Article 2 Interpretation

In these rules, unless the context otherwise requires—

• “the Act of 1937” means the Local Government Superannuation Act 1937;

• “the Act of 1948” means the Superannuation (Miscellaneous Provisions) Act 1948;

• “the Act of 1953” means the Local Government Superannuation Act 1953;

• “accrued pension rights” , in relation to a person in approved employment, means such amount as the pension scheme trustees are entitled under the rules of the approved pension scheme to transfer in respect of that person upon his ceasing to be a member of that scheme;

• “added years” means—

  1. (a)

     in relation to a person in local government employment, any additional years of service reckonable by him under regulation 12 of the benefits regulations or that regulation as applied by or under any enactment, and includes any additional years of service which, having been granted thereunder, have subsequently become reckonable under or by virtue of any other enactment, and

  2. (b)

     in relation to a person in approved employment, any additional years of service of the nature of the additional years of service referred to in (a) of this definition which have been granted in, or have otherwise become reckonable in, that employment;

• “approved body” means a public board or other body which is mentioned in column (1) of the table in schedule 1, 2, 3 or 4;

• “approved employment” means employment with an approved body in which a person is a member of an approved pension scheme;

• “approved pension scheme” means a scheme or arrangement for the payment of pensions specified in column (2) of the table in schedule 1, 2, 3 or 4 against the name of an approved body in column (1);

• “benefit” means any superannuation benefit payable to or in respect of any person ;

• “the benefits regulations” means the Local Government Superannuation (Benefits) Regulations 1954 ^f1 ;

• “contributing service” , “contributory employee”, “designated employee” and “disqualifying break of service” have the same meanings as in the Act of 1937;

• “enactment” includes any instrument made under any enactment;

• “fund authority” means a local authority maintaining a superannuation fund to which a person either became a contributor after he left approved employment or, as the case may be, was last a contributor before he entered approved employment;

• “interchange rules” means rules made under section 2 of the Act of 1948;

• “local authority” has the same meaning as in the Act of 1937;

• “local government employment” means employment by virtue of which the person employed is or is deemed to be a contributory employee;

• “the Minister” means the Minister of Housing and Local Government;

• “the modification regulations” means the National Insurance (Modification of Local Government Superannuation Schemes) Regulations 1969^f2 ;

• “national service”, in relation to any person, means service which is relevant service within the meaning of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951, and any similar service immediately following relevant service entered into with the consent of the authority or person by whom he was employed before undertaking that service or, in the case of a person who holds an appointment to an office and is not employed under a contract of employment, with the consent of the authority by whom he was appointed;

• “non-contributing service” has the same meaning as in the Act of 1937;

• “pension scheme trustees” means the persons having the general control and management of the administration of an approved pension scheme ;

• “prescribed date” means—

  1. (a)

     in relation to transfers from local government employment to approved employment for which a date is specified in column (3) of the table in schedule 1, 2, 3 or 4 against the name of the approved body in column (1), the date so specified; and

  2. (b)

     in relation to transfers from approved employment to local government employment, the date specified in column (4) of the table aforesaid;

• “prescribed period” has the meaning assigned to it by rule 4;

• “schedule 2 scheme”, “schedule 3 scheme” and “schedule 4 scheme” mean an approved pension scheme mentioned in the table in schedule 2, schedule 3 and schedule 4 respectively (being schemes which provide benefits which are not reasonably equivalent actuarially to those provided under the Act of 1937);

• “transfer value regulations” means the Local Government Superannuation (Transfer Value) Regulations 1954^f3 ;

• “voluntary contributions” means—

  1. (a)

     in relation to a person who enters approved employment after leaving local government employment, payments made voluntarily by him, while in local government employment or in overseas employment within the meaning of the Superannuation (Local Government and Overseas Employment) Interchange Rules 1969^f4, for the purpose of securing benefits for his widow, children or other dependants and payments (other than payments made in respect of a liability which has been wholly discharged) of any of the following categories:—

     1. (i)

        additional contributory payments of the kind referred to in section 2(3) and (4) of the Act of 1953;

     2. (ii)

        any similar payments made under a local Act scheme as a condition of reckoning any period of employment as service or as a period of contribution for the purposes of the scheme or, where the local Act scheme provides for the reckoning of non-contributing service, as contributing service for the purposes of the scheme;

     3. (iii)

        any payments made for the purpose of increasing the length at which any period of service or of contribution would be reckonable for the purpose of calculating a benefit under a local Act scheme;

     4. (iv)

        any payments made in respect of added years; and

  2. (b)

     in relation to a person who enters local government employment after leaving approved employment, any payments similar in character to those referred to in (a) of this definition for which provision was made in the approved pension scheme.

For the purposes of these rules a justices' clerk shall be deemed to be in the employment of the magistrates' courts committee or committee of magistrates by whom he is, or under the provisions of any enactment is deemed to have been, appointed, and in relation to any such person references to “employment”shall be construed accordingly.

Any references in these rules to a person as a contributory employee, or to contributing service, or to the Act of 1937, the Act of 1953, the benefits regulations, or any provision in any of those enactments in their application to that person shall be deemed to include references to a person as a local Act contributor within the meaning of the Act of 1937 and to a person entitled to participate in the benefits of a superannuation fund maintained under a local Act scheme, or to service for the purposes of a local Act scheme, or to any corresponding local Act or scheme or provision therein in their application to that person.

References in these rules to a numbered rule or schedule shall, unless the reference is to a rule of or a schedule to a specified enactment, be construed as references to the rule or schedule bearing that number in these rules.

Unless the context otherwise requires, references in these rules to the provisions of any enactment or scheme shall be construed as references to those provisions as amended, extended, modified, applied or re-enacted by any subsequent enactment or scheme.

The Interpretation Act 1889 shall apply for the interpretation of these rules as it applies for the interpretation of an Act of Parliament, and as if these rules and the rules revoked by rule 23 were Acts of Parliament.