The Superannuation (Approved Employment) Rules 1949

PART III SUPERANNUATION BENEFITS IN CASES OF PREMATURE RETIREMENT AND MODIFICATION OF PROVISIONS OF SECTION 8 OF THE SUPERANNUATION ACT 1935

9.—(1) The provisions of this Rule shall have effect in relation to an officer in substitution for the provisions of section thirty-four of the Act.

(2) If, after the passing of Act—

(a) the employment of an officer is terminated at his own request after he has attained the age of fifty years; and

(b) no superannuation allowance or additional allowance can be granted to him apart from the provisions of this Rule,

the same superannuation allowance and additional allowance, if any, may be granted to him as might have been granted to him if he had retired from the approved employment upon a medical certificate:

Provided that, unless the Treasury otherwise determine on compassionate grounds, no such allowance shall be granted to a person by virtue of this Rule before he attains the age which would have been the retiring age for him if he had continued in the employment in which he was when he was last a civil servant. And Provided further, that no such allowance shall be granted under this Rule to a person who, after ceasing to be employed in approved employment, becomes employed in the Civil Service of the State.

(3) Where an officer who would have been eligible for the grant of a superannuation allowance but for the operation of the first proviso to paragraph (2) of this Rule dies without any such allowance being granted to him, the Treasury may grant to his legal personal representatives such gratuity, if any, as might have been granted to them if he had died on the last day on which he was employed as a civil servant.

10.—(1) Subsection (2) of section eight of the Superannuation Act 1935 shall have effect as if the words “and no provision is made under any system of superannuation applicable to the approved employment for the grant of pensions to widows or dependants of persons dying while in that employment”, were omitted therefrom.

(2) In any case where—

(a) a gratuity payable under subsection (2) of section eight of the Superannuation Act, 1935, falls to be reduced in accordance with Rule 6 hereof, and

(b) the amount of the contribution to be made under the said Rule exceeds the amount of the gratuity which is payable,

the gratuity shall be increased by an amount equal to the difference between the amount of the gratuity and the amount of the contribution.

11.  Nothing in these Rules shall affect the power of the Treasury under paragraph (b) of subsection (1) of section eight of the Superannuation Act, 1935, to grant to an officer (if requested by him so to do) such superannuation allowance, additional allowance, or gratuity, as is provided for in that paragraph.