The British Transport Commission (Pensions of Employees) Regulations 1953

11.—(1) This Regulation applies to—

(a) any person, being an officer or servant and a participant in an insurance 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 insurance 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 insurance 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 an insurance scheme to which this Regulation applies, may, with the consent of the persons administering the scheme and the approval of the Commission and the life assurance company concerned, 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 the 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 Commission to make such payments of premiums and other payments due to be made under the scheme to the life assurance company or, as the case may be, to the persons administering the scheme, 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 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, and of an undertaking by the company to refund to the Commission all payments so made by them to the life assurance company together with a due proportion of the additional administrative expenses incurred by the Commission in consequence of the provisions of this paragraph.

(5) Any person to whom this Regulation applies, being a participant in an insurance 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 Commission and the persons administering the scheme continue his premiums or contributions under the scheme and continue to have premiums or 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.

(6) The provisions of Regulation 6 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 Regulation 6.

(7) 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.