British Transport Commission (Male Wages Grades Pensions) Regulations, 1954
| Jurisdiction | UK Non-devolved |
| Citation | SI 1954/898 |
| Year | 1954 |
1954 No. 898
The British Transport Commission (Male Wages Grades Pensions) Regulations, 19541stJuly 1954
7thJuly 1954
8thJuly 1954
The Minister of Transport and Civil Aviation in exercise of his powers under Section 98 of the Transport Act, 1947(a), and of all other powers him enabling in that behalf, hereby makes the following Regulations:—
1.—(1) These Regulations shall come into operation on the eighth day of July, 1954, and may be cited as the British Transport Commission (Male Wages Grades Pensions) Regulations, 1954.
(2) 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 the Transport Act, 1947:
"the Commission" means the British Transport Commission:
"the Minister" means the Minister of Transport and Civil Aviation.
(3) The Interpretation Act, 1889(b), shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.
2.—(1) There shall be established by the Commission as on the 1st day of October, 1954, a pension scheme, to be known as the British Transport Commission (Male Wages Grades) Pension Scheme, for male employees in whole time employment in the wages grades.
(2) The said Scheme shall be in accordance with the Rules set out in the Schedule to these Regulations and shall be administered as provided for in those Rules.
3. The Rules of the Scheme as so established in so far as they provide for—
(a) male employees in the wages grades becoming members of any section of the Scheme compulsorily; or
(b) any contribution due from a member being deducted from that member's wages or remuneration,
shall be lawful and have effect notwithstanding anything in any enactment.
4. The Rules of the Scheme as so established shall not be amended or added to otherwise than by Regulations made by the Minister under Section 98 of the Act.
Given under the Official Seal of the Minister of Transport and Civil Aviation this 1st day of July, 1954.
Alan Lennox-Boyd, The Minister of Transport and Civil Aviation.
(L.S.)
(b) 52 & 53 Vict. c. 63.
SCHEDULE
BRITISH TRANSPORT COMMISSION (MALE WAGES GRADES) PENSION SCHEME RULES
Interpretation
1. In these Rules the following expressions have the meanings hereby respectively assigned to them unless there be something in the subject or the context repugnant to such construction, that is to say:—
"the Actuary" means the Actuary, being a Fellow of the Institute of Actuaries or of the Faculty of Actuaries in Scotland, from time to time appointed by the Commission:
"the Central Committee" means the Central Committee from time to time appointed under these Rules:
"the Commission" means the British Transport Commission:
"compound interest" means compound interest with yearly rests:
"existing employee" means a male employee in the service on the 1st day of October, 1954, and shall include a male employee in the service prior to that date who has before that date been transferred to a salaried grade but who is not eligible for admission to a salaried staff superannuation fund:
"minimum pensionable age" means 65 years:
"the Minister" means the Minister of Transport and Civil Aviation:
"National Service" means service, other than war service,—
(a) in the armed forces of the Crown undertaken by virtue of an enlistment notice or a training notice served under the National Service Acts, 1939 to 1947, or the National Service Acts, 1948 to 1950; or
(b) by way of work or training in pursuance of an Order of a tribunal under section five of the National Service (Armed Forces) Act, 1939, or in pursuance of an Order made or direction given under Part I of the National Service Act, 1948;
but does not include any voluntary extension of national service otherwise than with the consent of the Commission:
"pension" means an annuity payable on ill-health retirement or on age retirement:
"scheduled grade" means any one of the grades specified in the First Schedule to these Rules:
"the service" means whole time employment with the Commission in a male wages grade other than employment—
(a) of a casual or seasonal nature;
(b) for a specific purpose for a limited period; or
(c) in the Commission's existing road haulage undertaking as defined in section one of the Transport Act, 1953:
"War Service" means—
(a) service in any of Her Majesty's forces;
(b) any employment in the merchant navy or fishing fleets;
(c) any full-time employment in the Civil Defence Services (including the National Fire Service), the Royal Observer Corps, the Police War Reserve and the Nursing and First Aid Services;
(d) any full-time employment into which the employee entered by direction of the Minister of Labour and National Service;
(e) detention by the enemy as a prisoner, military or civil, in any enemy or enemy-occupied country, or internment in any enemy or enemy-occupied or neutral country in consequence of the war;
such service, employment, detention or internment being on or after the twenty-sixth day of May, 1939, and before the third day of September, 1939, or in connection with the war which commenced on the third day of September, 1939, but not including any voluntary extension of war service or voluntary enlistment after the cessation of hostilities otherwise than with the consent of the person in whose service the employee was at the date of the consent.
