1969 No. 710
The Superannuation (Local Government and Other Employments) Interchange Rules 1969
Made
Laid before Parliament
Coming into Operation
The Minister of Housing and Local Government, in exercise of his powers under sections 2 and 15 of the Superannuation (Miscellaneous Provisions) Act 1948, as amended by section 11(6) of the Superannuation (Miscellaneous Provisions) Act 1967, and of all other powers enabling him in that behalf, hereby makes the following rules:—
Title and commencement1
These rules may be cited as the Superannuation (Local Government and Other Employments) Interchange Rules 1969 and shall come into operation on 1st July 1969.
2.Interpretation
The Interpretation Act 1889 shall apply for the interpretation of these rules as it applies for the interpretation of an Act of Parliament.
Amendment of Interchange Rules3
The rules specified in column (1) of the schedule to these rules shall be amended by adding thereto in each case the following three rules (which shall be numbered as specified in column (2) thereof), namely:—
Extension of time
1
Notwithstanding any other provision of these rules, the authorities may at any time, on the application of a person who desires these rules to apply to him, agree to extend any of the following periods, namely—
a
a period of 12 months after the person ceased to be employed in employment of a class to which these rules apply;
b
a period of 6 months after any period of national service; or
c
a period of 3 months within which the person must notify in writing that he desires these rules to apply to him.
2
An authority to whom a person must furnish particulars of service or pay an amount equal to any sum paid to him by way of return of contributions may at any time, on the application of that person, extend the period within which he must take such action.
3
Where a period is extended pursuant to paragraph (1)(a) of this rule in respect of a person who—
a
ceased to be in local government employment before 1st July 1968 and
b
entered the employment of the other authority before 1st July 1969, then, notwithstanding any other provision of these rules, the transfer value payable by the authority maintaining the fund to which he was a contributor shall be calculated by reference to his age on 1st July 1969.
4
Where a period is extended pursuant to paragraph (1)(a) of this rule in respect of a person who—
a
has ceased to be in local government employment and
b
entered the employment of the other authority on or after 1st July 1969,
then, notwithstanding any other provision of these rules, the transfer value payable by the authority maintaining the fund to which he was a contributor shall be calculated by reference to his age on entering the employment of the other authority.
Interest on returned contributions
1
Where a period is extended pursuant to paragraph (1)(a) of the last preceding rule in respect of a person who has ceased to be in local government employment, that person may be required by the authority maintaining the fund to which he was a contributor 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 ceasing to be in that employment at a rate of 3% per annum with half-yearly rests for a period beginning either with the date 12 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 in writing that he desired these rules to apply to him.
2
The interest payable under this rule shall not exceed a sum equal to one-half of the difference between the transfer value payable by virtue of paragraph (3) or (4) of the last preceding rule, as may be applicable, and the transfer value which would be payable if calculated by reference to the person's age on ceasing to be in that employment.
3
A person required to pay interest under this rule shall pay it to the authority whose employment he has entered, together with any amount he may be required to pay in respect of returned contributions; and the authority maintaining the superannuation fund to which he was a contributor before leaving local government employment shall reduce the transfer value payable by them by a corresponding amount.
Termination of entitlement
Notwithstanding anything in the Act of 1937 or any local Act scheme, when these rules become applicable to a person who has ceased to be in employment in which he was a contributory employee or local Act contributor, he shall cease to be entitled to any payment out of the superannuation fund to which he contributed while in that employment in respect of any service of which account was taken in calculating the transfer value payable under these rules out of that fund, other than a payment by way of return of voluntary contributions.
The Superannuation (English Local Government and Isle of Man) Interchange Rules 19514
The Superannuation (English Local overnment and Isle of Man) Interchange Rules 19511 shall be further amended as follows:—
a
after rule 1(2) (which relates to interpretation) there shall be inserted the following paragraph:—
2A
In rules 12 and 13 of these rules “the authorities” means an Isle of Man authority and the authority maintaining the superannuation fund to which a person is or first became a contributor or, as the case may be, was a contributor; and “authority” means one of the authorities.
b
in rule 2(1) (which relates to transfers from local government employment to the employment of an Isle of Man authority and provides that the rules may apply to a person who inter alia has not become entitled to any benefit), before the words “any benefit under the Act of 1937”
, there shall be inserted the words “and received payment of”
;
c
at the end of proviso (a) to rule 4(1) (which relates to transfers from the employment of an Isle of Man authority to local government employment and provides that the rules may apply to a person who inter alia pays certain sums), there shall be added the words “together with any interest which he may be required to pay”
;
d
rule 7 (which terminates the right to a return of contributions where rule 2 has become applicable) shall cease to have effect.
