NATIONAL INSURANCE (MODIFICATION OF LOCAL GOVERNMENT SUPERANNUATION SCHEMES) REGULATIONS, 1947, Dated JUNE 19, 1947, Made by the MINISTER OF HEALTH UNDER SUBSECTION (4) OF SECTION 69 OF THE NATIONAL INSURANCE ACT, 1946 (9 & 10 GEO. 6. C. 67).
| Jurisdiction | UK Non-devolved |
1947 No. 1245
NATIONAL INSURANCE
(iii) Modification of Local Government Superannuation Schemes
England
THE NATIONAL INSURANCE (MODIFICATION OF LOCAL GOVERNMENT SUPERANNUATION SCHEMES) REGULATIONS, 1947, DATED JUNE 19, 1947, MADE BY THE MINISTER OF HEALTH UNDER SUBSECTION (4) OF SECTION 69 OF THE NATIONAL INSURANCE ACT, 1946 (9 & 10 GEO. 6. C. 67).[These Regulations (S.R. & O. 1947, I, p. 1498) are printed as amended by Regulations dated August 4, 1947 (S.R. & O. 1947 (No. 1675) I, p. 1507) and June 10, 1948 (S.I. 1948 No. 1225, p. 284 below).]
1 Edw. 8 & 1 Geo. 6. c. 68.
Whereas the Treasury has determined under subsection (4) of section 69 of the National Insurance Act, 1946, that the Minister of Health is the appropriate Minister to make regulations under that subsection for modifying or winding up the schemes for the provision of pensions or other benefits established by or under the Asylums Officers' Superannuation Act, 1909 (so far as relates to England and Wales), as amended by the Asylums and Certified Institutions (Officers Pensions) Act, 1918, the Local Government Superannuation Act, 1937, and any local Act respectively:
Now therefore the Minister of Health, in exercise of the powers conferred on him by the said subsection, and of all other powers enabling him in that behalf, hereby makes the following regulations:—
1.—(1) These regulations may be cited as the National Insurance (Modification of Local Government Superannuation Schemes) Regulations, 1947, and shall come into operation on the first day of September, 1947.
(2) The Interpretation Act, 1889, applies to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament.
(3) In these regulations, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them—
"the Act" means the National Insurance Act, 1946;
"the Act of 1909" means the Asylums Officers' Superannuation Act, 1909, as amended by the Asylums and Certified Institutions (Officers Pensions) Act, 1918;
"the Act of 1937" means the Local Government Superannuation Act, 1937, or that Act as applied by or by virtue of any other enactment or as extended or modified by regulations made by the Minister of Health under subsection (1) of section 67 of the National Health Service Act, 1946;
"contributory employee", "contributing service", "non-contributing service", "employing authority", "local Act authority", "local Act contributor"(a), "local Act scheme" and "local authority" have the same meanings respectively as they have in the Act of 1937;
"established officer or servant" and "established officer or servant of the first class" have the same meanings respectively as they have in the Act of 1909;
"existing scheme" means a scheme made pursuant to subsection (3) of section 28 of the Widows', Orphans' and Old Age Contributory Pensions Act, 1936, as amended by the Act of 1937;
"insured person" means, until the appointed day for the purposes of section 1 of the Act, a person insured or deemed to be insured under the National Health Insurance Acts or the Widows', Orphans' and Old Age Contributory Pensions Act, 1936, and on and after that day means an insured person within the meaning of the Act;
"the material date", in relation to an insured person who is a contributory employee, local Act contributor or established officer or servant on the first day of September, 1947, means that day, and in relation to a person who on that day is a contributory employee, local Act contributor or established officer or servant but not an insured person, or who becomes a contributory employee, local Act contributor or established officer or servant after that day, means the date on which he is first an insured person in one of those capacities(b);
"the Minister" means the Minister of Health;
"The National Health Insurance Acts" means the National Health Insurance Acts, 1936 to 1938, as amended by the National Health Insurance Contributory Pensions and Workmen's Compensation Act, 1941;
"national service" means service in the armed forces of the Crown by a person called up therefor under the provisions of the National Service Acts, 1939–1946, as amended by any subsequent enactment, or work of a civil character and under civilian control undertaken or training undergone by a person as a condition of his not being registered as a person liable to be called up for service under those provisions; and
2 & 3 Geo. 6. c. 95.
"war service" has the same meaning as in the Local Government Staffs (War Service) Act, 1939.
2. As from the first day of September, 1947, the modifications contained in any existing scheme modifying the Act of 1937 shall cease to be operative.
(a) See now S.I. 1948 No. 1225.
(b) Definition substituted by S.R. & O. 1947 No. 1675.
3. Subject to the provisions of these regulations, the Act of 1937, any local Act scheme and the Act of 1909 shall as from the material date have effect subject to the modifications contained in regulation 4 in relation to an insured person who is a contributory employee, local Act contributor or established officer or servant, and subject to the modifications contained in regulation 5 in relation to a person who, having been such a person as aforesaid becomes entitled to a superannuation allowance under the Act of 1937, a local Act scheme or the Act of 1909 on or after the material date.
4. The amount of the contributions payable under the relevant enactment or scheme by a person to whom this regulation applies shall be reduced, in the case of an established officer or servant of the first class, at the rate of one pound, one shilling and eightpence per annum if such officer or servant is a man and at the rate of one pound and six shillings per annum if such officer or servant is a woman, and in any other case, at the rate of three pounds and eightpence per annum if the person is a man or a female nurse, midwife or health visitor and at the rate of three pounds and five shillings per annum if the person is a female other than a female nurse, midwife or health visitor, and the amount of the contributions payable in respect of any such person who is a contributory employee or local Act contributor by the employing authority or local Act authority, as the case may be, shall be reduced at the like rate.
5. As from the date on which a person to whom this regulation applies becomes entitled to a superannuation allowance under the relevant enactment or scheme, or if on becoming entitled to such an allowance as aforesaid he has not reached pensionable age within the meaning of the Act, as from the date on which he reaches that age, the allowance shall be reduced—
(i) in the case of a person who was a contributory employee, local Act contributor or established officer or servant within twelve months before the material date, and remained a contributory employee, local Act contributor or established officer or servant until becoming entitled to the...
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