The Superannuation (Local Government and Public Transport Services) Interchange Rules 1965

PART III TRANSFER FROM TRANSPORT EMPLOYMENT TO LOCAL GOVERNMENT EMPLOYMENT

Reckoning of previous service

6.—(1) Subject as hereinafter provided, where a person becomes, or before the date of the coming into operation of these rules became, employed in local government employment within the prescribed time limit after ceasing to be employed in transport employment and without having been granted a pension out of any superannuation fund mentioned in the schedule to these rules, then if the authority maintaining the superannuation fund to which he becomes, or first became, a contributor receive from the transport authority an amount equal to the sum payable in respect of that person under the rules governing the relevant fund upon the person entering local government employment, he shall be entitled to reckon as contributing service or service for the purposes of the local Act scheme, as the case may be, such number of completed years and months as having regard to his age and remuneration at the date on which he becomes or became employed in local government as aforesaid would have produced a transfer value of the said amount under the transfer value regulations had he ceased to be a contributory employee at the said date:

Provided that this rule shall not apply to—

(i) any person unless within 3 months after entering his new employment or within 6 months after the date of the coming into operation of these rules, whichever period last expires, or within such longer period as the authority maintaining the superannuation fund to which he is a contributor may with the consent of the transport authority allow, he notifies the authority maintaining the superannuation fund to which he is a contributor in writing that he desires these rules to apply to him and furnishes them with particulars of his previous superannuable employment;

(ii) any person who left transport employment before the date specified for that employment in column 3 of the schedule to these rules.

(2) A person to whom this rule applies shall not be entitled under section 12(2) of the Act of 1937 or any corresponding provision of a local Act scheme to reckon as service any local government employment prior to the date on which he became employed in transport employment if a transfer value has been paid in respect of that local government employment under rule 4 of these rules or under the corresponding provision of any other rules made under section 2 of the Act.

(3) The reference in paragraph (1) of this rule to a transfer value shall be construed as a reference to a transfer value which is not subject to reduction under Part IV of the transfer value regulations or under any regulations made under section 69(4) of the National Insurance Act 1946 or section 15 of the National Insurance Act 1959.

Continuation of payments made with a view to adding to, or enhancing the value of, previous service

7.  Where any person to whom rule 6 of these rules has become applicable was, at the time when he ceased to be employed in transport employment, in the course of making payments by way of—

(a) instalments in discharge of a fixed sum; or

(b) contributions of a fraction or percentage of emoluments,

in respect of added years or as a condition of being entitled to reckon any period of service for superannuation purposes or as a condition of increasing the length at which any period of service would be reckoned for those purposes, he shall be entitled to continue making those payments to the authority maintaining the superannuation fund to which he is a contributor in his new employment, and in respect of those payments there shall be added to the service which he is entitled to reckon under rule 6 of these rules such period as may be certified by an actuary to be appropriate.