OpenLegislation

Article 12 Transfer to the employment

Original text. Later amendments are not shown.

(1)

This Rule shall apply to any person who—

(a)

has been continuously employed in a pensionable capacity in two or more public offices which not less than two are compatible public offices; and

(b)

ceases to be employed in a compatible public office and becomes employed in other employment, not being employment in a public office, in such circumstances that such of his service as is reckonable for the purposes of the superannuation scheme applicable to that compatible public office is treated, whether on payment of a transfer value or otherwise, as reckonable service for the purposes of the superannuation scheme applicable to that other employment.

(2)

For the purposes of this Rule, a person shall be deemed to be employed in a compatible public office if he is employed in—

(a)

the civil service of the State; or

(b)

any other public office in which he is subject to a superannuation scheme which is, in the opinion of the Treasury, so similar to the statutory superannuation scheme applicable to the civil service of the State that it is practicable to aggregate periods of service falling within each of those schemes.

(3)

In this Rule a person to whom this Rule applies is referred to as an “officer”.

(4)

The authority administering the superannuation scheme applicable to any compatible public office included in the public offices in which an officer was continuously employed in a pensionable capacity, except the last such compatible public office, may pay to the authority administering the scheme applicable to the compatible public office in which he was next employed after ceasing to be employed in the first-mentioned compatible public office a transfer value, calculated in accordance with tables approved by the Treasury, in respect of the aggregate of the periods of service which the officer was entitled to reckon for the purposes of each of the superannuation schemes applicable to the compatible public offices included in the public offices in which the officer was continuously employed in a pensionable capacity up to the time when he ceased to be employed in the first mentioned compatible public office.

(5)

If the authority administering the superannuation scheme applicable to each of the compatible public offices included in the public offices in which the officer was continuously employed, except the last such compatible public office, makes the payment specified in the last preceding paragraph, the aggregate of the periods of service which the officer was entitled to reckon for the purposes of each of the superannuation schemes applicable to the compatible public offices included in the public offices in which he was continuously employed in a pensionable capacity before he became employed in the last compatible public office in which he was employed shall be treated as reckonable service for the purposes of the superannuation scheme applicable to that last compatible public office.

(6)

Where—

(a)

an officer has been employed in two public offices and his service in the earlier of those public offices was non-pensionable service and his service in the later was pensionable service; and

(b)

the rules of the superannuation scheme applicable to the earlier public office were such that if he had subsequently rendered pensionable service in that public office his non-pensionable service therein would have been reckoned as to the whole or any part thereof for the purpose of the award of superannuation benefits under that scheme,

then, for the purposes of this Rule, he shall be treated as having served in the earlier public office in a pensionable capacity, and such period of service as would have been reckoned as aforesaid shall be treated as the period of service which the officer was entitled to reckon for the purposes of the superannuation scheme applicable to that earlier public office.