Continuation of Pension Rights
10
1
This Regulation applies to—
a
any person being an officer or servant and a participant in a funded scheme or a general scheme who immediately upon losing his employment as an officer or servant becomes employed as an officer or servant by any such company as is referred to in section 4 or 5 of the Act; and
b
any funded scheme or general scheme in which any person to whom this Regulation applies was a participant immediately before the date of change.
2
The subsequent provisions of this Regulation shall be terms of any pension scheme to which this Regulation applies and notwithstanding anything to the contrary therein contained, every such scheme and any statutory provisions relating thereto and all trust deeds, rules and other instruments made for the purposes thereof shall be construed accordingly.
3
Every person to whom this Regulation applies, being a participant in a pension scheme to which this Regulation applies, may—
a
in the case of a funded scheme, with the consent of the persons in whom the fund held for the purposes of the scheme is vested and the approval of the Commission; or
b
in the case of a general scheme, with the consent of the Commission,
continue, subject as hereinafter provided, to be a member thereof so long as he remains in the service of the company and to be treated in all respects as if his service with company were service with the Commission:
Provided that for the purposes of this Regulation a person's service with the company shall be deemed to have ceased on the date on which—
i
in the case of any such company as is referred to in section 4 of the Act, the company ceases to be under the direct or indirect control of the Commission;
ii
in the case of any such company as is referred to in section 5 of the Act, the shares of the company are sold in accordance with the provisions of that section.
4
No such consent or approval as is mentioned in the last preceding paragraph shall be given except upon the giving of an undertaking by the Company concerned to make such contributions and payments to the fund in the case of a funded scheme or, in the case of a general scheme, to the Commission, in respect of any period commencing with the date of change and ending on the date on which the person in relation to whom the undertaking is given ceases to be in the service of the company, as would, but for the provisions of this Regulation, have fallen to be made by the Commission if that person had been in the service of the Commission and not in the service of the company.
5
The Commission shall not be liable to make any contribution or payment for the purposes of any pension scheme to which this Regulation applies in respect of any person to whom this Regulation applies; being a person who continues to be a participant in that scheme and to be treated as having been such on and after the date of change, for any period commencing with the date of change and ending with the date on which his service with the company ceases.
6
Any person to whom this Regulation applies, being a participant in a scheme to which this Regulation applies, whose emoluments are diminished after the date of change, the cause of such diminution having arisen within the relevant period, may (without prejudice to any other power he may have in that behalf) with the consent of the company concerned and of the persons in whom the fund held for the purposes of the scheme is vested or, as the case may be, the Commission, continue his contributions under the scheme and continue to have contributions paid in respect of him thereunder and to be entitled to the benefits thereof by reference to the amount of his emoluments before they were first so diminished
7
The provisions of Regulations 3 to 5 or, as the case may be, of Regulation 8 of these Regulations, shall apply in relation to any person to whom this Regulation applies whose service with any such company as is referred to in paragraph (1) of this Regulation ceases for any reason other than reaching the relevant age or the happening of any other contingency carrying entitlement to pension under the scheme, misconduct or incapacity to perform such duties as he was performing or could reasonably have been required to perform before the date of change, or whose service is deemed to have ceased for any of the reasons specified in paragraph (3) of this Regulation, as if that person had lost his employment as an officer or servant on the date on which his service with the company ceased instead of on the date of change:
Provided that the provisions of this paragraph shall not apply in any case where the person's service with the company ceases after the expiration of the relevant period as defined for the purpose of the said Regulations.
8
In this Regulation the expression “date of change” in relation to any person to whom this Regulation applies, means the date on which the person ceases to be employed as an officer or servant and becomes employed as an officer or servant by any such company as is referred to in section 4 or 5 of the Act.