The Superannuation (English Local Government and Northern Ireland Health Service) Interchange Rules 1957

Modification of benefits and obligations in relation to the National Insurance Acts

11.  Where any person to whom rule 6 of these rules has become applicable was in his former employment as an officer an insured person within the meaning of the National Insurance Act (Northern Ireland), 1946, then—

(a) if he was excepted from the operation of any provision (hereinafter called “the modification provision”) of the Health Services Regulations modifying the benefits provided by the said regulations in relation to any such insured person as aforesaid, the provisions of any regulations made by the Minister of Health or the Minister of Housing and Local Government under subsection (4) of section 69 of the National Insurance Act, 1946, and the provisions of any other regulations or any scheme replacing wholly or in part the provisions of the regulations made under the said subsection (4), shall not apply to him; and

(b) if he was not so excepted—

(i) the provisions of any such regulations or scheme as aforesaid applicable to him in his new employment shall apply to him as if any service which he becomes entitled to reckon under rules 6 and 7 of these rules, being service of which account would have been taken under the modification provision for the purpose of reducing any benefit to which the person might have become entitled under the Health Services Regulations had he continued to be subject thereto, were service rendered on or after the fifth day of July, 1948; and

(ii) if the modification provision modified any benefit to which he might have become entitled under the Health Service Regulations by reference to a Table and to his age at a given date the provisions of any such regulations or scheme as aforesaid applicable to him in his new employment shall have effect as if any provision therein modifying superannuation benefits by reference to a Table and the age of a person at a given date applied in his case, except that the reference to his age at that date shall be construed as a reference to his age at the date which was relevant for the purposes of the modification provision:

Provided that paragraph (b) (ii) of this rule shall not apply to any person unless the modification provision, or any corresponding provision modifying benefits provided by any pension scheme to which he was formerly subject in employment which was reckonable as service for the purposes of regulations made under subsection (1) of section 61 of the Act of 1948, applied to him on or before the fifth day of July, 1948.