OpenLegislation

Article 9

Original text. Later amendments are not shown.

(1)

Subject to the provisions of this Order, this Article shall apply to every officer who is a member of a pension scheme under which he has pension rights in connection with his service in the employment of a nationalised transport body, and who (though not discharged) suffers a diminution of his emoluments, or a change in the nature or terms of his employment, by reason of a relevant event, the cause of such diminution or change having arisen not later than the end of 10 years after the date of the event in question.

(2)

An officer to whom this Article applies as a result of a diminution of his emoluments may (without prejudice to any other power he may have in that behalf) with the consent of the appropriate body and the persons administering the pension 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; and notwithstanding anything to the contrary contained therein, 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 and as though the provisions of this paragraph were a term of the scheme.

(3)

An officer to whom this Article applies as a result of a change in the nature or terms of his employment, the change being such as would terminate his membership of the pension scheme, shall have the right, if he gives notice in writing to that effect to the persons administering the scheme within 3 months of the date of such change, to continue to be a member of the scheme so long as he remains in the employment of a nationalised transport body and to be treated as having been such from the date of such change and as subject to the like conditions as to payment of premiums or contributions and otherwise in all respects as if that change had not taken place; and notwithstanding anything to the contrary contained therein, 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 and as though the provisions of this paragraph were a term of the scheme.

(4)

Where an officer who is entitled to give notice under paragraph (3) of this Article to the persons administering a pension scheme does not give that notice within the time prescribed thereby, the provisions of this Order (other than Article 2) shall apply in respect of him as if he were a discharged officer and as if the date of the change in the nature or terms of his employment which entitles him to give the said notice were the date of his discharge.