1.—(1) This Order shall come into operation on the 31st December 1969 and shall have effect from the 30th October 1969.
(2) This Order may be cited as the British Transport (Pensions of Employees) (No. 2) Order 1969.
(3) In this Order, unless the context otherwise requires—
“accrued pension rights”
“an actuary” means
“the Commission” means
“discharged officer” means
“the Executive” means
“funded scheme” means
“general scheme” means
“insurance scheme” means
“member”, in relation to a pension scheme, means
“the Minister” means
“national transport authority” means
the British Railways Board,
the London Transport Board,
the British Transport Docks Board,
the British Waterways Board,
the Transport Holding Company,
the National Freight Corporation,
the National Bus Company,
the Scottish Transport Group,
a subsidiary of any of the above bodies;
“non-participating employment”
“normal retiring age” means
in relation to a discharged officer who immediately before his discharge was, by virtue of the terms of his employment or the terms of the pension scheme associated with that employment, subject to a requirement to retire from that employment before attaining the age of 65 years (if a man) or 60 years (if a woman), the age at which he would have been required by those terms to retire if he had not been discharged,
in relation to a discharged officer who immediately before his discharge had the right of continuing in his employment as an officer beyond the age of 65 years (if a man) or 60 years (if a woman), the minimum age at which he could, by the terms of his employment or the terms of his pension scheme, be required to retire or, if there is no such age, his actual age at the time when he could have been required by those terms to retire if he had not been discharged,
and
in all other cases, 65 years for men and 60 years for women;
“officer” means
the British Railways Board,
the London Transport Board,
the National Bus Company,
the Executive,
a subsidiary of any of the foregoing bodies
“employment as an officer” means
“pensionable service”, in relation to a person having pension rights, means
“publicly owned transport body” means
“relevant event” means
“responsible body”, in relation to a pension scheme under which pensions are provided in respect of service rendered in the employment of a publicly owned transport body, means
where the scheme is one
where the scheme is one
where the scheme does not fall within (i) or (ii) above but is a scheme
where the scheme does not fall within (i), (ii) or (iii) above but is a scheme in which employees of a body which is a subsidiary of a national transport authority specified in any of the heads (a) to (h) of the definition of that expression in this Article are participating immediately before the 1st January 1970, whichever of the said national transport authorities is the authority of which the said body is a subsidiary immediately after the 1st January 1970,
in all other cases, the publicly owned transport body which has established the scheme;
“subsidiary”,
“tribunal” means
(4) In this Order the expression “accrued pension rights”, in relation to a discharged officer, means
(a)if his scheme is an insurance scheme, of the pension which would have been payable to or in respect of him by virtue of any premiums paid by or in respect of him under the scheme up to the date of his discharge; or
(b)if his scheme is a funded scheme or a general scheme and the scheme is a scheme under which the pension rights are related by some specific proportion to pensionable service and pensionable emoluments, of a pension payable to or in respect of him calculated at such fraction or fractions of his pensionable emoluments in respect of each year or part of a year of his pensionable service as would have been applicable under that scheme in the calculation of the pension, if he had at the date of his discharge reached normal retiring age, or, as the case may be, if the other contingency had then happened and there had been no requirement of the scheme as to a minimum qualifying period of service; or
(c)if his scheme is a funded scheme or a general scheme and the scheme is a scheme under which the pension rights are not related by some specific proportion to pensionable service and pensionable emoluments, of a pension payable to or in respect of him calculated on reaching normal retiring age or, as the case may be, on the happening of the other contingency, as follows:—
(i)on reaching normal retiring age, the pension which would have been payable under the scheme had he continued to be a member of the scheme until that age without increase of emoluments, but reduced in the proportion which the number of years of pensionable service under the scheme before the date of his discharge bears to the number of years of pensionable service which he would have rendered had he continued to be a member of the scheme until normal retiring age; or
(ii)on the happening of the other contingency, the pension which would have been payable under the scheme if the contingency had happened on the date of his discharge with the corresponding emoluments and length of service and there had been no requirement of the scheme as to a minimum qualifying period of service:
(5) Unless the context otherwise requires, references in this Order to the provisions of any Act of Parliament or instrument made thereunder shall be construed as references to those provisions as amended, re-enacted or modified by or under any subsequent Act or instrument.
(6) The Interpretation Act 1889 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.
(1969 III, p. 5668).
(1968 III, p. 5450).
(1962 III, p.3692).
(1962 III, p. 3866).