OpenLegislation

Article 11 Reckoning of service

Original text. Later amendments are not shown.

(1)

Subject to the provisions of these rules, a person to whom this part of these rules applies shall be entitled to reckon—

(a)

the pensionable service he was entitled to reckon at full length for the purposes of the approved pension scheme, as contributing service; and

(b)

any other service he was entitled to reckon for such purposes, as contributing service for a period adjusted by the fraction by which it would have been adjusted under that scheme.

(2)

Where a person had been engaged in national service before entering local government employment, the period of service which he becomes entitled to reckon under the preceding paragraph shall, if the transfer value received under rule 10(b) is calculated so as to include the liability from which the pension scheme trustees were relieved in respect of the period of national service, be treated as increased by so much of that period as would have been reckonable as pensionable service had the person returned to the same approved employment on the termination of his national service.

(3)

Any service which would have been reckonable under the approved pension scheme by a person to whom this part of these rules applies for the purpose of determining whether he was entitled to receive a benefit thereunder shall be reckonable to the same extent for the purpose of determining whether he is entitled to receive a benefit as a contributory employee.

(4)

Where any part of the service of a person to whom this part of these rules applies is attributable to service, before he entered approved employment, which was non-contributing service for the purpose of these rules or of regulations made under section 67 of the National Health Service Act 1946, such service shall be reckonable in the manner and to the extent to which it would be reckonable if instead of becoming a member of an approved pension scheme on entering approved employment he had become a contributory employee.

(5)

A person to whom this part of these rules applies shall not be entitled under section 12(2) of the Act of 1937 to reckon as non-contributing service any service as referred to therein before the date he entered approved employment if—

(a)

a transfer value in respect of that service has been paid under rule 7, or

(b)

a transfer value in respect of that service has been paid under the corresponding provision of any other interchange rules, or

(c)

a transfer of assets in respect of his local government pension rights has been made out of a local authority's superannuation fund under any enactment.

(6)

Where at any time after a transfer value has been received under rule 10(b) or any corresponding rule revoked by rule 23, any further period of employment has become reckonable as service for purposes of the approved pension scheme, and the pension scheme trustees remit to the fund authority a further transfer value in respect of it, that further period shall be reckonable as it would have been if the further transfer value had been received under rule 10(b).