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

PART IV PROVISIONS RELATING TO OFFICERS TRANSFERRING FROM THE CIVIL SERVICE TO LOCAL GOVERNMENT EMPLOYMENT

Persons to whom part IV of the rules applies

16.—(1)  This part of these rules shall apply to any person (in this part of these rules called “the officer”) who—

(a) either—

(i) enters local government employment within twelve months after ceasing to be employed as a civil servant or

(ii) having become engaged in national service immediately after leaving his employment as a civil servant, enters local government employment within six months after the termination of his national service; and

(b) has (before or after changing his employment) obtained the consent of the Head of the Department in which he ceased to be employed; and

(c) has not become eligible for a pension under the Superannuation Act or, if he has become so eligible, is a person to whom the Rules of 1936 do no apply; and

(d) within three months after the date on which he enters local government employment notifies the local authority maintaining the superannuation fund to which he is then a contributor or, if he has left local government employment, the local authority maintaining the fund to which he was last a contributor that he desires these rules to apply to him, and furnishes that local authority with particulars of any national service in which he has been engaged since he left his previous employment.

(2) Any period mentioned in paragraph (1)(a) or ( d) of this rule may in any particular case be extended by the authority mentioned in the said paragraph (1)(d) with the consent of the Treasury.

(3) This part of these rules shall apply to such person as aforesaid and shall be deemed always to have applied to him notwithstanding that he ceased to be employed as a civil servant or entered local government employment before the commencement of these rules or before the passing of the Act, provided that—

(a) he has been in local government employment without a break of more than twelve months at any one time from the date when he ceased to be employed as a civil servant until the commencement of these rules or, if he left local government employment before such date, until the date when he ceased to be in such employment; and

(b) if he left local government employment before the commencement of these rules, the local authority maintaining the superannuation fund to which he was last a contributor consent; and

(c) if he is a person to whom the Rules of 1936 do not apply—

(i) he ceased to be employed as a civil servant not earlier than 4th February 1948; and

(ii) the Treasury consent.

Reckoning of previous service

17.—(1) Subject to the provisions of these rules, the period of the officer's service which for the purposes of the Superannuation Act is reckonable as service in the capacity of a civil servant, and any period of national service after the officer's ceasing to be employed as a civil servant which would have been reckonable as service in the capacity of a civil servant for the purposes of the Superannuation Act, had the officer again become employed as a civil servant on the termination of his national service, shall, if the Treasury have paid a transfer value in respect of the officer under rule 19 of these rules, be reckoned as contributing service for the purposes of the Act of 1937 or the Scottish Act of 1937, or as service or a period of contribution for the purposes of a local Act scheme, as the case may be.

(2) Where any part of the officer's service which for the purpose of the Superannuation Act is reckonable as service in the capacity of a civil servant is attributable to service which, before he became a civil servant, was noncontributing service for local government superannuation purposes or for the purposes of regulations made under section 67 of the National Health Service Act 1946 or section 66 of the National Health Service (Scotland) Act 1947, such service shall be reckonable in the officer's local government employment in the manner and to the extent to which it would be reckonable if in his employment as a civil servant he had been a contributory employee.

(3) Where account is taken of any period of the officer's service for the purpose of determining whether he has served for the minimum period prescribed by the Superannuation Act as necessary for any pension to be paid to or in respect of him, that period shall to the same extent be reckonable in his local government employment for the purpose of determining whether he has served for the minimum period prescribed by or under the enactment or scheme applicable to him in his local government employment for any pension to be paid to or in respect of him.

(4) Where at any time after the Rules of 1950 became, or these rules have become, applicable to an officer, any further period of his employment has become or becomes reckonable as service in the capacity of a civil servant, that period shall, if the Treasury have paid a transfer value in respect of it under rule 19 of these rules, be reckoned in the same manner as any other such service of the officer is reckoned under paragraph (1) of this rule.

Further provision as to reckoning of service

18.  Where the officer is a person who, having entered local government employment before the commencement of these rules, ceased to be so employed before that date and again became or becomes so employed, the provisions of the Act of 1937 or the Scottish Act of 1937 and any local Act scheme relating to the reckoning of service on change of employment shall have effect as if the service in the capacity of a civil servant which he has become entitled to reckon by virtue of the last preceding rule in relation to the employment which he first entered after ceasing to be employed as a civil servant had been reckonable at the date when he ceased to hold the first employment in local government employment.

Transfer values payable by the Treasury

19.—(1) Subject to the provisions of these rules, the Treasury may, upon these rules becoming applicable to the officer, pay in respect of him to the local authority maintaining the superannuation fund to which he first became or becomes a contributor after ceasing to be employed as a civil servant 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 employed as a civil servant, the officer had ceased to be a contributory employee or a local Act contributor under one local authority and had been entitled to reckon such service as is reckonable under rule 17(1) of these rules and had become a contributory employee or a local Act contributor under another local authority, less an amount equal to any sum which may become payable by way of income tax in respect of the amount transferred by way of transfer value.

