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

Transfer values payable by local authorities

5.—(1) Subject to the provisions of these rules, the fund authority shall upon this part of these rules becoming applicable to the officer—

(a) pay to the Treasury in respect of him out of their superannuation fund a transfer value of an amount equal to the transfer value which would have been payable under the transfer value regulations if on ceasing to be a contributory employee or local Act contributor the officer had become such an employee or contributor under another local authority, less—

(i) an amount equal to any sum which the trustees of the fund may become liable to pay by way of income tax in respect of the amount transferred by way of transfer value, and

(ii) an amount equal to any sum required by way of interest under rule 3(5) of these rules, and

(b) furnish the employing Department and the officer with the particulars relating to the officer's previous pensionable service which would have been given to the officer if instead of becoming a civil servant he had become a contributory employee.

(2) The transfer value payable in respect of an officer who left local government employment before 1st February 1967 shall be calculated by reference to his age at 1st February 1968 unless—

(a) he was a person to whom any Rules revoked hereby could have applied and

(b) he became employed as a civil servant on or after 1st November 1967 but not later than 1st February 1968.

(3) The transfer value payable in respect of an officer who becomes a civil servant after 1st February 1968 and more than twelve months after leaving local government employment shall be calculated by reference to his age on the date on which he becomes a civil servant.

(4) The transfer value payable under this rule shall be calculated as if the words “not being such service as is mentioned in proviso ( a) to that sub-section” had been omitted from paragraph (a) of the definition of “service” in paragraph 1 of schedule 1 to the Local Government Superannuation (Transfer Value) Regulations 1954 or, as the case may be, as if the words “not being such service as is mentioned in proviso (a) to that section” had been omitted from paragraph (a) of the definition of “service” in paragraph 1 of schedule 1 to the Local Government Superannuation (Transfer Value) (Scotland) Regulations 1954, and the transfer value payable in respect of a person who had been an established officer or servant within the meaning of the Act of 1909 shall be calculated as if paragraph (c) had been omitted from the definition of “service” in paragraph 1 of schedule 1 to the transfer value regulations.

(5) Where a transfer value is payable in respect of an officer who before entering local government employment had been an established officer or servant within the meaning of the Act of 1909, and had been a person to whom any regulations for the time being in force under Part V of Schedule 2 to the Act of 1937, or Schedule 2 to the Scottish Act of 1937, had been applicable, and where the body by whom he was last employed while subject to the Act of 1909 would, if he had become entitled to a superannuation allowance on leaving local government employment, have been liable to contribute to that allowance, that body or the appropriate authority in relation to that body (as defined in regulation 56(15) of the National Health Service (Superannuation) Regulations 1950(1) or regulation 52(15) of the National Health Service (Scotland) (Superannuation) Regulations 1950(2), as the case may be) shall make a payment to the fund authority of an amount equal to the transfer value which that body or the appropriate authority would have been liable to pay to the Minister of Health under regulation 56(4) of the first-mentioned regulations, or to the Secretary of State under regulation 52(4) of the latter regulations, if either of those Regulations had become applicable to the officer on the date when he became a civil servant, and where that body would in such circumstances have had, in respect of any such contribution to a superannuation allowance, a right of contribution from any other body, that other body or the appropriate authority in relation to that other body (so defined as aforesaid) shall make a payment to the fund authority of an amount equal to the transfer value which that other body or the appropriate authority would have been liable to pay to the Minister of Health under regulation 56(5) of the first-mentioned regulations, or to the Secretary of State under regulation 52(5) of the latter regulations, if either of those regulations had become applicable to the officer when he became a civil servant.

(1)

(1950 I, p. 1327).

(2)

(1950 I, p. 1458).