Search Legislation

The British Transport Reorganisation (Pensions of Employees) (No. 1) Order 1964

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
 Help about opening options

Opening Options

More Resources

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format. The electronic version of this UK Statutory Instrument has been contributed by Westlaw and is taken from the printed publication. Read more

Permission to re-enter pension schemes

4.—(1) This Article shall apply to any person who—

(a)participates in an existing scheme in connection with his employment by a nationalised transport body,

(b)at any time after the vesting date ceases to be in the employment of that nationalised transport body, and

(c)re-enters the employment of that nationalised transport body, or enters the employment of another nationalised transport body, after an intervening period not exceeding twelve months.

(2) Subject as hereinafter provided, the trustees of, or the persons administering, the relevant scheme shall have power, with the consent of the former employing body and the new employing body, and, where the scheme is an insurance scheme, the insurance company, to grant to a person to whom this Article applies permission, in accordance with the provisions of this Article, to re-enter that scheme in connection with his new employment upon the terms hereinafter mentioned.

(3) A person desiring to re-enter an existing scheme under the provisions of this Article shall, within three months of the date of his entering the new employment or the date of the coming into operation of this Order (whichever date is later), make application in writing to the trustees of, or the persons administering, that scheme for permission to re-enter it, and the trustees or the persons aforesaid shall consider that application and may, if they think fit, and subject to the consents specified in paragraph (2) of this Article, decide to grant that application, or they may decide to reject that application, and in any case they shall, as soon as may be after making their decision, notify the applicant thereof in writing.

(4) The terms upon which a person may be permitted to re-enter an existing scheme under the provisions of this Article shall, subject as hereinafter provided, be such terms (including terms for the repayment of any withdrawal benefits) as the trustees of, or the persons administering, that scheme may prescribe.

(5) The terms referred to in the last preceding paragraph of this Article may (to the extent specified thereby) provide, in respect of the person concerned, for the periods of his former employment and his new employment to be aggregated for the purposes of the relevant scheme and may also (to the extent specified thereby) provide for the intervening period to be taken into account in calculating any minimum qualifying period of service under the terms of that scheme, but except as aforesaid, and except also in so far as any transfer value from another pension scheme may (under reciprocal arrangements for the preservation of pension rights) be received in respect of the intervening period by the trustees of, or the persons administering, the relevant scheme, such terms shall not provide for any part of the intervening period to be regarded as a period of pensionable service for the purposes of that scheme nor shall they permit the person concerned to acquire pension rights in respect of that period by making payments (whether calculated on the basis of employer's or employee's contributions or otherwise) to the trustees of, or the persons administering, that scheme.

5.—(1) This Article shall apply to any person who—

(a)participated in an existing scheme in connection with his employment by the Commission, or by a subsidiary of the Commission, before the vesting date,

(b)before the vesting date ceased to be in such employment, and

(c)enters the employment of a nationalised transport body after the vesting date and after an intervening period not exceeding twelve months.

(2) Subject as hereinafter provided, the provisions of paragraphs (2) to (5) of Article 4 of this Order shall apply in relation to a person to whom this Article applies.

(3) For the purpose of this Article and of paragraphs (2) to (5) of Article 4 of this Order as applied by paragraph (2) of this Article (including the inpretation of any expressions therein which are defined in Article 1 of this Order)—

(a)the expression “nationalised transport body shall be deemed to include, in respect of any period before the vesting date, the Commission and any subsidiary of the Commission, and

(b)the expression “former employing body” shall, in relation to a person to whom this Article applies, mean, so far as regards anything occurring or to be done after the vesting date, the nationalised transport body which would have become the employer of that person on the vesting date had his employment by the Commission, or by a subsidiary of the Commission (as the case may be), continued from the date of its cessation until the vesting date.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources