The Superannuation (Local Government and Membership of the House of Commons) Interchange Rules 1969

Payment of transfer value

6.—(1) The fund authority shall, when this part of these rules becomes applicable to a person—

(a) pay to the Trustees, subject to the provisions of these rules, the same transfer value as would have been payable under the transfer value regulations if that person had become a contributory employee under another local authority in the circumstances described in section 29 of the Act of 1937, less an amount equal to any sum which the fund authority may become liable to pay by way of income tax in respect of the amount transferred by way of transfer value; and

(b) furnish the Trustees and the person with the same particulars as to previous pensionable service as would have been furnished to the person if instead of becoming a Member of the House of Commons he had become a contributory employee under another local authority.

(2) The transfer value payable in respect of a person who left local government employment before 1st April 1968 and who became a Member of the House of Commons before 1st April 1969 shall be calculated by reference to his age at 1st April 1969.

(3) The transfer value payable in respect of a person who becomes a Member of the House of Commons on or after 1st April 1969 and more than 12 months after leaving local government employment shall be calculated by reference to his age on becoming a Member of the House of Commons.

(4) The transfer value payable in respect of a person who had been an established officer or servant within the meaning of the Asylums Officers' Superannuation Act 1909 (in this rule called “the Act of 1909”) shall be calculated as if paragraph (c) had been omitted from the definition of “service” in paragraph 1 of Schedule 1 to the transfer value regulations.

(5) Where—

(a) a transfer value is payable by a fund authority in respect of a person who before entering local government employment had been subject to the Act of 1909 and

(b) the body by whom he was last employed while subject to that Act (in this rule called “the hospital body”) would, if he had become entitled to a superannuation allowance on leaving local government employment, have been liable to contribute to that allowance,

the hospital body shall pay to the fund authority a sum equal to the transfer value which they would have been liable to pay to the Minister of Health under

regulation 56(4) of the National Health Service (superannuation) Regulations 1950(1) if that regulation had become applicable to the person when he became a Member of the House of Commons.

(6) Where the hospital body would have had in respect of any such contribution as aforesaid a right of contribution from any other body, that other body shall pay to the fund authority a sum equal to the transfer value which they would have been liable to pay to the Minister of Health under paragraph (5) of the said regulation 56 if that regulation had become applicable to the person when he became a Member of the House of Commons.

(7) Where any body referred to in paragraph (5) or (6) hereof has been dissolved or has ceased to exercise functions as such, references to that body shall be construed as references to the appropriate authority as defined in paragraph (15) of the said regulation 56.

(8) Notwithstanding anything in the Act of 1937, when this part of these rules becomes applicable to a person, he shall cease to be entitled to any payment out of the superannuation fund administered by the fund authority other than a payment by way of return of voluntary contributions.

(1)

(1950 I, p. 1327).