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1.—(1) These Regulations shall come into operation on the fifteenth day of September, 1952, and shall have effect as from the 1st January, 1948.
(2) These Regulations may be cited as “The Transferred Undertakings (Pensions of Employees) (No. 2) Regulations, 1952”.
(3) In these Regulations, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them that is to say:—
“the Act” means
“accrued pension rights”
“an actuary” means
“the Commission” means
“an Executive” means
“funded scheme” means
“general scheme”
“insurance scheme” means
“licence” means
“the Minister” means
“normal pensionable age” means
“notice of acquisition” means
“officer or servant” means
employed as an officer or servant by a person whose undertaking or part of whose undertaking is transferred to the Commission in the relevant manner, such employment being in whole time service in connection with the activities of the undertaking or part of the undertaking which is so transferred; or
employed as an officer or servant by the Commission (whether or not the employment is by virtue of the Act to be treated as employment by an Executive) who became so employed immediately upon ceasing to be employed as specified in paragraph (i):
“relevant event” means
“relevant manner”, in relation to the transfer of an undertaking or part of an undertaking to the Commission means
“the transferor” in relation to an undertaking or part of an undertaking which is transferred to the Commission means
“tribunal” means
“whole time service” means
(4)
(5) In these Regulations, the expression “accrued pension rights” in relation to an officer or servant means
(a)if his scheme is an insurance scheme, of the pension which would have been payable to or in respect of him by virtue of any premiums paid by or in respect of him under the scheme up to the date on which he loses his employment as an officer or servant; or
(b)if his scheme is a funded scheme or a general scheme or the officer or servant is a person to whom the provisions of Regulation 3 of these Regulations apply, and the scheme or the provision made under the said Regulation, as the case may be, is a scheme or provision under which the pension rights are related by some specific proportion to pensionable service and pensionable emoluments, of a pension payable to or in respect of him calculated at such fraction or fractions of his pensionable emoluments in respect of each year or part of a year of his pensionable service as would have been applicable under that scheme or provision in the calculation of the pension, if he had at the date when he loses his employment as an officer or servant reached normal pensionable age, or as the case may be, had the other contingency then happened, and there had been no requirement of the scheme or provision as to a minimum qualifying period of service; or
(c)if his scheme is a funded scheme, or a general scheme or the officer or servant is a person to whom the provisions of Regulation 3 of these Regulations apply, and the scheme or the provision made under the said regulation, as the case may be, is a scheme or provision under which the pension rights are not related by some specific proportion to pensionable service and pensionable emoluments, of a pension payable to or in respect of him calculated on reaching normal pensionable age, or as the case may be, on the happening of the other contingency, as follows:—
(i)on reaching normal pensionable age, the pension which would have been payable under the scheme or provision had he continued to be a participant in the scheme or provision until that age without increase of emoluments, but reduced in the proportion which the number of years of pensionable service under the scheme or provision before he loses his employment as an officer or servant bears to the number of years of pensionable service which he would have rendered had he continued to be a participant in the scheme or provision until normal pensionable age; or
(ii)on the happening of the other contingency, the pension which would have been payable under the scheme or provision if the contingency had happened at the time when he loses his employment as an officer or servant with the corresponding emoluments and length of service and there had been no requirement of the scheme or provision as to a minimum qualifying period of service:
(6) Notwithstanding anything to the contrary in any scheme to which these Regulations apply or any statutory provision relating thereto or any trust deeds, rules or other instruments made for the purposes thereof or in any of these Regulations, any increase of pension rights given in connection with any provision made by the Act or in anticipation of the making of any such provision otherwise than in the ordinary course shall be disregarded for any of the purposes of these Regulations.
(7) The Interpretation Act, 1889, shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.
(8) The Transferred Undertakings (Pensions of Employees) Regulations. 1951(2), shall cease to have effect as from the 15th September, 1952, without prejudice, however, to their operation in respect of any period before that date.
1951 III, p. 27.
1951 II, p. 3.
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