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The Pensions Increase (Approved Schemes) (Local Government) Regulations 1972

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Regulation 2(1)

SCHEDULE 1MEANING OF RECKONABLE SERVICE

1.  Subject to the provisions of this schedule, a person's reckonable service shall be a period equivalent to the aggregate of any periods of employment which have both—

(a)been spent in any employment described in paragraph 2 of this schedule, and

(b)become reckonable under the superannuation scheme mentioned in regulation 4(1)(b)(i) of these regulations as described in paragraph 3 of this schedule.

2.  The employments to which paragraph 1 of this schedule relates are—

(a)employment under a local authority or a local authority within the meaning of section 34 of the Local Government Superannuation (Scotland) Act 1937;

(b)employment under any voluntary organisation, undertakers or body who have entered into an admission agreement under section 15 of the Local Government Superannuation Act 1953 or section 7 of the Superannuation (Miscellaneous Provisions) Act 1948;

(c)employment under an authority which was or was deemed to be an employing authority for the purposes of the Health Service Regulations or the National Health Service (Superannuation) (Scotland) Regulations 1961(1);

(d)employment in which the person was subject to any regulations or scheme made under section 2 of the Local Government (Superannuation) Act (Northern Ireland) 1950, or section 61 of the Health Services Act (Northern Ireland) 1948 or section 54 of the National Health Service (Isle of Man) Act 1948 (an Act of Tynwald);

(e)employment in the civil service of the State;

(f)employment by a county or district nursing association during any period when a local health authority had arrangements with, or paid contributions to, that association under Part III of the National Health Service Act 1946, Part III of the National Health Service (Scotland) Act 1947 or section 10 of the Health Services and Public Health Act 1968.

3.  For the purposes of paragraph 1 of this schedule a period of employment shall be deemed to have become reckonable under the superannuation scheme referred to in that paragraph if—

(a)during such period the person was subject to that superannuation scheme and the contributions authorised or required to be paid by the employer were duly paid, or

(b)such period was taken into account in calculating a sum in the nature of a transfer value paid to that scheme under rules made under section 2 of the Superannuation (Miscellaneous Provisions) Act 1948 or under the Health Service Regulations, or any corresponding provision in force in Scotland, Northern Ireland or the Isle of Man:

Provided that—

(i)so much of any period referred to in sub-paragraph (b) as consisted of non-contributing service shall be reckonable under this paragraph at half its actual length, and

(ii)so much of any such period as consisted of part-time service shall be reckonable under this paragraph as though it were whole-time service for a proportionately reduced period.

4.  For the purposes of regulation 4(1)(b)(ii) of these regulations, there may be added to the service described in paragraph 1 of this schedule—

(a)any period of previous service which would have been reckonable under regulation 22 of the Health Service Regulations (which provides for the reckoning of qualifying service in certain cases) or any corresponding provision in force in Scotland, Northern Ireland or the Isle of Man, and

(b)any period of employment by a county or district nursing association during which a local authority had arrangements with that association under section 1 of the Midwives Act 1936 or section 1 of the Maternity Services (Scotland) Act 1937.

5.  For the purposes of paragraph 3(a) of this schedule no account shall be taken of any period of employment preceding a break of 12 months or more during which the person was not in employment described in paragraph 2 hereof.

Regulation 2(2)

SCHEDULE 2ENACTMENTS AND REGULATIONS HAVING EFFECT UNDER PARAGRAPH 5(1) OF SCHEDULE 7 TO THE ACT OF 1972

  • The Act of 1937

  • The Local Government Superannuation (Scotland) Act 1937

  • Section 7 of the Superannuation (Miscellaneous Provisions) Act 1948

  • The Local Government Superannuation Act 1953

  • The Local Government Superannuation (Benefits) Regulations 1954

(1)

(1961 II, p. 2697).

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