OpenLegislation

Article 4

Original text. Later amendments are not shown.

(1)

Where a person enters or has entered employment by virtue of which he is or is deemed to be a contributory employee or local Act contributor, or employment (not being such employment as aforesaid) by virtue of which he is entitled to participate in any of the benefits of a superannuation fund maintained under a local Act scheme, within a period of twelve months after ceasing to be a pensionable employee of a Northern Ireland employing authority, or if he ceased to be such an employee in order to undertake war service or national service within a period of six months after the termination of that service, then, if the authority maintaining the fund to which he is a contributor receive from the Committee or the Corporation, as the case may be, a transfer value calculated in accordance with a method approved by the Minister in respect of the contributing service and non-contributing service (if any) which the person was entitled to reckon for the purposes of the pension scheme administered by the Committee or the Corporation, as the case may be, immediately before he ceased to be employed by the Northern Ireland employing authority, he shall be entitled to reckon that service as contributing service, non-contributing service or service for the purposes of the local Act scheme, as the case may be, in the same manner as if it had been contributing service or non-contributing service within the meaning of the Act of 1937, and he shall also be entitled to reckon for the purpose of determining whether any benefit is payable to or in respect of him under the Act of 1937 or the local Act scheme any service which would have been reckonable for the purpose of determining whether any benefit was payable to or in respect of him under the said pension scheme:

Provided that—

(a)

this rule shall not apply to any person unless within three months after entering his new employment, or, if he entered that employment before the date of the coming into operation of these rules, within six months after that date, he notifies in writing the authority maintaining the superannuation fund to which he is a contributor that he desires these rules to apply to him, furnishes them with particulars of his previous pensionable employment and war service or national service (if any) and pays to them an amount equal to any sum paid to him by way of a return of contributions on or after his ceasing to hold his former employment;

(b)

this rule shall not apply in relation to any person who became a contributor to a superannuation fund maintained by a local authority before the date of the coming into operation of these rules unless he ceased to hold his former employment not earlier than the fourth day of February, 1948, and he has been such contributor without a break of more than twelve months at any one time, excluding any period of war service or national service, after ceasing to hold his former employment;

(c)

where any service of a person for the purposes of the said pension scheme administered by the Committee or the Corporation, as the case may be, would have been reckonable for the calculation of benefits as non-contributing service under that scheme at a higher rate than one one-hundred-and-sixtieth of his emoluments in respect of each completed year or part of a year exceeding six months of that service, then, for the purposes of this rule, except for the purpose of determining whether any benefit is payable to or in respect of him under the Act of 1937, or the local Act scheme, that service shall be treated as though it had been contributing service of such proportion of the actual length of that service as is obtained by multiplying the number of years of its actual length by eighty and dividing the product by the denominator of the fraction constituting such higher rate as aforesaid;

(d)

any service which would have been treated for the purposes of the said superannuation scheme administered by the Committee or the Corporation, as the case may be, as being eight-fifths of the actual length thereof shall be so treated for the purposes of the Act of 1937 or the local Aot scheme; and

(e)

where a person has ceased to be a pensionable employee of the Corporation and this rule has become applicable to him, then, if the Corporation, within three months after the date on which they were informed of his notification that he desires this rule to apply to him, resolve to add a number of years to the number of years which that person had actually served in the aggregate, the number of years so added shall be deemed to be a period of service which that person was entitled to reckon as contributing service for the purposes of the pension scheme administered by the Corporation immediately before he ceased to be employed by the Corporation.

(2)

Where a person to whom this rule has become applicable was in his pensionable employment under a Northern Ireland employing authority a part-time employee and held no other pensionable employment, the period of his service as such part-time employee shall be treated for the purposes of this rule as if it had been whole-time service for a proportionately reduced period.