The Superannuation (Public Offices) Rules 1967

PART III MISCELLANEOUS AND GENERAL

Death gratuities

11.—(1) Where a person who has been continuously employed in more than one public office dies while still employed in a public office or in approved employment, any period of service—

(a) which he has rendered in a public office before becoming employed in the last public office in which he was employed; and

(b) which might have been reckoned for a retiring award under Part I of these Rules,

may, if the authority administering the superannuation scheme applicable to the last public office in which he was employed thinks fit, be treated, for the purpose only of counting towards any minimum period of qualifying service required by that superannuation scheme for the grant of a gratuity in respect of his death, as service in such last public office.

(2) Where the last public office in which a person to whom paragraph (1) of this Rule applies was employed and any other public office or offices in which he was employed are similar public offices in resect of service in which a single retiring award might have been made to him under Rule 3 of these Rules, and the gratuity granted in respect of his death under the superannuation scheme applicable to his last public office may be calculated by reference to the amount of the lump sum which might have been granted to him if he had retired on the ground of ill-health at the date of his death, then the gratuity may be calculated by reference to the amount of the lump sum which might have been granted to him under Rule 3 of these Rules if he had retired as aforesaid, and the cost of any gratuity so calculated shall be apportioned between the superannuation schemes applicable to the similar public offices in which he was employed in accordance with the provisions of Rule 4 of these Rules.

(3) Any gratuity payable in respect of the death of a person to whom paragraph (1) of this Rule applies shall, except in so far as is otherwise provided by paragraph (2) of this Rule, be paid exclusively by the authority administering the superannuation scheme applicable to the last public office in which he was employed.

(4) Where the last public office in which a person was employed and any other public office or offices in which he was employed are similar public offices in respect of service in which he became, after he retired, eligible for a single retiring award under Rule 3 of these Rules, section 4(2) of the Superannuation Act 1965 or any corresponding provision in the superannuation scheme applicable to his last public office shall have effect as if any reference to a superannuation allowance or an additional allowance were a reference to the corresponding benefit under Rule 3 of these Rules, and any gratuity payable under the said section 4(2) or any corresponding provision shall be paid exclusively by the authority administering the superannuation scheme applicable to his last public office.

(5) For the purpose of this Rule, “approved employment” means, in relation to any person, employment (not being employment in a public office) approved for the purposes of the superannuation scheme applicable to the last public office in which he was employed.

Transfer to the employment

12.—(1) This Rule shall apply to any person who—

(a) has been continuously employed in a pensionable capacity in two or more public offices which not less than two are compatible public offices; and

(b) ceases to be employed in a compatible public office and becomes employed in other employment, not being employment in a public office, in such circumstances that such of his service as is reckonable for the purposes of the superannuation scheme applicable to that compatible public office is treated, whether on payment of a transfer value or otherwise, as reckonable service for the purposes of the superannuation scheme applicable to that other employment.

(2) For the purposes of this Rule, a person shall be deemed to be employed in a compatible public office if he is employed in—

(a) the civil service of the State; or

(b) any other public office in which he is subject to a superannuation scheme which is, in the opinion of the Treasury, so similar to the statutory superannuation scheme applicable to the civil service of the State that it is practicable to aggregate periods of service falling within each of those schemes.

(3) In this Rule a person to whom this Rule applies is referred to as an “officer”.

(4) The authority administering the superannuation scheme applicable to any compatible public office included in the public offices in which an officer was continuously employed in a pensionable capacity, except the last such compatible public office, may pay to the authority administering the scheme applicable to the compatible public office in which he was next employed after ceasing to be employed in the first-mentioned compatible public office a transfer value, calculated in accordance with tables approved by the Treasury, in respect of the aggregate of the periods of service which the officer was entitled to reckon for the purposes of each of the superannuation schemes applicable to the compatible public offices included in the public offices in which the officer was continuously employed in a pensionable capacity up to the time when he ceased to be employed in the first mentioned compatible public office.

(5) If the authority administering the superannuation scheme applicable to each of the compatible public offices included in the public offices in which the officer was continuously employed, except the last such compatible public office, makes the payment specified in the last preceding paragraph, the aggregate of the periods of service which the officer was entitled to reckon for the purposes of each of the superannuation schemes applicable to the compatible public offices included in the public offices in which he was continuously employed in a pensionable capacity before he became employed in the last compatible public office in which he was employed shall be treated as reckonable service for the purposes of the superannuation scheme applicable to that last compatible public office.

