OpenLegislation

Article 9

Original text. Later amendments are not shown.

Where any person to whom rule 4 of these rules has become applicable was in his former employment under an Isle of Man authority an insured person within the meaning of the National Insurance (Isle of Man) Act, 1948, then—

(a)

if he had been excepted from the operation of any provision (hereinafter called “the modification provision”) of the pension scheme administered by the Isle of Man authority modifying the benefits provided by the scheme in relation to any such insured person as aforesaid, the provisions of any regulations made by the Minister under subsection (4) of section 69 of the National Insurance Act, 1946 shall not apply to him;

(b)

if he had not been so excepted—

(i)

the provisions of the said regulations shall apply to him as if any service which he becomes entitled to reckon under rule 4 of these rules, being service of which account would have been taken under the modification provision for the purpose of reducing any benefit to which the person might have become entitled under the said pension scheme had he continued to be subject thereto, were contributing service or service for the purposes of the local Act scheme, as the case may be, rendered on or after the fifth day of July, 1948; and

(ii)

if the modification provision modified any benefit to which he might have become entitled under the said pension scheme by reference to a Table and to his age at a given date, the said regulations shall have effect as if any provision therein modifying superannuation benefits by reference to a Table and the age of a person at a given date applied in his case, except that the reference to his age at that date shall be construed as a reference to his age at the date which was relevant for the purposes of the modification provision:

Provided that paragraph (b) (ii) of this rule shall not apply to any person unless the modification provision, or any corresponding provision modifying the benefits provided by any pension scheme to which he was formerly subject in employment which was reckonable as service for the purposes of the pension scheme administered by the Isle of Man authority, applied to him on or before the fifth day of July, 1948.