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1.—(1) This Order shall come into operation on the 31st December 1968 and shall have effect from the 18th November 1968.
(2) This Order may be cited as the British Transport (Pensions of Employees) (No. 2) Order 1968.
(3) In this Order, unless the context otherwise requires—
“the Act” means
“accrued pension rights”
“an actuary” means
“the appropriate body”, in relation to a pension scheme under which pensions are provided in respect of service rendered in the employment of a nationalised transport body, means
where the scheme is one in relation to which the property, rights and liabilities of the Holding Company are transferred by the British Transport (Pensions of Employees) (No. 1) Order 1968(1), the nationalised transport body to which they are so transferred,
where the scheme does not fall within (i) above but is a scheme in relation to which the responsibility for making payments was placed, or the rights, liabilities and functions of the Commission were transferred, by the British Transport Reorganisation (Pensions of Employees) (No. 2) Order 1962(2), or the British Transport Reorganisation (Pensions of Employees) (No. 3) Order 1962(3), (as the case may be), the nationalised transport body (or if more than one, any one of those bodies) on which that responsibility for the time being rests or in which those rights, liabilities and functions are for the time being vested,
where the scheme does not fall within (i) or (ii) above but is a scheme in which employees of a nationalised transport body which is a subsidiary of a Board or the Holding Company are participating immediately before the 1st January 1969, whichever of the following bodies, namely, a Board, the Freight Corporation, the Bus Company, the Scottish Group and the Holding Company, is the body of which the said nationalised transport body is a subsidiary immediately after the 1st January 1969, and
in all other cases, the nationalised transport body which has established the scheme;
“a Board” means
the British Railways Board,
the London Transport Board,
the British Transport Docks Board,
the British Waterway Board;
“the Bus Company” means
“the Commission” means
“discharged officer” means
“the Freight Corporation” means
“funded scheme” means
“general scheme” means
“the Holding Company” means
“insurance scheme” means
“member”, in relation to a pension scheme, means
“the Minister” means
“nationalised transport body” means
a Board,
the Holding Company,
the Freight Corporation,
the Bus Company,
the Scottish Group,
a subsidiary of any of the foregoing bodies;
“non-participating employment”
“normal retiring age” means
in relation to a discharged officer who immediately before his discharge was, by virtue of the terms of his employment or the terms of the pension scheme associated with that employment, subject to a requirement to retire from that employment before attaining the age of 65 years (if a man) or 60 years (if a woman), the age at which he would have been required by those terms to retire if he had not been discharged,
in relation to a discharged officer who immediately before his discharge had the right of continuing in his employment as an officer beyond the age of 65 years (if a man) or 60 years (if a woman), the minimum age at which he could, by the terms of his employment or the terms of his pension scheme, be required to retire or, if there is no such age, his actual age at the time when he could have been required by those terms to retire if he had not been discharged, and
in all other cases, 65 years for men and 60 years for women;
“officer” means
the Railways Board,
the Freight Corporation,
the Bus Company,
the Scottish Group,
the Holding Company,
a subsidiary of any of the foregoing bodies,
and “employment as an officer” means
“pensionable service” means
“relevant event” means
“the Railways Board” means
“the Scottish Group” means
“subsidiary”, in relation to a nationalised transport body,
“tribunal” means
(4) In this Order the expression “accrued pension rights”, in relation to a discharged officer, means
(a)if his scheme is an insurance scheme, of the pension which would have been payable to or in respect of him by virtue of any premiums paid by or in respect of him under the scheme up to the date of his discharge; or
(b)if his scheme is a funded scheme or a general scheme and the scheme is a scheme under which the pension rights are related by some specific proportion to pensionable service and pensionable emoluments, of a pension payable to or in respect of him calculated at such fraction or fractions of his pensionable emoluments in respect of each year or part of a year of his pensionable service as would have been applicable under that scheme in the calculation of the pension, if he had at the date of his discharge reached normal retiring age, or, as the case may be, if the other contingency had then happened and there had been no requirement of the scheme as to a minimum qualifying period of service; or
(c)if his scheme is a funded scheme or a general scheme and the scheme is a scheme under which the pension rights are not related by some specific proportion to pensionable service and pensionable emoluments, of a pension payable to or in respect of him calculated on reaching normal retiring age or, as the case may be, on the happening of the other contingency, as follows:—
(i)on reaching normal retiring age, the pension which would have been payable under the scheme had he continued to be a member of the scheme until that age without increase of emoluments, but reduced in the proportion which the number of years of pensionable service under the scheme before the date of his discharge bears to the number of years of pensionable service which he would have rendered had he continued to be a member of the scheme until normal retiring age; or
(ii)on the happening of the other contingency, the pension which would have been payable under the scheme if the contingency had happened on the date of his discharge with the corresponding emoluments and length of service and there had been no requirement of the scheme as to a minimum qualifying period of service:
(5) Unless the context otherwise requires, references in this Order to the provisions of any Act Parliament or instrument made thereunder shall be construed as references to those provisions as amended, re-enacted or modified by or under any subsequent Act or instrument.
(6) The Interpretation Act 1889 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.
(1968 III, p. 5450).
(1962 III, p. 3692).
(1962 III, p. 3866).
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