The National Insurance (Modification of the London Transport and Railway Pension Schemes) Regulations 1956

1.—(1) These Regulations shall come into operation on the 1st day of September, 1956, and may be cited as the National Insurance (Modification of the London Transport and Railway Pension Schemes) Regulations, 1956.

(2) In these Regulations, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—

“annual superannuation allowance” in relation to a member of a pension scheme means any annual sum or annuity payable to him by way of a superannuation allowance under the rules of the scheme, but does not include any sum so payable as the result of any commutation under the rules of the scheme of any capital sum:

“the Board” means the London Passenger Transport Board as constituted by the London Passenger Transport Act, 1933:

“the Commission” means the British Transport Commission:

“employed person” means a person employed as a member of the Commission or of an Executive or as an officer or servant by the Commission (whether or not the employment is by virtue of the Transport Act, 1947, to be treated as employment by an Executive):

“an Executive” means an Executive established by or under Section 5 of the Transport Act, 1947:

“existing member” in relation to a pension scheme, means a person, not being a new entrant, who is a member of the scheme on the 1st September, 1956:

“new entrant” in relation to a pension scheme, means a person who is admitted to membership of the scheme on or after the 1st September, 1956:

“a pension scheme” means a railway pension scheme or, as the case may be, the London Transport pension scheme:

“pensionable service” in relation to a member of a pension scheme, means any period of service ranking for benefit under his scheme:

“railway pension scheme” means any pension scheme established by or under the Railway Clearing System Superannuation Fund Association Act, 1873, the London Midland and Scottish Railway (Superannuation Fund) Act, 1924, the Southern Railway (Superannuation Fund) Act, 1927, the London and North Eastern Railway (Superannuation Fund) Act, 1939, or the Great Western Railway (Superannuation Fund) Act, 1941:

“relevant age” means 65 years for males and 60 years for females:

“the London Transport pension scheme” means the pension scheme for the purposes of which the London Transport (Administrative and Supervisory) Staff Superannuation Fund is held:

(3) Any reference in these Regulations to any enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment.

(4) The Interpretation Act, 1889, shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.

2.  The provisions of the five next succeeding Regulations shall be terms of every railway pension scheme and notwithstanding anything to the contrary therein contained every such scheme and any enactment relating thereto and all trust deeds, rules and other instruments made for the purposes thereof shall be construed accordingly.

3.—(1) Subject to the provisions of this paragraph, this Regulation applies to every employed person who becomes a new entrant into a railway pension scheme:

Provided that this Regulation shall not apply in the case of a new entrant who was, immediately before he became an employed person,—

(a) employed as an officer or servant by any of the bodies specified in the Third Schedule to the Transport Act, 1947; or

(b) a person who had been continuously employed as an officer or servant by the Railway Clearing House since the 1st January, 1948.

(2) The contributions payable under his railway pension scheme by or in respect of a new entrant to whom this Regulation applies shall, as from the 1st September, 1956 or the commencement of his pensionable service, whichever date is the later, be reduced, according to his age at that date, in accordance with that one of the columns of Table 1 set out in the First Schedule to these Regulations as may be applicable to his case.

(3) The annual superannuation allowance payable under the rules of his railway pension scheme to a new entrant to whom this Regulation applies shall, as from the date on which he becomes entitled thereto or as from the date on which he reaches the relevant age, whichever date is the later, be reduced by £1 14s. 0d. for every completed year of pensionable service throughout which his contributions have been reduced in accordance with paragraph (2) of this Regulation, or by £67 12s. 0d., whichever is the less.

4.—(1) Subject to the provisions of this paragraph, this Regulation applies to every employed person being an existing member of a railway pension scheme:

Provided that this Regulation shall not apply in the case of an existing member who was, immediately before he became an employed person,—

(a) employed as an officer or servant by any of the bodies specified in the Third Schedule to the Transport Act, 1947; or

(b) a person who had been continuously employed as an officer or servant by the Railway Clearing House since the 1st January, 1948.

(2) Subject to the provisions of paragraph (4) of this Regulation, the contributions payable under his railway pension scheme by or in respect of an existing member to whom this Regulation applies shall, as from the 1st September, 1956, be reduced, according to his age at the 1st September, 1956, in accordance with that one of the columns of Table 1 set out in the Fist Schedule to these Regulations as may be applicable to his case.

(3) Subject to the provisions of paragraph (4) of this Regulation, the annual superannuation allowance payable under his railway pension scheme to an existing member to whom this Regulation applies shall, as from the date on which he becomes entitled thereto or as from the date on which he reaches the relevant age, whichever date is the later, be reduced by £1 14s. 0d. for every completed year of pensionable service since the 1st September, 1956, or by £67 12s. 0d., whichever is the less.