The Superannuation (English Local Government and Northern Ireland) Interchange Rules 1952 and 19585
The Superannuation (English Local Government and Northern Ireland) Interchange Rules 19522 as amended 3 shall be further amended as follows:—
a
after rule 1(2) (which relates to interpretation) there shall be inserted the following paragraph:—
2A
In rules 12 and 13 of these rules “the authorities” means the Committee or the Corporation, as the case may be, and the authority maintaining the superannuation fund to which a person is or first became a contributor or, as the case may be, was a contributor; and “authority” means one of the authorities.
b
in rule 2(1) (which relates to transfers from local government employment to the employment of a Northern Ireland employing authority and provides that the rules may apply to a person who inter alia has not become entitled to any benefit), before the words “any benefit under the Act of 1937”
, there shall be inserted the words “and received payment of”
;
c
at the end of proviso (a) to rule 4(1) (which relates to transfers from the employment of a Northern Ireland employing authority to local government employment and provides that the rules may apply to a person who inter alia pays certain sums), there shall be added the words “together with any interest which he may be required to pay”
;
d
rule 7 (which terminates the right to a return of contributions where rule 2 has become applicable) shall cease to have effect;
e
at the end thereof there shall be added the following rule:—
Calculation of transfer value following extension of time15
Where an extension of time is granted pursuant to rule 12(1)(a) of these rules in respect of a person who enters local government employment, any provision of these rules requiring payment of a transfer value calculated in accordance with the transfer value regulations shall be read as requiring payment of a transfer value calculated as if the person were ceasing to be in local government employment and entering the employment of the other authority under these rules.
The Superannuation (Local Government and National Health Service) Interchange Rules 19556
The Superannuation (Local Government and National Health Service) Interchange Rules 19554 shall be further amended as follows:—
a
after rule 2(1) (which relates to interpretation) there shall be inserted the following paragraph:—
1A
In rules 13 and 14 of these rules “the authorities” means the Secretary of State for Social Services and the authority maintaining the superannuation fund to which a person is or first became a contributor or, as the case may be, was a contributor; and “authority” means one of the authorities.
b
rule 3(2), (3) and (4) (which contain provisions for the extension of periods of time) shall cease to have effect;
c
in rule 4(1) (which relates to transfers from local government employment to employment in the National Health Service and provides that the rules may apply to a person who inter alia has not become entitled to any benefit)—
i
before the words “any benefit under the Acts of 1937 to 1953”
, there shall be inserted the words “and received payment of”
; and
ii
proviso (d) shall cease to have effect;
d
rule 8 (which terminates the right to a return of contributions where rule 4 has become applicable) shall cease to have effect.
The Superannuation (English Local Government and Northern Ireland Civil Service) Interchange Rules 19577
The Superannuation (English Local Government and Northern Ireland Civil Service) Interchange Rules19575 shall be further amended as follows:—
a
after rule 2(1) (which relates to interpretation) there shall be inserted the following paragraph:—
1A
In rules 13 and 14 of these rules “the authorities” means the Ministry of Finance and the authority maintaining the superannuation fund to which a person is or first became a contributor or, as the case may be, was a contributor; and “authority” means one of the authorities.
