The Commonwealth Telegraphs (Cable and Wireless Ltd. Pension) Regulations 1955

Staff becoming established civil servants after date of transfer

10.—(1) The following paragraphs of this regulation shall have effect in relation to any person to whom this part of these regulations applies, who becomes an established civil servant after the date of transfer otherwise than by an election which is superseded by a subsequent retrospective election.

(2) The Superannuation Acts shall have effect in relation to him notwithstanding that, although his appointment is not held directly from the Crown, he is admitted without a certificate of the Civil Service Commissioners.

(3) His past pensionable service shall be treated for the purpose of the Superannuation Acts as if it were a period of service as an established civil servant of a length calculated in accordance with the provisions of the First Schedule hereto. For the purpose of this paragraph, his past pensionable service means the total period of:

(a) his service in the civil service of the State in an unestablished capacity between the date of transfer and the date on which he became an established civil servant;

(b) his service before the date of transfer, whether in the employment of the Company or not, during which he was a member of any of the existing pension schemes, or the Cable and Wireless Pension Fund or a contributor to the Superannuation Suspense Account; and

(c) his service previous thereto (if any) which was treated by the Company as pensionable service in the employment of the Company:

Provided that where any period of his service was treated by the Company as being pensionable service of more or less than its actual length, its length shall be similarly adjusted for the purpose of sub-paragraphs (b) and (c) of this paragraph.

(4) If, while a person to whom paragraph (1) of this regulation applies is serving as an established civil servant:

(a) any event happens which, if that person had been employed by the Company on the date on which the event happens and had been a member of the pension scheme of which he was a member immediately before becoming an established civil servant, would have entitled him or his legal personal representatives either absolutely or at his or their option to the return of the whole or part of his own contributions to the pension scheme, or

(b) any event happens which, in the circumstances aforesaid, would have entitled him or his legal personal representatives to a return of the whole or part of such contributions subject to the discretion of the trustees of the pension scheme or the Company as the case may be, and the Postmaster-General after consultation with the said trustees or the Company is satisfied that the said trustees or the Company would have so exercised their discretion as to make such return of contributions, that person or his legal personal representatives (as the case may be) may at his or their option elect, within the time and in the manner hereinafter provided, to receive the sum referred to in paragraph (5) of this regulation instead of his Superannuation Acts benefits, if any.

(5) In any case in which such right of election is duly exercised no Superannuation Acts benefits shall be payable, but the Postmaster-General may pay to or in respect of the person concerned out of moneys provided by Parliament, a sum equal to the total of

(i) the amount of his own contributions which could have been repaid to or in respect of him under the rules of the relative pension scheme or schemes in force on the day before he became an established civil servant in respect of the particular event if it had happened on that day, and

(ii) the interest (if any) which would have been payable under the said rules calculated at the rate applicable thereunder as if the event had happened on that day.

(6) In paragraphs (4) and (5) of this regulation the expressions “pension scheme”, “his own contributions”, and “Superannuation Acts benefits” have the same meanings as they have in regulation sixteen, and paragraphs (4) and (5) of regulation sixteen shall apply to the right of election referred to in paragraph (4) of this regulation.