(4) Subject to the provisions of this paragraph, where an existing member to whom this Regulation applies gives notice in writing to that effect to the secretary of his railway pension scheme, the persons administering the scheme or, as the case may be, the persons in whom any funds held for the purposes of the scheme are vested, shall open in the books of the scheme credit accounts in favour respectively of the existing member and of any other person liable to pay contributions under the scheme in respect of him and shall pay into the respective credit accounts so opened a sum equal in amount to the difference between—

(a) the aggregate of all the sums paid by way of contributions by the existing member or, as the case may be, the other person between the 5th July, 1948, or, if the existing member was not then a member of the scheme, the date on which he became a member and the date on which the said notice is received by the secretary of his railway pension scheme; and

(b) the aggregate of all the sums which would have been so payable by way of contributions by the existing member or, as the case may be, the other person had the amount thereof been reduced throughout the said period in accordance with the provisions of paragraph (2) of this Regulation:

and where such a notice is given by any existing member to whom this Regulation applies paragraph (2) of this Regulation shall have effect as if the reference therein to his age at the 1st September, 1956 were a reference to his age at the 5th July, 1948, or, if the existing member was not then a member of the scheme, at the date on which he became a member and paragraph (3) of this Regulation shall have effect as if the reference therein to years of pensionable service since the 1st September, 1956 were a reference to pensionable service since the 5th July, 1948, or, if the existing member was not then a member of the scheme, the date on which he became a member:

Provided that the provisions of this paragraph shall not apply in any case where the notice is not give within three months of the 1st September, 1956, or, if on that date the existing member concerned is employed wholetime in Her Majesty's forces, within three months of his ceasing to be so employed.

(5) Where an existing member to whom this Regulation applies duly gives a notice under paragraph (4) of this Regulation, the persons administering his railway pension scheme or, as the case may be, the persons in whom any funds held for the purposes of the scheme are vested shall, as from the date on which the secretary of the scheme receives the notice, apply the sums paid into the respective credit accounts, so far as the said sums permit, for such one of the following purposes as may for the time being be appropriate:—

(a) so long as contributions continue to be payable under the scheme by or in respect of the existing member, in reducing the sums due to be paid by way of contributions by the person in whose favour the credit account was opened;

(b) where contributions cease to be payable under the scheme by or in respect of the existing member by reason of his death or withdrawal from membership of the scheme, in refunding to the persons administering the scheme or, as the case may be, to the persons in whom any funds held for the purposes of the scheme are vested, the sums paid by them into the respective credit accounts;

(c) in any other case—

(i) in paying to the existing member a sum equal in amount to the balance remaining in his credit account reduced by an amount equal to any sum which the persons administering the scheme or, as the case may be, the persons in whom any funds held for the purposes of the scheme are vested, may become liable to pay by way of income tax in consequence of the payment so made to that member, and in paying to the said persons a sum equal in amount to any sum which they may become so liable to pay by way of income tax; and

(ii) in reducing any liability to the scheme of the person, other than the existing member, in whose favour the credit account was opened.

5.—(1) This Regulation applies to every employed person, being a new entrant into, or an existing member of, a railway pension scheme, other than a new entrant or an existing member to whom Regulation 3 or Regulation 4 of these Regulations applies, who gives notice in writing to the secretary of the scheme—

(a) in the case of a new entrant, upon his entry into the scheme, or

(b) in the case of an existing member, within three months of the 1st September, 1956, or, if on that date he is employed wholetime in Her Majesty's forces, within three months of his ceasing to be so employed,

of his desire that this Regulation should apply to him.

(2) The contributions payable under his railway pension scheme by or in respect of a new entrant or an existing member to whom this Regulation applies shall—

(a) in the case of a new entrant, as from the 1st September, 1956, or the commencement of his pensionable service, whichever date is the later,

(b) in the case of an existing member, as from the date on which the secretary of the scheme receives the notice given by him under paragraph (1) of this Regulation,

be reduced in accordance with such sum shown in that one of the columns of Table 1 set out in the Second Schedule to these Regulations as may be applicable to his case.

(3) The annual superannuation allowance payable under his railway pension scheme to a new entrant to whom this Regulation applies, or, subject to paragraph (4) of this Regulation, to an existing member to whom this Regulation applies, shall, as from the date on which he becomes entitled thereto or as from the date on which he reaches the relevant age, whichever date is the later, be reduced according to his age at the date from which his contributions were reduced under paragraph (2) of this Regulation by the annual amount shown in the appropriate column of Table 1 set out in the Third Schedule to these Regulations multiplied by the number of completed years of pensionable service since that date, or by £67 12s. 0d., whichever is the less:

Provided that in computing the reduction of the annual superannuation allowance to be made under this paragraph in the case of a new entrant or an existing member to whom this Regulation applies, he shall be deemed to have completed at least one year of pensionable service.

