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The Education of Handicapped Children (Transfer of Staff and Property) Order 1971

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Superannuation of officers of regional hospital boards

9.—(1) This article shall have effect as from the appointed day for the protection of the superannuation rights of any person transferred to the employment of a local education authority by virtue of article 4(1) of this order who was before the appointed day an officer to whom Part II of the National Health Service (Superannuation) Regulations 1961 as amended(1) applied by virtue of regulation 4(1) of those regulations.

(2) Any such person as is mentioned in paragraph (1) of this article shall not, so long as he continues to be engaged in that authority's employment in duties reasonably comparable to those in which he was engaged immediately before the appointed day, be treated as falling within section 3(2) of the Local Government Superannuation Act 1937 unless—

(a)he is employed otherwise than as a teacher; and

(b)within three months after the appointed day, or such longer period as the Secretary of State for Social Services may in his case approve, he otherwise elects by notice in writing to the Secretary of State for Social Services and the authority to whose employment he is transferred.

(3) In its application to a person transferred by virtue of article 4(1) of this order to the employment of the council of the county borough of Manchester paragraph (2) above shall have effect with the substitution for the reference to section 3(2) of the Local Government Superannuation Act 1937 of a reference to the scheme administered under the Manchester Corporation (Pensions) Acts 1920 to 1970.

(4) Any agreement or trust deed made for the purposes of any scheme of superannuation by policies of insurance by the Secretary of State for Social Services in respect of any such person as is mentioned in article 4(1) of this order and having effect immediately prior to his transfer shall, so far as relates to that person, have effect thereafter as if it had been made with the local education authority to whose employment he is transferred by virtue of that article; and any policies of insurance which are held for the purposes mentioned in this paragraph for the benefit of any such person by the Secretary of State for Social Services shall be held for the like purposes by that authority.

(5) As regards any person transferred by virtue of article 4(1) to whom the National Health Service (Superannuation) Regulations 1961 as amended apply by virtue of a direction given by the Secretary of State for Social Services under section 7(2) of the Superannuation (Miscellaneous Provisions) Act 1967, the obligation to pay contributions which is imposed by regulation 7(1)(b) of those regulations shall be discharged by the local education authority to whose employment he is transferred; and the references in that regulation to the employing authority shall be construed accordingly.

(1)

S.I. 1966/1523, 1967/949.

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