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1. These Rules may be cited as the Superannuation (English Teaching and Scottish Local Government) Interchange Rules 1968 and shall come into operation on 8th August 1968.
2.—(1) In these Rules, unless the context otherwise requires—
“the Act” means
“the Act of 1909” means
“the Act of 1937” means
“the Act of 1953” means
“the Acts of 1937 to 1953” means
“the Teachers Acts” means
“added years” means
“the Benefits Regulations” means
“fund authority” means
“local authority”
“local government employment” means
“Local Government Modification Regulations” means
“national service”, in relation to any person, means
“operative date” means
“pension”
“prescribed period”
“reckonable service” means
“repaid contributions” means
“the Secretary of State” means
“the Teachers' Regulations” means
“teaching service” means
reckonable service;
service which for the purposes of the Teachers' Regulations is service as an organiser, a teacher in an admitted school, a services civilian teacher or a services education officer; and
service as a part-time teacher within the meaning of the Teachers' (Part-time) Superannuation Regulations 1967(4);
“the Transfer Value Regulations” means
“voluntary contributions” means
in relation to employment in teaching service, additional contributions being paid under section 19 of the Teachers (Superannuation) Act 1956 or regulation 32 of the Teachers' Regulations in respect of a period of previous employment and any contributions being paid as a condition of any other period (not being a period of war service within the meaning of the Teachers Superannuation (War Service) Act 1939 or of national service) being reckoned as reckonable service; and
in relation to local government employment, payments (other than completed payments, that is to say, payments made in respect of a liability which has been wholly discharged) of any of the following categories—
additional contributory payments of the kind referred to in section 2(3) and (4) of the Act of 1953;
any similar payments made under a local Act scheme as a condition of reckoning any period of employment as service or as a period of contribution for the purposes of the scheme, or, where the local Act scheme provides for the reckoning of non-contributing service, as contributing service for the purposes of the scheme;
any payments made for the purpose of increasing the length at which any period of service or of contribution would be reckonable for the purpose of calculating a benefit under a local Act scheme; and
any payments made in respect of added years;
(2) Other expressions which have meanings assigned to them by the Acts of 1937 to 1953 or the Teachers' Regulations have, unless the context otherwise requires, the same respective meanings for the purposes of these Rules.
(3) Any reference in these Rules to the provisions of any enactment, rules, regulations or other instrument shall, unless the context otherwise requires, be construed as a reference to those provisions as amended, modified, affected or re-enacted by any subsequent enactment, rules, regulations or instrument.
(4) References in these Rules to a rule or to a Part shall, unless the context otherwise requires, be construed as references to a rule or to a Part of these Rules, as the case may be.
(5) The Interpretation Act 1889 shall apply for the interpretation of these Rules as it applies for the interpretation of an Act of Parliament.
3.—(1) For the purposes of these Rules, subject as hereafter in this rule provided, the expression “prescribed period”
(a)in the case of a person who, immediately after ceasing to be employed in teaching service or local government employment, became engaged in national service, a period of six months after the date of termination of the national service;
(b)in the case of a person to whom section 6 of the Act has become applicable, a period of five years after the date on which he ceased to be employed in local government employment or such longer period as the Secretary of State for Scotland may in any particular case allow; and
(c)in the case of any other person, a period of twelve months after the date on which he ceased to be employed in teaching service or local government employment.
(2) The Secretary of State in the case of a person entering teaching service and the fund authority in the case of a person entering local government employment may, with the agreement of the other, extend the period of six months or twelve months, whichever is appropriate, specified in paragraph (1) above.
(3) Subject as in paragraph (4) below provided—
(a)in reckoning the periods of six months and twelve months specified in paragraph (1) above no account shall be taken of any period spent by a person on a course of study or training which he undertook after leaving his former employment; and
(b)if a person left his former employment in order to undertake a course of study or training and on completion of that course became engaged in national service, he shall be deemed for the purposes of paragraph (1) above to have left his former employment at the time when he completed the said course of study or training.
(4) The provisions of paragraph (3) above shall not apply to a person who in his new employment is in local government employment unless the authority employing him are satisfied, or to a person who in his new employment is in teaching service unless the Secretary of State is satisfied, that by reason of his having undertaken the said course of study or training he is better fitted for the duties of his new employment.
(1954 II, p.1632).
(Rev. XVI, p.286: 1947 I, p.1509).
(1967 I, p.1562).
(1967 II, p.3721).
(1954 II, p.1736).