b
in rule 3(1) (which relates to transfers from local government employment to the Civil Service of Northern Ireland and provides that the rules may apply to a person who inter alia has not become entitled to any benefit)—
i
in sub-paragraph (b) the words from “but owing to causes”
to the words “twelve months”
, and in sub-paragraph (d) the words from “but owing to causes”
to the end of the sub-paragraph, shall cease to have effect;
ii
in proviso (iii), for the words “who became entitled on leaving his former employment to any benefit”
, there shall be substituted the words “who on leaving his former employment became entitled to and received payment of any benefit”
;
c
in rule 5 (which relates to transfers from the Civil Service of Northern Ireland to local government employment and provides that the rules may apply to a person who inter alia has not been granted a pension), for the words “having been granted”
, there shall be substituted the words “being granted and receiving payment of”
;
d
rule 6 (which contains provisions with respect to breaks in service) and rule 9 (which terminates the right to a return of contributions where rule 3 has become applicable) shall cease to have effect;
e
at the end thereof there shall be added the following rule:—
Calculation of transfer value following extension of time16
Where an extension of time is granted pursuant to rule 13(1)(a) of these rules in respect of a person who enters local government employment, any provision of these rules requiring payment of a transfer value calculated in accordance with the transfer value regulations shall be read as requiring payment of a transfer value calculated as if the person were ceasing to be in local government employment and entering the employment of the other authority under these rules.
The Superannuation (English Local Government and Northern Ireland Health Service) Interchange Rules 19578
The Superannuation (English Local Government and Northern Ireland Health Service Interchange Rules 19576 shall be further amended as follows:—
a
after rule 2(1) (which relates to interpretation) there shall be inserted the following paragraph:—
1A
In rules 12 and 13 of these rules “the authorities” means the Ministry and the authority maintaining the superannuation fund to which a person is or first became contributor or, as the case may be, was a contributor; and “authority” means one of the authorities.”;
b
rule 3(2), (3) and (4) (which contain provisions for the extension of periods of time) shall cease to have effect;
c
in rule 4(1) (which relates to transfers from local government employment to employment in the Northern Ireland Health Service and provides that the rules may apply to a person who inter alia has not become entitled to any benefit)—
i
before the words “any benefit under the Acts of 1937 to 1953”
, there shall be inserted the words “and received payment of”
;
ii
proviso (d) shall cease to have effect;
d
at the end of proviso (a) to rule 6(1) (which relates to transfers from employment in the Northern Ireland Health Service to local government employment and provides that the rules may apply to a person who inter alia pays certain sums), there shall be added the words “together with any interest which he may be required to pay”
;
e
rule 8 (which terminates the right to a return of contributions where rule 4 has become applicable) shall cease to have effect.
The Superannuation (Local Government, Social Workers and Health Education Staff) Interchange Rules 19599
The Superannuation (Local Government, Social Workers and Health Education Staff) Interchange Rules 19597 shall be further amended as follows:—
a
after rule 2(1) (which relates to interpretation) there shall be inserted the following paragraph:—
1A
In rules 13 and 14 of these rules “the authorities” means the appropriate Committee and the authority maintaining the superannuation fund to which a person is or first became a contributor or, as the case may be, was a contributor; and “authority” means one of the authorities.
b
rule 3(2) and (3) (which contain provisions for the extension of periods of time) shall cease to have effect;
c
in rule 4(1) (which relates to transfers from local government employment to social welfare or health education employment and provides that the rules may apply to a person who inter alia has not become entitled to any benefit), before the words “any benefit under the Acts of 1937 to 1953”
, there shall be inserted the words “and received payment of”
;
d
in rule 4, the proviso to sub-paragraph (c) of paragraph (2) (which provides for extension of time) and paragraph (5) (which relates to transfer values) shall cease to have effect;
e
in rule 7(1) (which relates to transfers from social welfare or health education employment to local government employment and provides that the rules may apply to a person who inter alia has not been granted a pension), for the words “having been granted”
, there shall be substituted the words “being granted and receiving payment of”
;
f
rule 8 (which terminates the right to a return of contributions where rule 4 has become applicable) shall cease to have effect.
