OpenLegislation

Article 5

Original text. Later amendments are not shown.

Where a person ceased to be employed as a fireman after the first day of April, 1948, and before the date of the coming into operation of these rules in order to enter employment by virtue of which he was or was deemed to be a contributory employee or local Act contributor, or employment (not being such employment as aforesaid) by virtue of which he was entitled to participate in any of the benefits of a superannuation fund maintained under a local Act scheme, and he has continued in such employment without a break of more than twelve months at any one time, excluding any period of war service or national service, then, if the authority maintaining the fund to which he is a contributor receive from the authority maintaining the fund to which he is a contributor receive from the authority by whom he was employed as a fireman a transfer value calculated in accordance with a method approved by the Minister of Housing and Local Government, he shall be entitled to reckon a period equal to the period of pensionable service he was entitled to reckon immediately before he ceased to be employed as a fireman increased by one-third

(1)

for the purposes of the Act of 1937, as if it had been a period of contributing service, or

(2)

for the purposes of a local Act scheme, as if it had been a period of service or contribution within the meaning of that scheme,

and his aggregate contributions, within the meaning of the Firemen's Pension Scheme, in respect of the said period of pensionable service shall be deemed to have been contributions in respect of contributing service for the purposes of the Act of 1937, or, as the case may be, in respect of service for the purposes of the local Act scheme, made upon entering such employment as aforesaid to the superannuation fund to which he is a contributor:

Provided that—

(a)

this rule shall not apply to any person who on ceasing to be employed as a fireman was granted an award other than a gratuity or award by way of return of contributions under the Firemen's Pension Scheme;

(b)

this rule shall not apply to any person unless, within three months after the date of the coming into operation of these rules or, if he is not then at that date in such employment as aforesaid, within three months after the date on which he next enters such employment—

(i)

he notifies the authority maintaining the superannuation fund to which he is a contributor that he desires these rules to apply to him;

(ii)

he pays to that authority an amount equal to the amount of any gratuity or award by way of return of contributions made to him on ceasing to be employed as a fireman; and

(iii)

he agrees to pay a sum equal to the amount of the balance of any sum he has undertaken to pay by regular instalments in accordance with the provisions of the Firemen's Pension Scheme, which was outstanding immediately before he ceased to be employed as a fireman, as though the said sum were payable in accordance with the regulations for the time being in force under proviso (ii) to subsection (2) of section 8 of the Act of 1937, or, where he is subject to a local Act scheme, in accordance with the provisions thereof.