The Superannuation (Civil Service and Local Government) Interchange Rules 1968

Persons to whom part II of the rules applies

3.—(1)  In this part of these rules, a person to whom this part of these rules applies is referred to as “the officer”, the local authority in whose employment the officer last was before he became employed as a civil servant or, if that authority has ceased to exist, the authority by whom the expenses of that authority were defrayable, is referred to as “the employing authority”, and the local authority maintaining the superannuation fund to which he was last a contributor before he became employed as a civil servant is referred to as “the fund authority”.

(2) This part of these rules shall apply to any person—

(a) who either—

(i) becomes employed as a civil servant within twelve months after leaving local government employment or

(ii) having left local government employment in order to undertake war service, or having become engaged in national service immediately after leaving such employment, becomes employed as a civil servant within six months after the termination of such war service or national service; and

(b) who has not become entitled to any benefit (other than a benefit payable prospectively or a return of contributions) in respect of his local government employment or, if he has become so entitled, is not a person to whom the Rules of 1935 or the Rules of 1936 or similar provisions of a local Act scheme apply; and

(c) in respect of whom no transfer value has been paid by the fund authority since he left his local government employment; and

(d) who within three months after the date on which he becomes employed as a civil servant notifies the Department in which he is then employed or, if he has ceased to be employed as a civil servant, the Department in which he was last employed, that he desires these rules to apply to him, and furnishes such Department with particulars of any war service or national service in which he has been engaged since he left the previous employment; and

(e) who if he has received any payment by way of a return of contributions (other than voluntary contributions) on or after leaving local government employment, pays a sum equal to such payment to the Treasury within three months after the date on which he becomes employed as a civil servant or within such longer period as the Treasury may in any particular case allow, together with any further sum required by way of interest under paragraph (5) of this rule.

(3) The reference in paragraph (2)(a) of this rule to a period of twelve months after the date on which a person leaves local government employment shall be construed in relation to a person to whom section 6 of the Act (which makes special provision as to local government superannuation during periods of emergency) applies as a reference to a period of five years after that date, or such longer period as the Treasury may in any particular case allow.

(4) Without prejudice to the provisions of the last preceding paragraph, any period mentioned in paragraph (2)(a) or ( d) of this rule may in any particular case be extended by the Treasury with the consent of the fund authority.

(5) Where a person becomes, or became, a civil servant more than twelve months after leaving local government employment the fund authority may require him to make a payment by way of compound interest on any sum paid to him by way of return of contributions, other than voluntary contributions, on or after leaving that employment at a rate of three per cent per annum with half-yearly rests for a period beginning either with the date twelve months after the date on which he left that employment or, where this is later, the date on which he received such sum, and ending with the date on which he notified his desire that these rules should apply to him:

Provided that the interest so payable shall not exceed a sum equal to one-half of the difference between the transfer value payable under these rules and the transfer value which would be payable if calculated by reference to the person's age on leaving local government employment.

(6) This part of these rules shall apply to a person and shall be deemed always to have applied to him even though he left local government employment or became employed as a civil servant before the commencement of these rules or the passing of the Act, provided that—

(a) if he ceased to be employed as a civil servant before the commencement of these rules, the Treasury consent; and

(b) if he is a person to whom neither the Rules of 1935 nor the Rules of 1936 apply—

(i) he left local government employment not earlier than 4th February 1948; and

(ii) the fund authority consent.