The Superannuation (English Local Government and Northern Ireland Civil Service) Interchange Rules 1957

PART IVMiscellaneous Provisions

Contributions not returnable to a person to whom rule 3 has become applicable

9.  Notwithstanding anything in the Act of 1937 or any local Act scheme no payment shall be made thereunder by way of a return of contributions, other than voluntary contributions, to any person to whom rule 3 of these rules has become applicable.

Computation of contributions of a person to whom rule 5 has become applicable

10.—(1) Where a person to whom rule 5 of these rules has become applicable—

(a)ceases to be in local government service in the circumstances mentioned in subsection (1) of section 10 of the Act of 1937; or

(b)dies in the circumstances mentioned in subsection (3) of that section; or

(c)ceases (by reason of permanent ill-health or infirmity of mind or body) to be in local government service, or dies, in circumstances in which there is payable to or in respect of him a benefit which falls to be calculated by reference to the amount of his contributions (with or without interest),

he shall be deemed to have made to the appropriate superannuation fund, on becoming a contributor to such fund, contributions in respect of the period of his employment as a civil servant of an aggregate amount equal to three eightieths of the annual salary and emoluments of his office multiplied by the number of completed years of his service as a civil servant.

(2) In this rule “the annual salary and emoluments of his office” means the average annual amount of the pensionable salary and emoluments of his office during the three years ending with the last day of his service as a civil servant, or, where his service during that period is less than three years, the average annual amount of his pensionable salary and emoluments during the actual period of his said service.

Rights of former insured persons to whom rule 5 has become applicable

11.  Where any person to whom rule 5 of these rules has become applicable was in his employment as a civil servant an insured person within the meaning of the National Insurance Act (Northern Ireland), 1946,.then—

(a)if he had been excepted from the operation of any provision (hereinafter called “the modification provision”) modifying his benefits under the Superannuation Acts, the provisions of any regulations made by the Minister under subsection (4) of section 69 of the National Insurance Act, 1946, and the provisions of any other regulations or of any scheme replacing wholly or in part the provisions of the regulations made under the said subsection (4), shall not apply to him;

(b)if he had not been so excepted the provisions of any such regulations or scheme as aforesaid applicable to him in his new employment shall apply to him as if any service which he becomes entitled to reckon under rule 5 of these rules, being service of which account would have been taken under the modification provision for the purpose of reducing any benefit to which the person might have become entitled under the Superannuation Acts had he continued to be subject thereto were service rendered on or after the fifth day of July, 1948.

Application of section 35 of the Act of 1937

12.  The provisions of section 35 of the Act of 1937 shall have effect in relation to a person who becomes a contributory employee or a person who is deemed to be a contributory employee in circumstances in which these rules apply as if the reference in the said section to regulations made under that Act included a reference to these rules.