OpenLegislation

Article 16 Preservation of rights as designated employee

Original text. Later amendments are not shown.

(1)

Subject to the provisions of this rule, where a person to whom this part of these rules applies—

(a)

entered approved employment in such circumstances that, if that employment and any previous employment held by him as a pensionable employee of the body had been local government employment, he would have had the rights of a designated employee who, without a disqualifying break of service, is a contributory employee, and

(b)

was afforded, and throughout his approved employment continued to enjoy, rights corresponding to those to which he would have been entitled if the Act of 1937 had been applicable to him in that employment,

then for the purposes of sections 6 and 31 of the Act of 1937 (which inter alia make provision for designated employees) he shall be deemed not to have had a disqualifying break of service between the date on which he first left local government employment and the date on which he again enters local government employment.

(2)

This rule shall apply only to a person who under or in consequence of the Electricity Act 1947 or the Gas Act 1948 left local government employment and entered employment in which he became a member of a Protected Persons Superannuation Scheme of the British Electricity Authority, an Area Electricity Board or an Area Gas Board, and has remained such a member until immediately before his re-entry into local government employment.