(4) Subject to the provisions of this paragraph, where an existing member to whom this Regulation applies gives notice in writing to that effect to the secretary of his railway pension scheme the persons administering the scheme or, as the case may be, the persons in whom any funds held for the purposes of the scheme are vested, shall open in the books of the scheme credit accounts in favour respectively of the existing member and of any other person liable to pay contributions under the scheme in respect of him and shall pay into the respective credit accounts so opened a sum equal in amount to the difference between—

(a) the aggregate of all the sums paid by way of contributions by the existing member or, as the case may be, the other person between the 5th July, 1948, or if the existing member was not then a member of the scheme, the date on which he became a member, and the date on which the said notice is received by the secretary of his railway pension scheme; and

(b) the aggregate of all the sums which would have been so payable by way of contributions by the existing member or, as the case may be, the other person had the amount thereof been reduced throughout the said period in accordance with the provisions of paragraph (2) of this Regulation:

and where such a notice is given by any existing member to whom this Regulation applies paragraph (3) of this Regulation shall have effect as if the reference therein to years of pensionable service since, and age at, the date from which his contributions were reduced under paragraph (2) of this Regulation were a reference to pensionable service since, and age at, the 5th July, 1948, or, if the existing member was not then a member of the scheme, the date on which he became a member:

Provided that the provisions of this paragraph shall not apply in any case where the notice is not given within three months of the 1st September, 1956, or, if on that date the existing member concerned is employed wholetime in Her Majesty's forces, within three months of his ceasing to be so employed.

(5) Where an existing member to whom this Regulation applies duly gives a notice under paragraph (4) of this Regulation, the persons administering his railway pension scheme or, as the case may be, the persons in whom any funds held for the purposes of the scheme are vested shall, as from the date on which the secretary of the scheme receives the notice, apply the sums paid into the respective credit accounts, so far as the said sums permit, for such one of the following purposes as may for the time being be appropriate:—

(a) so long as contributions continue to be payable under the scheme by or in respect of the existing member, in reducing the sums due to be paid by way of contributions by the person in whose favour the credit account was opened;

(b) where contributions cease to be payable under the scheme by or in respect of the existing member by reason of his death or withdrawal from membership of the scheme, in refunding to the persons administering the scheme or, as the case may be, to the persons in whom any funds held for the purposes of the scheme are vested, the sums paid by them into the respective credit accounts;

(c) in any other case—

(i) in paying to the existing member a sum equal in amount to the balance remaining in his credit account reduced by an amount equal to any sum which the persons administering the scheme or, as the case may be, the persons in whom any funds held for the purposes of the scheme are vested, may become liable to pay by way of income tax in consequence of the payment so made to that member, and in paying to the said persons a sum equal in amount to any sum which they may become so liable to pay by way of income tax; and

(ii) in reducing any liability to the scheme of the person, other than the existing member, in whose favour the credit account was opened.

6.—(1) This Regulation applies to every member of a railway pension scheme to whom Regulation 3 or Regulation 4 or Regulation 5 of these Regulations applies.

(2) Where a member of a railway pension scheme to whom this Regulation applies dies before becoming entitled to a superannuation allowance under the rules of his scheme and the sum payable thereunder to his legal personal representative falls to be calculated otherwise than by reference to the contributions paid by or in respect of him, the sum so payable shall be reduced by a sum equal in amount to the difference between the aggregate of all sums paid by or in respect of him by way of contributions under the scheme (other than sums deemed to have been so paid by virtue of paragraph (1) of Regulation 7 of these Regulations) and the aggregate of all sums which would have been so payable under the scheme had these Regulations not been made:

Provided that the sum payable to his legal personal representative under the rules of his scheme shall not be reduced under the provisions of this paragraph to an amount less than that which would have been so payable had the sum payable under the scheme been calculated by reference to the contributions paid by or in respect of him thereunder.

(3) Where a member of a railway pension scheme to whom this Regulation applies becomes entitled to a superannuation allowance and dies without having received under the rules of his scheme an amount equal in amount to the sum which would have been payable to his legal personal representative under the scheme as amended by paragraph (2) of this Regulation if he had died on the day before that on which he became entitled to a superannuation allowance, the persons administering his scheme or, as the case may be, the persons in whom any funds held for the purposes of the scheme are vested, shall pay to his legal personal representative an amount equal to the difference between the said sum and the aggregate amount of all the sums paid to him by way of superannuation allowance.

