The Superannuation (Local Government and Overseas Employment) Interchange Rules 1969

PART I PRELIMINARY

Title and commencement

1.  These rules may be cited as the Superannuation (Local Government and Overseas Employment) Interchange Rules 1969, and shall come into operation on 31st July 1969.

Interpretation

2.—(1) In these rules, unless the context otherwise requires—

“the Act of 1937” means the Local Government Superannuation Act 1937;

“the Act of 1948” means the Superannuation (Miscellaneous Provisions) Act 1948;

“the Act of 1953” means the Local Government Superannuation Act 1953;

“added years” means any additional years of service reckonable under regulation 12 of the benefits regulations, and includes any additional years of service which, having been granted under any enactment, have subsequently become and are reckonable under or by virtue of any other enactment;

“benefit” means any superannuation benefit payable to or in respect of a person ;

“the benefits regulations” means the Local Government Superannuation (Benefits) Regulations 1954(1) ;

“contributing service” , “contributory employee” “designated employee” and “disqualifying break of service” have the same meanings as in the Act of 1937;

“enactment” includes any instrument made under an enactment;

“first fund authority” means the local authority administering the superannuation fund to which a person last contributed before entering overseas employment;

“injury allowance” means an injury allowance (however named) to which a person becomes entitled in the capacity of contributory employee;

“local Act contributor” and “local authority” have the same meanings as in the Act of 1937;

“local government employment” means employment by virtue of which a person is or is deemed to be a contributory employee;

“the Minister” means the Minister of Housing and Local Government;

“national service”, in relation to any person, means service which is relevant service within the meaning of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951, and any similar service immediately following relevant service, entered into with the consent of the authority or person by whom he was employed before undertaking that service or, in the case of a person who holds an appointment to an office and is not employed under a contract of employment, with the consent of the authority by whom he was appointed;

“non-contributing service” has the same meaning as in the Act of 1937;

“overseas country” means any country other than a country within the United Kingdom;

“overseas employment” means employment in the service of—

(a)

the central or local government of an overseas country or a government constituted for two or more overseas countries or any Authority established for the purpose of providing or administering services which are common to, or relate to matters of common interest to, two or more overseas countries;

(b)

a university or college in an overseas country;

(c)

a public institution or other organisation engaged in health, welfare, research or educational services in an overseas country;

(d)

an organisation receiving grants from Her Majesty's Government in connection with functions overseas;

(e)

the United Nations Organisation or any of its specialised agencies or any other inter-governmental organisation to which Her Majesty's Government may be party; or

(f)

the Ministry of Overseas Development for service overseas;

being employment which is either pensionable employment within the meaning of section 17(1) of the Act of 1948 or employment undertaken with the approval of the first fund authority;

“prescribed period” has the meaning assigned to it by rule 3;

“retirement pension” means any retirement pension (however named) to which a person becomes entitled in the capacity of contributory employee;

“the rules of 1958” means the Superannuation (Local Government and Overseas Employment) Interchange Rules 1958(2) ;

“the rules of 1961” means the Superannuation (Local Government and Overseas Employment) Interchange (Amendment) Rules 1961(3) ;

“second fund authority” means the local authority administering the superannuation fund to which a person contributes on re-entering local government employment after ceasing to hold overseas employment;

“the transfer value regulations” means the Local Government Superannuation (Transfer Value) Regulations 1954(4) ;

“voluntary contributions” means payments made voluntarily by a contributory employee for the purpose of securing benefits for his widow, children or other dependants and payments (other than payments made in respect of a liability which has been wholly discharged) of any of the following categories—

(a)

additional contributory payments of the kind referred to in section 2(3) and (4) of the Act of 1953;

(b)

any similar payments made under a local Act scheme as a condition of reckoning any period of employment as service or as a period of contribution for the purposes of the scheme or, where the local Act scheme provides for the reckoning of non-contributing service, as contributing service for the purposes of the scheme;

(c)

any payments made for the purpose of increasing the length at which any period of service or of contribution would be reckonable for the purpose of calculating a benefit under a local Act scheme;

(d)

any payments made in respect of added years;

“war service” means war service within the meaning of the Local Government Staffs (War Service) Act 1939, but in the case of a person who before the termination of his war service made a claim under section 10 of the Act of 1937 for the return of contributions, does not include any part of his war service after the date on which the claim was made.

(2) For the purposes of these rules a justices' clerk shall be deemed to be in the employment of the magistrates' courts committee or committee of magistrates by whom he is, or under the provisions of any enactment is deemed to have been, appointed, and in relation to any such person references to “employment” shall be construed accordingly.

(3) Any references in these rules to a person as a contributory employee, or to contributing service, or to the Act of 1937, the Act of 1953, the benefits regulations, or any provision in any of those enactments in their application to that person shall be deemed to include references to a person as a local Act contributor within the meaning of the Act of 1937 and to a person entitled to participate in the benefits of a superannuation fund maintained under a local Act scheme, or to service for the purposes of a local Act scheme, or to any corresponding local Act or scheme or provision therein in their application to that person.

(4) References in these rules to a numbered rule or schedule shall, unless the reference is to a rule of or a schedule to a specified enactment, be construed as references to the rule or schedule bearing that number in these rules.

(5) References in these rules to the provisions of any enactment shall, unless the context otherwise requires, be construed as references to those provisions as amended, extended, modified, applied or re-enacted by any subsequent enactment.

(6) The Interpretation Act 1889 shall apply for the interpretation of these rules as it applies for the interpretation of an Act of Parliament, and as if these rules and the rules revoked by rule 16(1) were Acts of Parliament.

Meaning of “prescribed period”

3.—(1) Subject to the provisions of this rule expression “ prescribed period” in these rules means a period of 12 months after the date on which a person left local government employment or, as the case may be, overseas employment, and in the case of a person who immediately after leaving such employment became engaged in national service, a period of 6 months after the termination of that service.

(2) The reference in paragraph (1) of this rule to a period of 12 months shall be construed in relation to a person to whom section 6 of the Act of 1948 applies (which makes special provisions as to local government superannuation during periods of emergency) as a reference to a period of 5 years or such longer period as the Minister may in any particular case allow.

(3) Without prejudice to paragraph (2) of this rule, the first fund authority may—

(a) in respect of a person who has left local government employment, extend either of the periods referred to in paragraph (1);

(b) in respect of a person who has left one overseas employment and entered further overseas employment, extend the period of 12 months referred to in paragraph (1);

(c) in respect of a person who has left overseas employment and reentered local government employment, extend the period of 21 months referred to in paragraph (1) if—

(i) the person notifies the second fund authority that he desires rule 11 to apply to him, and

(ii) the second fund authority consent.

(1)

(1954 II, p. 1595).

(2)

(1958 II, p. 1845).

(3)

(1961 I, p. 1587).

(4)

(1954 II, p. 1723).