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Transfer of pensionable service.
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4.—(1) (a) The Minister may by regulations designate organisations as approved organisations for the purposes of this section.
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(b) Any reference in the subsequent subsections of this section to an approved organisation shall be construed as a reference to an organisation designated by regulations under this subsection.
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(2) Where—
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(a) a person employed in a pensionable capacity in an approved organisation is, without break of service, transferred or appointed to an established position, and
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(b) the Minister and the authority controlling the approved organisation agree, at the time of the transfer or appointment, that this subsection is to apply in relation to the person,
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the following provisions shall have effect:
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(i) service of the person which is reckonable, at the time of the transfer or appointment, as pensionable service for the purposes of the superannuation provisions applying to persons employed in a pensionable capacity in the approved organisation shall, if the Minister so thinks fit and to such extent as he determines and provided that a return of contributions is not made in respect thereof, be reckoned as service in an established position,
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(ii) where, any such service having been so reckoned, an award of an allowance or gratuity is made to or in respect of the person under the Superannuation Acts, 1834 to 1963, or an award of a marriage gratuity is made to the person, the appropriate authority shall make such contribution as may be agreed upon, at the time of the transfer or appointment, between it and the Minister towards the allowance or gratuity.
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(3) Where—
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(a) a person who is an established civil servant is, without break of service, transferred or appointed to employment in a pensionable capacity in an approved organisation, and
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(b) the Minister and the authority controlling the approved organisation agree, at the time of the transfer or appointment, that this subsection is to apply in relation to the person,
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the following provisions shall have effect:
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(i) if the superannuation provisions applying to persons employed in a pensionable capacity in the approved organisation do not include provisions for the reckoning as pensionable service for the purposes of those superannuation provisions of the service of the person reckonable, at the time of the transfer or appointment, in computing a superannuation allowance, that service shall, if the appropriate authority so thinks fit and to such extent as it determines, be so reckoned,
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(ii) where, any such service having been so reckoned by virtue of the foregoing paragraph or otherwise, an award of a lump sum, pension or gratuity is made to or in respect of the person under those superannuation provisions, the Minister shall make such contribution as may be agreed upon, at the time of the transfer or appointment, between him and the appropriate authority towards the lump sum, pension or gratuity.
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(4) In paragraph (ii) of subsection (2) and paragraphs (i) and (ii) of subsection (3) of this section “the appropriate authority” means—
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(a) in case an authority other than the authority controlling the approved organisation administers the superannuation provisions applying to persons employed in a pensionable capacity in the approved organisation—the authority administering those provisions, and
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(b) in any other case—the authority controlling the approved organisation.
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(5) Where—
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(a) a person employed in a pensionable capacity in an approved organisation is, without break of service, transferred or appointed to employment in a pensionable capacity in another approved organisation, and
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(b) the authorities controlling the approved organisations agree, at the time of the transfer or appointment, that this subsection is to apply in relation to the person,
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the following provisions shall have effect:
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(i) if the superannuation provisions applying to persons employed in a pensionable capacity in the other organisation do not include provisions for the reckoning as pensionable service for the purposes of those superannuation provisions of the service of the person reckonable, at the time of the transfer or appointment, for the purposes of the superannuation provisions applying to persons employed in a pensionable capacity in the first-mentioned organisation, that service shall, if the appropriate authority in relation to the other organisation so thinks fit and to such extent as it determines and provided that a return of contributions is not made in respect thereof, be so reckoned,
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(ii) where, any such service having been so reckoned by virtue of the foregoing paragraph or otherwise, an award of lump sum, pension or gratuity is made to or in respect of the person under the first-mentioned superannuation provisions, the appropriate authority in relation to the first-mentioned organisation shall make such contribution as may be agreed upon, at the time of the transfer or appointment, between it and the appropriate authority in relation to the other organisation towards the lump sum, pension or gratuity.
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(6) In paragraphs (i) and (ii) of subsection (5) of this section “appropriate authority” means, in relation to an organisation,—
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(a) in case an authority other than the authority controlling the organisation administers the superannuation provisions applying to persons employed in a pensionable capacity in the organisation—the authority administering those provisions, and
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(b) in any other case—the authority controlling the organisation.
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(7) (a) Where—
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(i) the superannuation provisions of an organisation to which this subsection applies do not include provisions such as are referred to in paragraph (i) of subsection (3) or paragraph (i) of subsection (5) of this section and it is desired that they should include those provisions,
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(ii) apart from this subsection, there is no power to make the appropriate amendments,
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power to make those amendments is hereby conferred on the authority controlling the organisation, but, where that authority has power to make other amendments of the superannuation provisions and that power cannot be exercised save with the agreement of any particular person, the power conferred by this subsection shall not be exercised save with the agreement of that person.
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(b) This subsection applies to any organisation which is—
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(i) an approved organisation, or
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(ii) an organisation in respect of which the Minister has undertaken to designate it under subsection (1) of this section when it has amended under this subsection its superannuation provisions.
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(8) (a) Whenever, a superannuation allowance or pension to which a contribution is made under subsection (2), (3) or (5) of this section having become payable, the pensioner receives any payments by way of remuneration out of public moneys, the superannuation allowance or pension shall be limited to such amount (if any) as, when added to the payments received by way of remuneration, does not exceed, in any period of twelve months, the annual remuneration which he received immediately before the superannuation allowance or pension commenced (or would have commenced but for not being in course of payment).
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(b) The superannuation benefits (whether by way of allowance, pension, lump sum or gratuity) payable to or in respect of a person in a case in which a contribution is made under subsection (2), (3) or (5) of this section shall be limited to the amount (if any) by which any other superannuation benefit, provided by means of a charge on public moneys and payable to or in respect of the person, falls short of the amount payable under the Superannuation Acts, 1834 to 1963, on the retirement or death (as may be appropriate) of a civil servant with forty-five years' established service and a salary equal to either the salary by reference to which the said superannuation benefits were computed or the salary by reference to which the other superannuation benefit was computed, whichever is the greater.
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(c) For the purposes of the foregoing paragraph the Minister shall determine—
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(i) the annual value of any allowance or lump sum, or
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(ii) the lump sum equivalent to any superannuation allowance or pension,
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payable from public moneys to the person concerned.
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(9) (a) The Minister may by regulations make provisions analogous to any of the provisions of subsections (2) to (8) of this section for any case to which this subsection applies, and any provisions so made shall have effect as if enacted in this section.
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(b) This subsection applies to any case in which a person has service consisting of three or more sub-periods succeeding one after another without interruption.
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(c) Each of the following periods shall be a sub-period for the purposes of this subsection:
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(i) a period of service in the Civil Service,
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(ii) a period of service in an approved organisation,
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(iii) a period of service under a local authority.
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