7.—(1) For the purpose of any rule of a railway pension scheme other than a rule which provides—

(a) for any payment to be made to a member by way of a return of contributions and interest paid by him, with or without interest thereon;

(b) in the case of any benefit, that the amount payable is to be calculated by reference to the contributions paid by or in respect of a member.

any sums applied in accordance with sub-paragraph (a) of paragraph (5) of Regulation 4 or Regulation 5 of these Regulations in reducing the sums due to be paid by any person by way of contribution shall be deemed to be sums paid by way of contribution by that person.

(2) For the purpose of any rule of a railway pension scheme which enables a member of the scheme to whom these Regulations apply to elect or make arrangements for a transfer of all or any part of his annual superannuation allowance for the joint benefit of himself and any other person or for the benefit of any other person, any reference therein (however worded and whether express or implied) to an annual superannuation allowance shall have effect as if it were a reference to the amount of his annual superannuation allowance as reduced in accordance with the provisions of these Regulations and any election or arrangements so made by any such member shall be construed accordingly.

8.  The provisions of the four next succeeding Regulations shall be terms of the London Transport pension scheme and notwithstanding anything to the contrary therein contained the said scheme and any enactment relating thereto and all trust deeds, rules and other instruments made for the purposes thereof shall be construed accordingly.

9.—(1) This Regulation applies to every employed person who becomes a new entrant into the London Transport pension scheme.

(2) The provisions of paragraphs (2) and (3) of Regulation 3 of these Regulations shall apply in relation to a new entrant to whom this Regulation applies as they apply in relation to a new entrant into a railway pension scheme to whom Regulation 3 of these Regulations applies, subject to the modifications that references therein to a railway pension scheme shall be construed as references to the London Transport pension scheme, and that the reference in paragraph (2) thereof to Table 1 shall be construed as a reference to Table 2.

10.—(1) Subject to the provisions of this paragraph, this Regulation applies to every employed person being an existing member of the London Transport pension scheme who became a member of the scheme on or after the 29th July, 1947:

Provided that this Regulation shall not apply in the case of an existing member—

(a) who on the 5th July, 1948, had reached the age of, in the case of a male, 55 years, or, in the case of a female, 50 years, unless the member was immediately before that date insured for the purposes of the Widows' Orphans' and Old Age Contributory Pensions Act, 1936 , otherwise than by virtue of being a voluntary contributor under the National Health Insurance Act 1936;

(b) who having before the 29th July, 1947, entered the employment of the Board in the grade of officer, principal executive assistant, senior executive assistant or executive assistant became a member of the scheme after that date and before the 1st September, 1956;

(c) who was, immediately before he became a member of the scheme, a member of the British Electrical Endowment Fund.

(2) The provisions of paragraphs (2) to (5) of Regulation 4 of these Regulations shall apply in relation to an existing member to whom this Regulation applies as they apply in relation to an existing member of a railway pension scheme to whom Regulation 4 of these Regulations applies, subject to the modifications that references therein to a railway pension scheme shall be construed as references to the London Transport pension scheme and the reference in paragraph (2) thereof to Table 1 shall be construed as a reference to Table 2.

11.—(1) Subject to the provisions of this paragraph, this Regulation shall apply to every existing member of the London Transport pension scheme other than an existing member to whom Regulation 10 of these Regulations applies.

(2) Where an existing member to whom this Regulation applies, within three months of the 1st September, 1956, or, if on that date he is employed wholetime in Her Majesty's forces, within three months of his ceasing to be so employed, gives notice in writing to that effect to the secretary of the London Transport pension scheme, the provisions of paragraphs (2) to (5) of Regulation 5 of these Regulations shall apply in relation to him as they apply in relation to an existing member of a railway pension scheme to whom Regulation 5 of these Regulations applies, subject to the following modifications—

(a) that references therein to a railway pension scheme shall be construed as references to the London Transport pension scheme; and

(b) that the reference in paragraph (2) thereof to Table 1 of the Second Schedule shall be construed as a reference to Table 2 of that Schedule; and

(c) that the reference in paragraph (3) thereof to Table 1 of the Third Schedule shall be construed as a reference to Table 2 of that Schedule.

12.  The provisions of Regulations 6 and 7 of these Regulations shall apply in relation to new entrants into and existing members of the London Transport pension scheme as they apply in relation to new entrants into and existing members of a railway pension scheme subject to the modifications that references therein to Regulations 3, 4 and 5 of these Regulations shall be construed respectively as references to Regulations 9, 10 and 11 of these Regulations and references therein to a railway pension scheme shall be construed as references to the London Transport pension scheme.

Given under the Official Seal of the Minister of Transport and Civil Aviation this fifteenth day of May, 1956.

L.S.

Harold Watkinson

The Minister of Transport and Civil Aviation