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The Federated Superannuation System for Universities (Temporary Service) Regulations 1949

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Statutory Instruments

1949 No. 1890

UNIVERSITIES

The Federated Superannuation System for Universities (Temporary Service) Regulations, 1949

Made

10th October 1949

Laid before Parliament

11th October 1949

Coming into Operation

12th October 1949

The Lords Commissioners of His Majesty's Treasury, in exercise of the powers conferred upon Them by sub-section (3) of Section 5 of the Superannuation Act, 1946, and of all other powers enabling Them in that behalf, hereby make the following Regulations:—

1.  These Regulations may be cited as the Federated Superannuation System for Universities (Temporary Service) Regulations, 1949.

2.—(1) In these Regulations:

(a)the expression “officer” means a person employed in the Civil Service of the State on or after 26th July, 1946, who is subject to a superannuation scheme operated under the Federated Superannuation System for Universities;

(b)the expression “Department” means the Minister or other person in charge of the Department in which an officer is employed;

(c)the expression “temporary service” means employment in the Civil Service of the State in a temporary capacity or for a specified period of time, being employment to which the person serving therein is required to devote his whole time and the remuneration for which is paid out of moneys provided by Parliament, and the expression “temporary servantshall be construed accordingly.

(d)the expression “recognised employment” means employment or work of such a nature for such periods and in relation to such persons or classes of persons as may be recognised by the Treasury as being employment or work of national importance.

(2) The Interpretation Act, 1889, shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.

3.  These Regulations shall apply to any officer who is employed otherwise than as a temporary servant in the Civil Service of the State in employment to which he is required to devote his whole time and the remuneration for which is paid entirely out of moneys provided by Parliament.

4.—(1) Subject to the provisions of these Regulations a Department may, in the case of any officer to whom these Regulations apply and who, at the time he became employed in the Civil Service of the State as mentioned in Regulation 3 hereof was serving the State as a temporary servant, make a payment (hereinafter referred to as “the temporary service contribution”) for the benefit of such officer in manner hereinafter provided.

(2) The temporary service contribution shall, subject to the provisions of the next succeeding paragraph, be a sum which shall be calculated in the following manner:—

(a)There shall be determined by the Treasury—

(i)as respects each emolument period of the officer's continuous temporary service which expires on or before the 13th July, 1949, the sum which is equivalent to 5 per cent. of the salary and emoluments received by him in that period, and

(ii)as respects each emolument period of the officer's continuous temporary service which commences on the 14th July, 1949, the sum which is equivalent to 10 per cent. of the salary and emoluments received by him in that period.

The sum determined as aforesaid in respect of each emolument period is referred to in this Regulation as “the annual contribution.

(b)There shall be further determined by the Treasury in respect of each annual contribution, the sum (in this Regulation referred to as “the interest addition”) which is equivalent to compound interest at the rate of 3 per cent. per annum, with annual stops, on that annual contribution, from the end of the emolument period in respect of which it was determined until the date when the temporary service contribution is applied in manner provided by paragraph (5) of this Regulation.

(c)The temporary service contribution shall, subject to the provisions of the next succeeding paragraph, be a sum equivalent to the aggregate of the annual contributions and the interest additions determined in respect of the total period of the officer's continuous temporary service.

(d)In this Regulation—

(i)the expression “emolument period of the officer's continuous temporary service which expires on or before the 13th July, 1949” means the period (if it is, or is shorter than, twelve months) from the date of the commencement of that service, or from the 1st January, 1919, whichever is the later, until the 13th July, 1949, or, if the said period is longer than twelve months, each succeeding twelve months thereof, and shall include any period which is shorter than twelve months and which elapses between the expiration of the last such period of twelve months and the 13th July, 1949;

(ii)the expression “emolument period of the officer's continuous temporary service which commences on the 14th July, 1949” means the period (if it is, or is shorter than, twelve months) from the 14th July, 1949 until the date when the officer becomes employed as mentioned in Regulation 3 hereof, or, if the said period is longer than twelve months, each succeeding twelve months thereof, and shall include any period which is shorter than twelve months and which elapses between the expiration of the last such period of twelve months and the date when the officer becomes employed as aforesaid.

(3) For the purpose of determining the temporary service contribution, no account shall be taken

(a)of any payment made to the officer by way of war bonus prior to the 1st day of July, 1944, or(1)

(b)of any salary and emoluments received by him during any period of temporary service during which he was subject to any superannuation scheme, or

(c)of any period for which he served before attaining the age of 18 years.

(4) Where the continuous temporary service of the officer has been interrupted or terminated by war circumstances in order that he might be engaged in recognised employment the time during the war period during which he was in recognised employment shall be treated for the purposes of the foregoing paragraph(a) as if he had remained in temporary service for that time at the remuneration he would have been receiving if he had not left that service.

(5) The temporary service contribution shall (together with any sum not exceeding one half thereof which the officer may elect to pay to the Department for that purpose) be applied by the Department in such manner as may be provided in the superannuation scheme operated under the Federated Superannuation System for Universities to which the officer is subject for the application of contributions paid under that scheme PROVIDED that in the case of any officer who has himself made payments in respect of any part of respect of premiums payable under any policy of insurance issued in pursuance of the Federated Superannuation System for Universities or in respect of sums to be invested in pursuance thereof, the Department may, instead of applying the temporary service contribution in manner aforesaid, apply the whole or any part thereof in or towards refunding to the officer the amount of such payments made by him.

5.  The decision of the Treasury on any question which arises as to the application of these Regulations to any person, or as to the amount of any payment authorised by these Regulations, or as to the reckoning of service for the purpose of such payment, shall be final.

6.  These Regulations shall come into force on the 12th day of October, 1949.

R. J. Taylor

Richard Adams

Two of the Lords Commissioners of His Majesty's Treasury

Dated this 10th day of October, 1949

EXPLANATORY NOTE

These Regulations are designed to put the person who has temporary Government service before being appointed to a permanent post superannuable under the Federated Superannuation Scheme for Universities so far as possible in the same position as the person who has unestablished service before being established under the Superannuation Acts. To achieve this a contribution (called the temporary service contribution) is to be paid; it is calculated as follows:—

1.

A contribution of:—

(a)

5 per cent. of the salary and emoluments received during the period of temporary service (i.e. half the normal employer's contribution under F.S.S.U.) in respect of service rendered before 14th July, 1949.

(b)

10 per cent. of the salary and emoluments received during the period of temporary service (i.e. the full employer's contribution under F.S.S.U.) in respect of service rendered on or after 14th July, 1949 (the date after which unestablished service reckons in full under the Superannuation Acts).

2.

Interest at 3 per cent. from the date when the temporary service was rendered to the date when the contribution is paid.

3.

An optional contribution by the employee of up to one-half the contribution payable by the Department.

The total contribution will then be invested, as a lump sum, in a single premium policy under the F.S.S.U. for the employee's benefit.

(1)

See amendment, p. 3200 below.

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