Preliminary
2. The Scheme shall consist of two sections hereinafter referred to as Section A and Section B.
3. The head office for the administration of the Scheme shall be at 222, Marylebone Road, in the Borough of St. Marylebone in the County of London, or such other place as the Commission shall from time to time determine.
Membership
Optional Membership—Section A.
4.—(a) Every existing employee shall have an option to join Section A provided that at the time the option is exercised he has attained the age of 21 years, has completed 12 months' continuous employment and can by minimum pensionable age complete 20 years' continuous employment with the Commission and their predecessors (including War Service or National Service following upon any such employment) unbroken by resignation or dismissal. Any break in employment by reason of dismissal due to recognised redundancy for a period not exceeding 2 years or such longer period as the Central Committee may allow shall count as employment.
Compulsory Membership—Section A.
(b) Every male person appointed to the service after the 1st day of October, 1954, shall become a member of Section A upon attaining the age of 21 years or the completion of 12 months' continuous employment, whichever be the later, provided that he has not at the time when he is appointed to the service passed his 45th birthday.
Compulsory Membership—Section B.
5.—(a) Every existing employee admitted to membership of Section A who at the 1st day of October, 1954, has been appointed (except in a temporary capacity) to a scheduled grade and has satisfied any qualifications specified for that grade in the First Schedule to these Rules, or who at that date is employed in a salaried grade, shall have an option to join Section B provided that he has not at the 1st day of October, 1954, passed his 64th birthday.
Compulsory Membership—Section B.
(b) Every existing employee admitted to membership of Section A who at the 1st day of October, 1954, has been appointed (except in a temporary capacity) to a scheduled grade and has not at that time satisfied any qualifications specified for that grade in the First Schedule to these Rules, shall, on satisfying such qualifications, become a member of Section B provided that he has not passed his 64th birthday.
(c) Every male person admitted to membership of Section A who after the 1st day of October, 1954, becomes appointed (except in a temporary capacity) to a scheduled grade and satisfies any qualifications specified for that grade in the First Schedule to these Rules, shall thereupon become a member of Section B provided that he has not passed his 64th birthday.
Options.
6. An option exercisable under Rule 4 (a) or 5 (a) shall be exercised within six months of the 1st day of October, 1954, or within six months of the existing employee becoming eligible for membership, whichever is the later, except that the Central Committee may at their discretion extend the period of option.
Duration of Membership.
7.—(a) Membership shall commence from the beginning of the pay week in respect of which the first contribution is made: provided that an existing employee eligible to join the Scheme under Rule 4 (a) at the 1st day of October, 1954, shall have an option to commence membership from that date; provided also that where an option is exercised under Rule 5 (a) membership of Section B shall be concurrent with membership of Section A.
(b) Subject to the provisions of these Rules, membership shall continue so long as the member remains in the employment of the Commission.
Back Service Credit.
8. Every person admitted to membership of Section A under Rule 4 (a) who has attained the age of 52 years by the 1st day of October, 1954, shall be credited with years of deemed membership calculated in accordance with Table I of these Rules according to his age at that date.
Transfer from a Scheduled Grade.
9.—(a) Any member of Section B who is transferred to a wages grade not being a scheduled grade may, with the consent of the Central Committee, have at the date of such transfer an option to continue to pay contributions to Section B at the rate at which he was paying prior to being so transferred, thereupon continuing contributory membership for the purpose of calculating benefits.
(b) Where no option is given under (a) above or where an option is given but the member does not exercise it, he shall discontinue paying contributions to Section B whereupon his entitlement to benefit according to Table V will be limited to...
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