(6) Where—

(a) an officer has been employed in two public offices and his service in the earlier of those public offices was non-pensionable service and his service in the later was pensionable service; and

(b) the rules of the superannuation scheme applicable to the earlier public office were such that if he had subsequently rendered pensionable service in that public office his non-pensionable service therein would have been reckoned as to the whole or any part thereof for the purpose of the award of superannuation benefits under that scheme,

then, for the purposes of this Rule, he shall be treated as having served in the earlier public office in a pensionable capacity, and such period of service as would have been reckoned as aforesaid shall be treated as the period of service which the officer was entitled to reckon for the purposes of the superannuation scheme applicable to that earlier public office.

Treatment of certain approved employment

13.  Where a person retires from, or dies while employed in, employment in a non-pensionable capacity in a public office, and that employment is treated as approved employment for the purposes of the superannuation scheme applicable to the last preceding public office in which he was employed, then his employment in the first mentioned public office shall be treated for the purposes of these Rules as if it were not employment in a public office, and accordingly the second mentioned public office shall be treated as the last public office in which he was employed.

Application to past service

14.  These Rules shall apply in the case of a person who has been employed in one public office and become employed in another notwithstanding that the cessation of the first employment or the commencement of the second employment was before the date of the making of these Rules:

Provided that these Rules shall not apply when the cessation of the first employment took place before the making of these Rules if the person ceasing to be employed elects that these Rules shall not apply to him.

Exceptions from the application of the Rules

15.—(1) If the application of these Rules would put a particular individual in a position less advantageous than that in which he would have been if the Rules did not apply in relation to him, they shall not be so applied.

(2) These Rules shall not apply in relation to any person if the only public offices in which he has been employments in a capacity remunerated out of moneys provided by the Parliament of Northern Ireland or the Consolidated Fund of Northern Ireland.

(3) These Rules shall not apply in relation to any person who, in any of the public offices in which he has been employed, has served in any of the capacities listed, or treated by virtue of any enactment as listed, in Schedule 1 to the Administration of Justice (Pensions) Act 1950, unless the Superannuation Act 1965 applies to him in respect of his service in that capacity.

(4) A person to whom Part III of the Commonwealth Telegraphs (Cable and Wireless Ltd. Pensions) Regulations 1955(1) applies and who has not become a civil servant shall, for the purposes of these Rules, be deemed not to be employed in a public office during any such period of employment in the civil service of the State in an unestablished capacity as is mentioned in Regulation 8 of those Regulations.

Interpretation

16.—(1) In these Rules, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—

“civil servant” has the meaning given by section 98(2) of the Superannuation Act 1965;

“continuously employed” has the meaning given by Rule 1(3) of these Rules;

“dissimilar public office” has the meaning given by Rule 2(3) of these Rules;

“non-pensionable service”, in relation to a person serving in the civil service of the State, means service in an unestablished capacity, and, in relation to a person serving in any other public office, means corresponding service under the superannuation scheme applicable to him in that public office, and “non-pensionable capacity” shall be construed accordingly;

“pension” means any pension payable by way of periodical payments, but does not include a gratuity;

“pensionable service”, in relation a person serving in the civil service of the State, means service as a civil servant, and, in relation to any person serving in any other public office, means corresponding service under the superannuation scheme applicable to him in that public office, and “pensionable capacity” shall be construed accordingly;

“public office” has the meaning given by section 39 of the Superannuation Act 1965, and, in relation to service at any time before 29th April 1965, includes any such office as is described in paragraph 10 of Schedule 10 to that Act;

“retiring award” means, in relation to any person, an award of any superannuation benefits on the retirement of that person;

“similar public office” has the meaning given by Rule 2(3) of these Rules.

(2) Any reference in these Rules to the provisions of any enactment shall be construed, unless the context otherwise requires, as a reference to those provisions as amended or re-enacted by any subsequent enactment.

(3) The Interpretation Act 1889 shall apply for the interpretation of these Rules as it applies for the interpretation of an Act of Parliament.

Revocations and savings

17.—(1) The Rules specified in the Schedule to these Rules are hereby revoked.

(2) Without prejudice to the general application of section 38 of the Interpretation Act 1889 as it applies for the interpretation of these Rules, the revocation of any Rules by these Rules shall not affect—

(a) any superannuation benefits granted before the coming into operation of these Rules; or

(b) the right of any person under Rule 7 of the Superannuation (Public Offices outside the United Kingdom) Rules 1951(2) to elect under section 58(3) of the Superannuation Act 1965, as modified by that Rule, that Part III of that Act shall not apply to him.

Citation and Commencement

18.  These Rules may be cited as the Superannuation (Public Offices) Rules 1967, and shall come into operation on 19th March 1967.

(1)

(1955 I. p. 500).

(2)

(1951 II, p. 167).