(2) The transfer value payable in respect of an officer who ceased to be employed as a civil servant before 1st February 1967 shall be calculated by reference to his age at 1st February 1968 unless—

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

(b) he entered local government employment on or after 1st November 1967 but before 1st February 1968.

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

(4) The transfer value payable in respect of a further period of employment described in rule 17(4) of these rules shall be calculated—

(a) where that period becomes reckonable by virtue of an enactment in force on 1st February 1968, by reference to his age at 1st February 1968;

(b) where that period becomes reckonable by virtue of an enactment which comes into force after 1st February 1968, by reference to his age at the date on which that enactment comes into force.

(5) In the last foregoing paragraph “enactment” includes any instrument made under an Act.

Computation of contributions of a person to whom rule 16 applies

20.—(1) Where the officer—

(a) leaves local government employment in the circumstances mentioned in section 10(1) of the Act of 1937, or of the Scottish Act of 1937; or

(b) dies in the circumstances mentioned in section 10(3) thereof; or

(c) ceases by reason of permanent ill-health or infirmity of mind or body to be in local government employment, or dies, in circumstances in which there is payable to or in respect of him a benefit which falls to be calculated by reference to the amount of his contributions (with or without interest),

he shall be deemed to have made to the appropriate superannuation fund, on becoming a contributor to such fund, contributions in respect of the period of his employment as a civil servant of an aggregate amount equal to three-eightieths of the annual salary and emoluments of his office multiplied by the number of completed years of his service as a civil servant.

(2) In this rule “the annual salary and emoluments of his office” means the average annual amount of the pensionable salary and emoluments of his office during the three years ending with the last day of his service as a civil servant or, where his service during that period is less than three years, the average annual amount of his pensionable salary and emoluments during the actual period of his said service.

Rights of insured persons

21.  Where the officer, before he ceased to be employed as a civil servant, was an insured person within the meaning of the National Insurance Act 1965, then—

(a) if he had been excepted from the operation of any provision (in this rule referred to as “the modification provision”) modifying benefits under the Superannuation Act, the provisions of any regulations made or deemed to have been made by the Minister of Housing and Local Government or the Secretary of State under section 110(1) of the National Insurance Act 1965 and the provisions of any other regulations or any scheme replacing wholly or in part the provisions of regulations made or deemed to have been made under the said subsection shall not apply to him; and

(b) if he had not been so excepted, the provisions of the said regulations shall apply to him as if any service which he reckoned as contributing service or as service or a period of contribution for the purposes of a local Act scheme or as non-contributing service under rule 17 of these rules, being service of which account would have been taken under the modification provision for the purpose of reducing any benefit to which he might have become entitled under the Superannuation Act had he continued to be subject thereto, were service rendered on or after 5th July 1948.

Right of appeal

22.  The provisions of section 35 of the Act of 1937 and section 30 of the Scottish Act of 1937 shall have effect in relation to a person who enters local government employment in circumstances in which these rules apply as if the reference in those sections to regulations made under those Acts included a reference to these rules:

Provided that this rule shall not apply in relation to a person who is a local Act contributor.

Continuation of payments

23.  Where under rule 8 of these rules or any similar rule contained in other rules made under sections 2 and 15 of the Act the officer has elected to make payments to the Treasury but has not during his employment as a civil servant completed making such payments, then if he repays forthwith to the authority maintaining the superannuation fund to which he is a contributor in his local government employment a sum equal to any sum paid to him by way of a return of such payments on or after ceasing to be employed as a civil servant—

(a) he shall be entitled, in continuation of payments made in respect of added years, to make payments to that authority in the manner in which those payments would have been payable to the Treasury if he had remained in his employment as a civil servant, and shall enjoy rights and be subject to liabilities as if those years were added years in respect of which payments are being made in his local government employment under regulation 12 of the benefits regulations or, if in his local government employment he is subject to a local Act scheme, under such provisions corresponding to the said regulation 12 or to regulation 5 of the Local Government Superannuation (Reckoning of Service on Transfer) Regulations 1954 (1) or to regulation 5 of the Local Government Superannuation (Reckoning of Service on Transfer) (Scotland) Regulations 1954(2) as are contained in that scheme; and

(b) he shall be entitled, in continuation of other payments, to make payments and, in respect of the service in respect of which the payments were being made, shall enjoy rights and be subject to liabilities, as if in his previous employment he had been instead of a civil servant a local Act contributor.

(1)

(1954 II, p. 1676).

(2)

(1954 II, p. 1680).