The Superannuation (Local Government and National Health Service) Interchange Rules 1955

Preservation of rights of designated employees under the Act of 1937

11.  Where a person on being transferred under the Act of 1946 or, in consquence of the acquisition by the Minister of Health under section 58 of that Act of premises at which, or for the purpose of administering the services provided at which, he was employed at the date of acquisition, became an officer having immediately before becoming such officer been subject to the provisions of the Act of 1937 or a local Act scheme, then if—

(a) he would have been subject to the Act of 1937 as a designated employee had he become a contributory employee instead of an officer; and

(b) he becomes a contributory employee or local Act contributor to whom rule 6 of these rules is applicable; and

(c) immediately before leaving the employment in which he was an officer he was entitled, by virtue of an option having effect under the Health Service Regulations, to enjoy rights corresponding to the rights which he would have enjoyed if he had remained subject to the Act of 1937, the Acts of 1937 to 1953 or a local Act scheme,

he shall be deemed, for the purposes of sections 6 and 31 of the Act of 1937, not to have had a disqualifying break of service between the date on which he ceased to be employed in the said employment in which he was subject to the provisions of the Act of 1937 or a local Act scheme and the date on which he again becomes a contributory employee or local Act contributor.