Article 8 Continuation of payments
Where the officer was, at the time when he left local government employment, in the course of making payments (other than those to which paragraph (2) of this rule applies) by way of—
instalments in discharge of a fixed sum, or
contributions of a fraction or percentage of emoluments additional to the percentage payable in respect of current service,
as a condition of being entitled to reckon the service in relation to which those payments were being made as a period of contributing service for the purposes of the Act of 1937 or the Scottish Act of 1937, or as service or a period of contribution for the purposes of a local Act scheme, or as a condition of increasing the length at which the said service would be reckonable for the purpose of calculating a benefit under the Act of 1937 or the Scottish Act of 1937 or a local Act scheme, he shall be entitled when giving notice to the Department in pursuance of rule 3(2)(d) of these rules to elect to continue those payments in the manner provided by this paragraph, and—
if he does so elect and repays forthwith to the Treasury a sum equal to the sum (if any) paid to him by way of a return of such payments on or after leaving local government employment—
he shall be liable to pay the outstanding payments to the Treasury in the manner in which they would have been payable by him if he had remained in his local government employment; and
the service in respect of which they are made shall be reckonable for the purposes of the Superannuation Act in the manner in which it would by virtue of these rules have been reckonable if immediately before he left his local government employment he had been under no further liability in respect of such payments;
if he does not so elect, or if he fails to pay any sum payable to the Treasury under sub-paragraph (a) of this paragraph, then for the purpose of the Superannuation Act account shall be taken of the service in respect of which the payments were being made only to the extent (if any) to which by virtue of these rules account would have been taken of that service if he had not been in the course of making such payments in respect thereof at the time when he left his local government employment.
Where the officer was, at the time when he left his local government employment, in the course of making payments in respect of added years, he shall be entitled, when giving notice to the Department in pursuance of rule 3(2)(d) of these rules, to elect to continue to make the same payments to the Treasury in respect of added years as he would have been liable to make to the fund authority, and if he does so elect and repays forthwith to the Treasury a sum equal to the sum (if any) paid to him by way of a return of any such payments on or after leaving local government employment, he shall be liable to make payments to the Treasury in respect of the said added years in the manner in which and at the times at which he would have been liable to make them under the superannuation provisions which were applicable to him in his local government employment and, if he makes those payments, he shall be entitled to have the added years reckoned for the purposes of the Superannuation Act as service in the capacity of a civil servant:
Provided that—
the said added years shall not be reckonable for the purposes of the Superannuation Act if the officer left his local government employment in such circumstances that in consequence of a resolution of the authority by whose consent the added years first became reckonable he ceased to be entitled to reckon the added years; and
no account shall be taken of added years 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.