Electricity Supply Board (Superannuation) Act, 1942

• Permanent Page URL

Power for certain persons transferred to the service of the Board to elect.

13.—(1) In this section—

the expression “excluded person” means a person employed by the Board who was transferred to the service of the Board under sub-section (9) of section 39 of the Principal Act and has, by virtue of such transfer, a right to superannuation benefits payable by the Board and in respect of whom it is provided by this Act that no superannuation scheme shall apply to or enable superannuation benefits thereunder to be received by him;

the expression “appropriate superannuation scheme” means, in relation to an excluded person, the superannuation scheme which would apply to him if he were not an excluded person.

(2) Any excluded person may, by application in writing made to the Board not later than one month after the confirmation by the Minister of the appropriate superannuation scheme, elect to be deemed to have surrendered the superannuation benefits to which he is entitled by virtue of his transfer to the service of the Board and to be entitled in lieu thereof to receive from the Board the like superannuation benefits as those which he would be entitled to receive under the appropriate superannuation scheme if that scheme applied to him.

(3) The following provisions shall apply and have effect in relation to every excluded person who makes to the Board, within the time limited by the next preceding sub-section of this section, such application as is mentioned in that sub-section, that is to say:—

(a) such excluded person shall not be entitled to receive any of the superannuation benefits to which he was entitled by virtue of his transfer to the service of the Board;

(b) such person shall be entitled to receive from the Board the like superannuation benefits as those which he would be entitled to receive under the appropriate superannuation scheme if that scheme applied to him;

(c) such person shall be entitled to reckon for the purposes of the superannuation benefits to which he is entitled under the next preceding paragraph of this sub-section the same number of years of continuous service as he would have been entitled to reckon for the purposes of the superannuation benefits to which he would have been entitled if he had not made the said application to the Board but subject to the provisions of the appropriate superannuation scheme in relation to the calculation of continuous service;

(d) notwithstanding anything contained in the next preceding paragraph of this section, such person shall not be entitled to receive, in respect of any particular benefit, any greater amount than the maximum amount fixed by the appropriate superannuation scheme in respect of that benefit;

(e) for the purpose of calculating the superannuation benefits to which such person would have been entitled under the appropriate superannuation scheme if that scheme had applied to him, there shall be deemed to have been duly paid by or in respect of him the contributions appropriate under the said scheme to the number of years of service which he is entitled under this sub-section to reckon;

(f) subject to the foregoing provisions of this sub-section, the provisions of the appropriate superannuation scheme and of this Act shall apply and have effect in relation to such person in like manner in all respects as if such scheme applied to him.

(4) Where the appropriate superannuation scheme in respect of an excluded person is the manual workers superannuation scheme, an application under this section by such person to the Board shall be void and of no effect unless it is accompanied by a declaration, signed by such person, to the same effect as the declaration the deposit of which with the Board is made by this Act a condition precedent to the payment of contributions and the receipt of superannuation benefits under the manual workers superannuation scheme.

(5) All superannuation benefits which an excluded person becomes entitled under this section to receive from the Board shall be paid by the Board as part of its general expenses.

(6) Every dispute which shall arise between the Board and an excluded person (including a person claiming to be an excluded person) in relation to this section or any of the provisions thereof shall, at the request of the Board or of such person be referred to and determined by the Tribunal, and the decision of the Tribunal thereon shall be final and binding on the Board and on such person.