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

EXPLANATORY NOTE

These Rules contain provisions with respect to the superannuation rights of persons transferring between pensionable local government employment and employment which is pensionable under regulations made under section 61 (1) of the Health Services Act (Northern Ireland), 1948.

Part I of the Rules contain definitions of terms used in the Rules including a definition of “the prescribed time limit”, which is the time within which movement from one pensionable employment to another must take place if the person concerned is not to lose the right to reckon in the second employment the service which was reckonable when he left the first employment. This limit is usually 12 months (or where the employee, immediately after leaving his first employment became engaged in national service, 6 months after completion of that service): but in the case of interchange with certain health service employments allowance may be made for time spent on a course of study or training if the local authority or the Ministry of Health and Local Government (Northern Ireland), as the case may be, is satisfied that by reason of having undertaken the course, the person is better fitted for the duties of his new employment.

Part II provides for the payment of transfer values by local authorities to the Ministry of Health and Local Government (Northern Ireland) in respect of persons moving from pensionable local government employment to employment pensionable under the Health Services (Superannuation) Regulations (Northern Ireland) and, on any such movement taking place, enables the local authority concerned to exercise (with a view to increasing the benefits payable to or in respect of the employee on his retirement or death) certain discretionary powers. Exercise of any such discretionary powers will result in an appropriate adjustment in the transfer value payable to the Ministry of Health and Local Government (Northern Ireland).

Part III provides for the reckoning of previous service in the case of a person who enters pensionable local government employment after having been in employment pensionable under the Health Services (Superannuation) Regulations (Northern Ireland).

Part IV contains miscellaneous provisions with respect to the return of contributions, the application of section 35 of the Local Government Superannuation Act, 1937 (which provides for decisions on questions and appeals to the Minister of Housing and Local Government) and the modification of superannuation benefits and contributions in relation to the National Insurance Act, 1946, (as amended).

The Rules are given limited retrospective operation under the authority of and subject to the safeguards required by section 2 (5) of the Superannuation (Miscellaneous Provisions) Act, 1948.