Article 4 Transfer values payable by local authorities

(1)

Subject as hereinafter provided, where a person becomes, or before the date of the coming into operation of these rules became, employed in transport employment within the prescribed time limit after ceasing to be employed in local government employment (in this Part of these rules referred to in relation to such a person as his “former employment”) and without having become entitled to any benefit under the Acts of 1937 to 1953 or the local Act scheme to which he was subject, other than a return of contributions, then—

(a)

the like transfer value shall be payable to the transport authority out of the superannuation fund to which the person was a contributor in his former employment by the authority maintaining that fund as would have been payable under the transfer value regulations had the person become a contributory employee, less an amount equal to any sum which the trustees of the fund may become liable to pay by way of income tax in respect of the amount transferred by way of transfer value, and

(b)

the like particulars relating to the person's previous pensionable service shall be furnished to the person as would have been given to him if instead of entering transport employment he had become a contributory employee.

(2)

The foregoing paragraph shall not apply to any person unless within 3 months after becoming employed in transport employment or within 6 months after the date of the coming into operation of these rules, whichever period last expires, or within such longer period as the transport authority may with the consent of the authority maintaining the superannuation fund to which he was a contributor in any particular case allow, he

(a)

notifies the transport authority in writing that he desires these rules to apply to him;

(b)

furnishes the transport authority with particulars in writing of any national service in which he has been engaged since he left his former employment; and

(c)

pays to the transport authority an amount equal to any sum paid to him by way of return of contributions, other than voluntary contributions:

Provided that the said authority may in any particular case allow a longer period than aforesaid for payment under this sub-paragraph.

(3)

Paragraph (1) of this rule shall not apply to any person who ceased to hold his former employment before the date of the coming into operation of these rules unless—

(a)

the authority maintaining the fund to which he was a contributor consent; and

(b)

he entered transport employment not earlier than the date (if any) specified for that employment in column 2 of the schedule to these rules and has remained in transport employment without a break of more than 12 months at any one time until the coming into operation of these rules or until he ceased to be employed in circumstances in which he became entitled to a superannuation benefit under the relevant scheme.

(4)

The transfer value payable in respect of a person who ceased to hold his former employment more than 12 months before the date of the coming into operation of these rules shall be calculated by reference to his age at that date.

(5)

The transfer value payable in respect of a person to whom rule 3(2) of these rules applies, who since leaving his former employment and before entering his new employment has undergone a course of study or training, shall be calculated by reference to his age at the date when he became employed in transport employment.

(6)

The transfer value payable in respect of a person who had been an established officer or servant within the meaning of the Act of 1909 shall be calculated as if paragraph (c) had been omitted from the definition of “service” in paragraph 1 of schedule 1 to the transfer value regulations.

(7)

Where a transfer value is payable in respect of a person who before becoming employed in local government employment had been subject to the Act of 1909 and the body by whom he was last employed while subject to on the Act of 1909 would, if he had become entitled to a superannuation allowance on ceasing to be employed in local government employment, have been liable to contribute to that allowance, that body or, if that body has been dissolved or has ceased to exercise functions as such, the appropriate authority in relation to that body, shall pay to the authority maintaining the fund out of which the transfer value is payable a sum equal to the transfer value which that body or the appropriate authority aforesaid would have been liable to pay to the Minister of Health under regulation 56(4) of the National Health Service (Superannuation) Regulations 1950^f1, if that regulation had become applicable to the person on the date when he entered transport employment; and where that body would have had in respect of any such contribution to a superannuation allowance as aforesaid a right of contribution from any other body, that other body or, if that other body has been dissolved or has ceased to exercise functions as such, the appropriate authority in relation to that other body shall pay to the authority maintaining the superannuation fund aforesaid a sum equal to the transfer value which that other body or the appropriate authority in relation to that other body would have been liable to pay to the Minister of Health under paragraph (5) of the said regulation 56 if that regulation had become applicable to the person when he entered transport employment.

In this paragraph “appropriate authority” in relation to a body has the same meaning as in paragraph (15) of the said regulation 56.

Annotations

Footnotes

f1: (1950 I, p.1327)