scheme service as aforesaid, or, as the case may be,

(ii)by virtue of Regulation 2 or 5 of these Regulations was treated as if it were service performed by that person in the civil service of the State.

(3) Where under any of these Regulations any service is to be reckoned in an increased proportion, or, as the case may be, is to be treated as equivalent to a proportionately increased period of service, the period of that service shall, for the purposes of the said Local Government Superannuation (Transfer Value) Regulations, 1939, as applied by this Regulation, be deemed to be increased in that proportion.

(1)

II, p. 2604

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