Paragraph 1

For paragraph 6 of Schedule M1 substitute—

“Persons transferred to Common Council under section 18(4)(a) of the National Health Service Reorganisation Act 1973

6

(1)

This sub-paragraph applies to a person—

(a)

who was by or under an order made under section 18(4)(a) of the National Health Service Reorganisation Act 1973^f1 transferred to the employment of the Common Council,

(b)

who immediately before he was so transferred was in an employment in which he was an officer (within the meaning of the Health Service regulations),

(c)

who on the date on which he was so transferred became a contributor to the local Act superannuation fund in the employment to which he was so transferred,

(d)

who became a member in that employment on 1st October 1977, and

(e)

to whom sub-paragraph (4) does not apply.

(2)

A person to whom sub-paragraph (1) applies is, subject to sub-paragraph (3), entitled to count—

(a)

as, or as a period of, membership any service which for the purposes of the Health Service regulations he was entitled to count in relation to the employment mentioned in sub-paragraph (1)(b), as, or as a period of, contributing service, and

(b)

as a period to which Part II of Schedule B6 applies any service which for the purposes of those regulations he was entitled to count in relation to that employment for the purpose of determining whether he was entitled to a benefit under those regulations, but for no other purpose.

(3)

For the purposes of sub-paragraph (2)—

(a)

any period of part-time service shall be treated as though it was whole-time service for a proportionately reduced period, and

(b)

except for the purposes of—

(i)

determining whether a person is entitled to, or to payment of, a benefit, or

(ii)

ascertaining, where notice was given under Schedule 2 to the Benefits regulations or regulation D6 or D7 of the 1974 regulations, the maximum length of any additional period to which regulation C9 applies,

any service which was reckonable under the Health Service regulations for all purposes (other than for the purpose of determining whether any benefit was payable) as a period of contributing service at half its length shall be counted at half its length.

(4)

Subject to sub-paragraph (5), in relation to a person who gave notice under regulation 19(3) of the Local Government Superannuation (City of London) Regulations 1977^f2 that he did not wish to avail himself of the benefits provided under the 1974 regulations, these regulations—

(a)

have effect as if they conferred on him rights corresponding with those which he would have enjoyed if he had remained subject to the provisions of the Health Service regulations, and

(b)

continue so to have effect so long as he is employed without a disqualifying break of service by the Common Council on duties reasonably comparable to those on which he was engaged immediately before he was transferred.

(5)

Notwithstanding anything in sub-paragraph (4), where that sub-paragraph applies—

(a)

paragraph 8 of Schedule B6 has effect as if—

(i)

references to a period to which Part II of that Schedule applies included references to periods of service which count for the purpose of determining whether any benefit is payable,

(ii)

in sub-paragraph (2), the reference to regulation E2(1)(c) of the 1986 regulations included a reference to regulation 8(1)(a)(iv) of the Health Service regulations, and

(iii)

“retirement pension” included a pension payable by virtue of sub-paragraph (4),

(b)

Part I of Schedule D5 has effect in lieu of regulation 39 of the Health Service regulations and as if—

(i)

“retirement pension” included a pension payable by virtue of sub-paragraph (4), and

(ii)

for the purpose of ascertaining the remuneration of a former employment, entitlement to such a pension were not an entitlement under these regulations, the 1986 regulations or the 1974 regulations, and

(c)

regulation H4 has the effect in lieu of regulation 55 of the Health Service regulations.

(6)

In this paragraph “the local Act superannuation fund” has the same meaning as in the Local Government Superannuation (City of London) Regulations 1977.”