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Article 4 Reckoning of previous service

Original text. Later amendments are not shown.

(1)

The period of the officer's service which is reckonable, at the date when he leaves local government employment, as contributing service for superannuation purposes, or as service or a period of contribution for the purposes of a local Act scheme, and any period of war service or national service after he leaves local government employment which would have been so reckonable had he re-entered local government employment on the termination of his war service or national service, shall be reckoned for the purposes of the Superannuation Act as service in the capacity of a civil servant:

Provided that—

(a)

where any period of service is reckoned at a fraction of its actual length for the purpose of calculating the transfer value paid by the fund authority under rule 5 of these rules, then account shall be taken of that period of service—

(i)

at its actual length only for the purpose of determining whether the officer has served for the minimum period prescribed by the Superannuation Act as necessary for any pension to be paid to or in respect of him; and

(ii)

at the said fraction of its actual length for the purpose of calculating the amount of any pension payable to him under the Superannuation Act; and

(b)

in taking account of contributing service or any period of service or period of contribution for the purpose of a local Act scheme, regard shall be had to the provisions of rule 8 of these rules.

(2)

Where any period of the officer's service is reckonable, at the date when he leaves local government employment, as non-contributing service for superannuation purposes, one-half of that period shall be reckoned for the purposes of the Superannuation Act as service in the capacity of a civil servant:

Provided that—

(a)

for the purpose of determining whether the officer has served for the minimum period prescribed by the Superannuation Act as necessary for any pension to be paid to or in respect of him, the whole of the period aforesaid shall be reckoned as service in the capacity of a civil servant; and

(b)

where, in exercise of the powers conferred upon them by rule 5(1)(a)(i) of the Rules of 1935 or rule 9(1)(a) of the Rules of 1936, a local authority have passed a resolution in respect of the officer determining a higher rate for calculation of benefits than one one-hundred-and-twentieth of his emoluments in respect of each completed year or part of a year exceeding six months of his non-contributing service, then for the purposes of these rules his non-contributing service shall be treated as though it were contributing service, but the length of such service shall be reckoned at such proportion only of its actual length as is obtained by multiplying the number of years of its actual length by sixty and by dividing the resulting figure by the denominator of the fraction constituting such higher rate.

(3)

Where part of the officer's service, not being a part to which any of the preceding provisions of this rule relates, is reckonable at the time he leaves local government employment for the purpose of determining whether he is eligible to receive a pension but not for calculating the amount thereof, account shall be taken of that part for the purpose of determining whether the officer has served for the minimum period prescribed by the Superannuation Act as necessary for any pension to be paid to or in respect of him and for no other purpose.

(4)

Where during his local government employment the officer has been employed as a part-time employee, the period of his part-time service shall be treated for the purposes of these rules as though it were whole-time service for a proportionately reduced period.

(5)

Any of the officer's service which is reckonable by virtue of section 17 of the Act of 1937 or section 15of the Scottish Act of 1937 as contributing or non-contributing service shall be disregarded for the purposes of these rules.