OpenLegislation

Article 16 Persons to whom part IV of the rules applies

Original text. Later amendments are not shown.

(1)

This part of these rules shall apply to any person (in this part of these rules called “the officer”) who—

(a)

either—

(i)

enters local government employment within twelve months after ceasing to be employed as a civil servant or

(ii)

having become engaged in national service immediately after leaving his employment as a civil servant, enters local government employment within six months after the termination of his national service; and

(b)

has (before or after changing his employment) obtained the consent of the Head of the Department in which he ceased to be employed; and

(c)

has not become eligible for a pension under the Superannuation Act or, if he has become so eligible, is a person to whom the Rules of 1936 do no apply; and

(d)

within three months after the date on which he enters local government employment notifies the local authority maintaining the superannuation fund to which he is then a contributor or, if he has left local government employment, the local authority maintaining the fund to which he was last a contributor that he desires these rules to apply to him, and furnishes that local authority with particulars of any national service in which he has been engaged since he left his previous employment.

(2)

Any period mentioned in paragraph (1)(a) or ( d) of this rule may in any particular case be extended by the authority mentioned in the said paragraph (1)(d) with the consent of the Treasury.

(3)

This part of these rules shall apply to such person as aforesaid and shall be deemed always to have applied to him notwithstanding that he ceased to be employed as a civil servant or entered local government employment before the commencement of these rules or before the passing of the Act, provided that—

(a)

he has been in local government employment without a break of more than twelve months at any one time from the date when he ceased to be employed as a civil servant until the commencement of these rules or, if he left local government employment before such date, until the date when he ceased to be in such employment; and

(b)

if he left local government employment before the commencement of these rules, the local authority maintaining the superannuation fund to which he was last a contributor consent; and

(c)

if he is a person to whom the Rules of 1936 do not apply—

(i)

he ceased to be employed as a civil servant not earlier than 4th February 1948; and

(ii)

the Treasury consent.