The Superannuation (English Local Government and Jersey) Interchange Rules 196110
The Superannuation (English Local Government and Jersey) Interchange Rules 19618 shall be further amended as follows:—
a
after rule 2(1) (which relates to interpretation) there shall be inserted the following paragraph:—
1A
In rules 11 and 12 of these rules “the authorities” means the employing authority and the authority maintaining the superannuation fund to which a person is or first became a contributor or, as the case may be, was a contributor; and “authority” means one of the authorities.
b
in rule 3(1) (which relates to transfers from local government employment to pensionable employment in the Island of Jersey, and provides that the rules may apply to a person who inter alia has not become entitled to any benefit)—
i
in proviso (ii), the words “or within such longer period as the employing authority may in any particular case allow”
shall cease to have effect;
ii
in proviso (iii), for the words “who became entitled on leaving his former employment to any benefit”
there shall be substituted the words “who on leaving his former employment became entitled to and received payment of any benefit”
;
c
in rule 5 (which relates to transfers from pensionable employment in the Island of Jersey to local government employment and provides that the rules may apply to a person who inter alia has not become entitled to any benefit), for the words “having become entitled to or been granted”
there shall be substituted the words “becoming entitled to and receiving payment of”
;
d
rule 7 (which terminates the right to a return of contributions where rule 3 has become applicable) shall cease to have effect;
e
at the end thereof there shall be added the following rule:—
14Calculation of transfer value following extension of time
Where an extension of time is granted pursuant to rule 11(1)(a) of these rules in respect of a person who enters local government employment, any provision of these rules requiring payment of a transfer value calculated in accordance with the transfer value regulations shall be read as requiring payment of a transfer value calculated as if the person were ceasing to be in local government employment and entering the employment of the other authority under these rules.
The Superannuation (Local Government and Public Transport Service) Interchange Rules 196511
The Superannuation (Local Government and Public Transport Services) Interchange Rules 19659 shall be further amended as follows:—
a
after rule 2(1) (which relates to interpretation) there shall be inserted the following paragraph:—
1A
In rules 12 and 13 of these rules “the authorities” means the transport authority and the authority maintaining the superannuation fund to which a person is or first became a contributor or, as the case may be, was a contributor; and “authority” means one of the authorities.”;
b
rule 3(2) and (3) (which contain provisions for the extension of periods of time) shall cease to have effect;
c
in rule 4 (which relates to transfers from local government employment to transport employment and provides that the rules may apply to a person who inter alia has not become entitled to any benefit)—
i
in paragraph (1), before the words “any benefit under the Acts of 1937 to 1953”
, there shall be inserted the words “and received payment of”
;
ii
in paragraph (2), the words from “or within such longer period”
to the word “allow”
, where it first occurs, and the proviso to sub-paragraph (c), shall cease to have effect; and
iii
paragraph (5) shall cease to have effect;
d
in rule 6(1) (which relates to transfers from transport employment to local government employment and provides that the rules may apply to a person who inter alia has not been granted a pension)—
i
for the words “having been granted”
, there shall be substituted the words “being granted and receiving payment of”
; and
ii
in proviso (i), the words from “or within such longer period”
to the word “allow”
shall cease to have effect;
e
rule 8 (which terminates the right to a return of contributions where rule 4 has become applicable) shall cease to have effect.
SCHEDULENUMBERING OF NEW RULES
(1) | (2) | ||
|---|---|---|---|
Number of new rule | |||
Title of rules | Extension of time | Interest on returned contributions | Termination of entitlement |
The Superannuation (English Local Government and Isle of Man) Interchange Rules 1951 | 12 | 13 | 14 |
The Superannuation (English Local Government and Northern Ireland) Interchange Rules 1952 | 12 | 13 | 14 |
The Superannuation (Local Government and National Health Service) Interchange Rules 1955 | 13 | 14 | 15 |
The Superannuation (English Local Government and Northern Ireland Civil Service) Interchange Rules 1957 | 13 | 14 | 15 |
The Superannuation (English Local Government and Northern Ireland Health Service) Interchange Rules 1957 | 12 | 13 | 14 |
The Superannuation (Local Government, Social Workers and Health Education Staff) Interchange Rules 1959 | 13 | 14 | 15 |
The Superannuation (English Local Government and Jersey) Interchange Rules 1961 | 11 | 12 | 13 |
The Superannuation (Local Government and Public Transport Services) Interchange Rules 1965 | 12 | 13 | 14 |
Given under the official seal of the Minister of Housing and Local Government on 16th May 1969.