The Superannuation (Public Offices) (Amendment) Rules 1982

Made: 20th August 1982

Laid before Parliament: 10th September 1982

Coming into Operation: 1st October 1982

The Treasury, in exercise of the powers conferred by section 38(1) to (3) of the Superannuation Act 1965[^f00001], and now vested in them[^f00002], and of all other powers enabling them in that behalf, hereby make the following Rules:—

1

These Rules may be cited as the Superannuation (Public Offices) (Amendment) Rules 1982, and shall come into operation on 1st October 1982.

2

In these Rules, “the principal Rules” means the Superannuation (Public Offices) Rules 1967[^f00003].

3

The provisions of the principal Rules specified in column 1 of the Schedule to these Rules shall have effect subject to the amendments specified in column 2 of that Schedule and the following new Rule shall be inserted in Part III of the principal Rules after Rule 12—

(12A) The provisions of Rule 12 shall apply to any person who— (a) has been continuously employed in a pensionable capacity in two or more public offices of which not less than two are compatible public offices; and (b) ceases after 30th September 1982 to be employed in a compatible public office and becomes employed in another compatible public office in such circumstances that he is allowed to transfer the capital value of his accrued superannuation benefits to the superannuation scheme applicable to that other employment.

SCHEDULE — Amendments of the Superannuation (Public Offices) Rules 1967

Signed

Alastair Goodlad — John Selwyn Gummer — Two of the Lords Commissioners of Her Majesty's Treasury — 20th August 1982

Explanatory note

EXPLANATORY NOTE

These Rules further amend the Superannuation (Public Offices) Rules 1967, which make provision for the pensions of persons who have been employed in two or more public offices (as defined in section 39 of the Superannuation Act 1965). The amendments provide that a single aggregated retiring award under Rule 3 of the 1967 Rules may not be made in respect of a period of service in a public office which commences after these Rules come into operation. The amendments also provide that where each of the authorities administering the superannuation schemes applicable to the public offices in which an officer has been employed so agree the cost of the retirement and other benefits payable in respect of his service shall not be apportioned between the schemes, and that where an officer ceases to be employed in a public office and becomes employed in other employment in circumstances where he is allowed to transfer the capital value of his accrued superannuation benefits to the superannuation scheme applicable to that other employment successive transfer values need not be paid under Rule 12 of the 1967 Rules if the authorities administering the superannuation schemes applicable to each public office in which the officer has been employed so agree.

A new Rule 12A applies the provisions of Rule 12 of the 1967 Rules (transfer to other employment) to an officer who becomes employed in another compatible public office (as defined in Rule 12) after the date these Rules come into operation.

Footnotes

[^f00001]: section 38 was amended by the Superannuation Act 1972 (c. 11), section 29(1) and Schedule 6, paragraph 56.

[^f00002]: S.I. 1981/1670, art. 2(1)(c).

[^f00003]: amended by S.I. 1968/2071, 1972/1762.