OpenLegislation

Article 10 Reckoning of service

Original text. Later amendments are not shown.

(1)

Subject to the provisions of this rule, a person to whom this part of these rules applies shall be entitled to reckon as contributing service such number of completed years and months as having regard—

(a)

to his age and remuneration at the date when he left Federated Schemes Employment and

(b)

to the class to which he belonged or the description under which he fell as an officer or a servant on entering local government employment,

would have produced a transfer value of the amount received under rule 9(b) had he left local government employment in the circumstances described in section 29 of the Act of 1937 at that date.

(2)

The reference in the preceding paragraph to the person's age shall be construed—

(a)

where he left Federated Schemes Employment before 1st April 1968 and entered local government employment before 1st April 1969, as a reference to his age at 1st April 1969;

(b)

where he enters local government employment on or after 1st April 1969 and more than 12 months after leaving Federated Schemes Employment, as a reference to his age on entering local government employment.

(3)

The reference in paragraph (1) of this rule to a transfer value shall be construed as a reference to a transfer value which is not subject to reduction under regulation 6 of the transfer value regulations or under any regulations made or having effect as if made under section 110 of theNational Insurance Act 1965

(4)

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 Federated Schemes Employment if—

(a)

a transfer value in respect of that service has been paid under rule 6, 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 accrued pension rights has been made out of a local authority's superannuation fund under any enactment.

(5)

Any service which would have been reckonable under the relevant 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.