Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

62 Pension rights of justices' clerks, collecting officers and their staff

(1) Subsections (2) and (3) of this section shall apply to a person who at the date of the coming into force of section nineteen of the Justices of the Peace Act, 1949 (which relates to justices of the peace, collecting officers and their staffs), is performing relevant service and who, on the termination of that service, or within six months thereafter, becomes superannuable in accordance with section twenty-two of the said Act, and subsection (4) of this section shall apply both to such a person as aforesaid and to a person who has completed a period of relevant service before the said date and who at the said date becomes superannuable as aforesaid by virtue of section twenty-three of the said Act.

(2) The reference in paragraph (b) of subsection (8) of the said section twenty-three to a person who at the said date is transferred to the employment of a magistrates' courts committee by subsection (5) or (6) of the said section twenty-three shall include a reference to a person to whom this subsection applies and who, if he had continued to be occupied as he was occupied immediately before entering on relevant service, would at that date have been so transferred; and the said Act, and, in particular, subsection (10) of the said section twenty-three and the definition of " existing or former clerk or employee " in paragraph 18 of Part II of the Fifth Schedule to that Act, shall be construed accordingly.

(3) The reference in proviso (ii) to sub-paragraph (1) of paragraph 13 of the said Part II to an existing clerk or employee shall include a reference to a person to whom this subsection applies and who, immediately before entering on relevant service, was occupied in a transferable capacity.

(4) Where a person to whom this subsection applies was, immediately before entering on relevant service, occupied in a transferable capacity under such conditions that rules under section one of the Superannuation (Miscellaneous Provisions) Act, 1948, could not be made to apply as respects his relevant service, the Local Government Superannuation Act, 1937, and any local Act scheme shall apply in relation to him as if during the period of his relevant service he had continued to be occupied in the capacity in which he was occupied immediately before entering on relevant service and had been entitled to remuneration in that capacity.

(5) For the purposes of this section a person shall be treated as occupied in a transferable capacity at any time if he would then have been transferred to the employment of, or deemed to be appointed by, a magistrates' courts committee by virtue of subsection (1), (5) or (6) of the said section twenty-three if the said section nineteen had then come into force.