Transport (Miscellaneous Provisions) Act, 1971
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Continuance of superannuation benefits for persons transferred from the Board to the Company. |
32.—Where, either before or after the passing of this Act, the employment with the Board of a person who is an officer or servant of the Board (including an officer or servant transferred or seconded under section 14 of the Great Northern Railway Act, 1958, or section 11 of this Act) is terminated for the purpose of enabling the person to enter the employment of the Company, and upon such termination, the person enters the employment of the Company— | |
(i) the person, and any person claiming through him, shall have the same right to membership of and benefits under any superannuation scheme for officers or servants of the Board (other than the Board's welfare scheme for regular wages staff) as he would have if his employment with the Company were employment with the Board, | ||
(ii) except where otherwise agreed upon between the Board and the Company, upon such entry the obligations (whether obtaining legally or by customary practice) in respect of any such scheme and in respect of the members thereof attaching before such termination to the Board shall, as respects the person and any person claiming through him, attach to the Company, | ||
(iii) the interval (if any) between such termination aforesaid and the commencement of the employment with the Company shall be deemed, for the purposes of any such scheme, not to be a break in the person's employment, and | ||
(iv) the Board may include in a scheme or schemes amending any such scheme provisions giving effect to this section and, where the Minister is given power to confirm such scheme or schemes, such power may be exercised notwithstanding the inclusion of such provisions and such confirmation may be either withoutmodification of the provisions or with such modifications (whether by way of addition, omission or variation) as the Minister thinks proper. |