The Superannuation (Civil Service and Local Government) Interchange Rules 1968 No. 72

PART I GENERAL

Title and commencement

1.  These rules may be cited as the Superannuation (Civil Service and Local Government) Interchange Rules 1968, and shall come into operation on 1st February 1968.

Interpretation

2.—(1) In these rules, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them—

“the Act” means the Superannuation (Miscellaneous Provisions) Act 1948;

“the Act of 1909” means the Asylums Officers' Superannuation Act 1909;

“the Act of 1937” means the Local Government Superannuation Act 1937;

“the Scottish Act of 1937” means the Local Government Superannuation (Scotland) Act 1937;

“the Act of 1953” means the Local Government Superannuation Act 1953;

“added years” means—

(a)

in relation to a person in local government employment, any additional years of service reckonable by him under regulation 12 of the benefits regulations, any corresponding provision of a local Act scheme, or that regulation or any such provision as applied by or under any enactment, and includes any additional years of service which, having been granted under any such provision or under any similar provision contained in any other enactment or scheme, have subsequently become and are reckonable under or by virtue of rules made under section 2 of the Act or any other enactment;

(b)

in relation to a civil servant, any additional years of service of the nature of additional years of service referred to in paragraph (a) of this definition which have been granted in, or have otherwise become reckonable in, his employment as a civil servant;

“the benefits regulations” means in relation to England and Wales the Local Government Superannuation (Benefits) Regulations 1954(1), and in relation to Scotland the Local Government Superannuation (Benefits) (Scotland) Regulations 1954(2) ;

“local government employment” means—

(a)

employment by virtue of which the person employed is or is deemed to be a contributory employee or local Act contributor within the meaning of the Act of 1937 or the Scottish Act of 1937; or

(b)

employment (not being such employment as is specified in paragraph (a) of this definition) by virtue of which the person employed is entitled to participate in any of the benefits of a superannuation fund maintained under a local Act scheme in England and Wales;

“national service”, in relation to any person, means service which is relevant service within the meaning of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951, and any similar service immediately following relevant service entered into with the consent of the authority or person by whom he was employed before undertaking that service or, in the case of a person who holds an appointment to an office and is not employed under a contract of employment, with the consent of the authority by whom he was appointed;

“the Rules of 1935” means the Unemployment Assistance Board (Superannuation) Rules 1935(3) ;

“the Rules of 1936” means the Local Government and Civil Service (Superannuation) Rules 1936(4) ;

“the Rules of 1950” means the Superannuation (Transfers between the Civil Service and Local Government) Rules 1950(5) ;

“the Superannuation Act” means the Superannuation Act 1965;

“the transfer value regulations” means, in relation to England and Wales, the Local Government Superannuation (Transfer Value) Regulations 1954(6), and in relation to Scotland, the Local Government Superannuation (Transfer Value) (Scotland) Regulations 1954(7) ;

“voluntary contributions” means—

(a)

in relation to a person who has become employed as a civil servant after leaving local government employment, payments made voluntarily by him while in local government employment or in overseas employment within the meaning of the Superannuation (Local Government and Overseas Employment) Interchange Rules 1958(8) or the Superannuation (Local Government and Overseas Employment) Interchange (Scotland) Rules 1958(9) for the purpose of securing benefits for his widow, children or other dependants and payments (other than completed payments, that is to say, payments made in respect of a liability which has been wholly discharged) of any of the following categories—

(i)

additional contributory payments of the kind referred to in section 2(3) and (4) of the Act of 1953;

(ii)

any similar payments made under a local Act scheme as a condition of reckoning any period of employment as service or as a period of contribution for the purposes of the scheme, or where the local Act scheme provides for the reckoning of non-contributing service, as contributing service for the purposes of the scheme;

(iii)

any payments made for the purpose of increasing the length at which any period of service or of contribution would be reckonable for the purpose of calculating a benefit under a local Act scheme;

(iv)

any payments made in respect of added years;and

(b)

in relation to a person who has entered local government employment after ceasing to be employed as a civil servant, any payments similar in character to any such payments for the continuation of which, during the period of his employment as a civil servant, provision was made by or under an enactment;

“war service” means war service within the meaning of the Local Government Staffs (War Service) Act 1939, but does not include, in the case of a person who before the termination of his war service made a claim under section 10 of the Act of 1937, or section 10 of the Scottish Act of 1937, or any corresponding provision of a local Act scheme, for the return of contributions made by him for superannuation purposes, any part of his war service after the date on which the claim was made;

and the following expressions have the meanings respectively assigned to them by the Act—“civil servant”;“contributory employee”;“local Act scheme”;“local Act contributor”;“local authority”;“pension” ;“pension scheme”; and“pensionable employment” .

(2) The Interpretation Act 1889shall apply to the interpretation of these rules as it applies to the interpretation of an Act of Parliament and as if these rules and the rules hereby revoked were Acts of Parliament.

(3) References in these rules to the provisions of any enactment, rules or regulations shall be construed, unless the context otherwise requires, as references to those provisions as amended, modified, applied, extended or reenacted by any subsequent enactment, rules or regulations.

(4) For the purposes of these rules a justices' clerk shall be deemed to be in the employment of the magistrates' courts committee or committee of magistrates by whom he is, or under the provision of the Justices of the Peace Act 1949 or the Administration of Justice Act 1964 is deemed to have been, appointed, and in relation to any such person references to “employment” shall be construed accordingly.

(1)

(1954 II, p. 1595).

(2)

(1954 II, p. 1632).

(3)

(Rev. XXV, p. 327).

(4)

(Rev. XVII, p. 519).

(5)

(1950 II, p. 277).

(6)

(1954 II, p. 1723).

(7)

(1954 II, p. 1736).

(8)

(1958 II, p. 1845).

(9)

(1958 II, p. 1857).