
1 
The National Coal Board
(in these regulations referred to as “the Board”) shall have
power to pay out of their funds, or to provide for the payment of, pensions,
gratuities and other like benefits for all or any of the purposes specified
in paragraphs (a) and (b) of subsection (1) of section
thirty-seven of the Act of 1946 
as amended by section four of the Act of 1949 in such manner (including, subject to the Minister's approval,
the establishment of schemes and other arrangements) as they may think fit;
and in particular (but without prejudice to the generality of the foregoing
provisions) the Board shall have power—
(a) to administer schemes and other arrangements established
with the Minister's approval; and for the purposes thereof or in connection
there-with to establish and administer funds, to take out, acquire and maintain
policies of insurance, and to execute bonds, indemnities and other similar
instruments for securing the aforesaid benefits; and
(b) to participate
in and to continue existing schemes and other arrangements and make payments
to or for the purposes of or in connection with the same, including payments
under policies of insurance, bonds, indemnities and other similar instruments
for securing benefits thereunder.
2 

(1) The Board shall only
have power to pay, or to provide for the payment of, any pension, gratuity
or other like benefit to any person who has not been taken into the service
of the Board, or has ceased to be employed by the Board, on the ground that
his services are not required in consequence of the vesting in the Board of
the assets in relation to which he was employed immediately prior to such
vesting (except in so far as he has a right to, or an expectation of accruer,
whether as of right or under customary practice, of, any particular benefits
on retiring or otherwise ceasing to be employed) if—
(a) the failure to
take the person in question into the service of the Board, or the reason for
terminating his employment by the Board, was not on account of misconduct
or incapacity to perform the duties he was performing or might reasonably
have been required to perform;
(b) the person in
question has been regularly employed in transferred
employment or in the service of the Board (or would have been in
such employment or service if he had not been engaged in war service) for
at least ten years in the aggregate either since the 1st day of January, 1935, or during any period if he was taken into the service of the Board,
and he had immediately prior to being taken into such service been in transferred
employment (or would have been in such employment if he had not been engaged
in war service) and he had, during every part of that period in which he was
not so employed or engaged, been regularly employed in or in connection with
coal industry activities or transferred allied activities;
(c) the claim to
payment arises not later than seven years from the date of the vesting in
the Board of an interest in relation to which the person in question was regularly
employed in transferred employment, and is made not later than two years after
the date on which it arises; and
(d) the person in
question was not a person to whom a contract for the rendering of personal
services relates, being a contract from a liability under which the Board
were discharged by virtue of subsection (2) of section seven
 of the Act of 1946.
(2) A person referred
to in the last preceding paragraph who is aggrieved by the Board's determination
as to what (if any) payment is to be made to him under the provisions of any
scheme or arrangement established by the Board (being neither a scheme or
arrangement which provides for the settlement of questions arising thereunder
by an independent person or tribunal, other than a referee or board of referees
appointed by the Minister of Labour and National Service, nor a scheme or
arrangement the principal object of which is the provision of benefits on
retirement from employment) may require the question of what amount (if any)
is payable under such provisions to be referred to a referee or board of referees
appointed for the purpose by the Minister of Labour and National Service.
The decision of the referee or board of referees shall be final
and nothing in the Arbitration Acts, 1889 to 1934, shall be construed as applying
to any proceedings before him or them.
(3) In fixing from time
to time the amount of any pension, gratuity or other like benefit to be paid
to a person referred to in paragraph (1) of this regulation the Board and,
in a case referred to a referee or board of referees, the referee or board
shall have regard to what in his or their opinion are the prospects at the
time when such amount is fixed of such person obtaining any other employment,
to whether or not such person has attempted and failed to obtain other employment,
and to the amount of any compensation recovered under the Reinstatement in Civil Employment
Act, 1944.
3 

(1) In the case of persons,
whether taken into the service of the Board or not, who have been before the
primary or other vesting date in transferred employment
, where either—
(a) a right to any
particular benefits in favour of any such person, or in favour of another
person by reference to his employment, ceases or is prejudiced by reason of
his ceasing in consequence of the passing of the Act of 1946 to be employed
by his previous employer or in the activities constituting such employment;
or
(b) any such person
has retired from transferred employment before the primary or other vesting
date, and he, or another person by reference to his employment, has been in
receipt of benefits granted in respect of his employment, whether as of right
or under customary practice;the Board shall either provide by a scheme or other arrangement
established by them benefits for such persons as aforesaid in all respects
the same as, or not less advantageous than, the benefits mentioned in sub-paragraphs
(a) or (b)
of this paragraph, as the case may be, or participate in and continue an existing
scheme or other arrangement under which such benefits are granted.
(2) In the case of persons,
whether taken into the service of the Board or not, who have been before the
primary or other relevant vesting date in transferred employment, where an
expectation of accruer, whether as of right or under customary practice, of
any particular benefits in favour of any such person, or in favour of another
person by reference to his employment, ceases or is prejudiced by virtue of
his ceasing in consequence of the passing of the Act of 1946 to be employed
by his previous employer or in the activities constituting such employment,
the Board shall provide in his favour, or in favour of that other person by
reference to his employment, fair and reasonable compensation for the cesser
of or prejudice to that expectation. Such compensation shall be a pension,
gratuity or benefit of the same kind payable on the happening of the same
events as the benefits expected to accrue and calculated (so far as practicable)
on the same basis as those benefits by reference—
(a) to the period
of employment to service wherein that expectation was ascribable; and
(b) (except where
the benefits expected to accrue would not have been ascertained by reference
to emoluments enjoyed by him) to the emoluments enjoyed by him during that
period;and shall take into account any loss of benefits which might have
been expected to accrue by virtue of employment after the expiration of the
period referred to in sub-paragraph (a)
hereof in accordance with the three next following paragraphs of this regulation,
or, if the Board so decide after considering any preference expressed by him,
shall be a pension, gratuity or benefit not less advantageous than that so
payable and calculated:Provided that no compensation
shall be payable in respect of the loss of or prejudice to any expectation
unless a claim in writing in respect thereof is made to the Board not later
than two years, subject to the provisions of paragraph (7) of this regulation,
from the date on which the person concerned ceased to be employed by his previous
employer or in the activities aforesaid (whichever caused the prejudice or
cesser) or, if later, from the coming into operation of these regulations.

(3) In the case of any
person taken into the service of the Board to whom or by reference to whose
employment compensation is to be provided under the last preceding paragraph
by reason of his ceasing to be employed in that service, there shall be added
to the period referred to in sub-paragraph (a)
of that paragraph his period of service with the Board and (except where the
benefits expected to accrue would not have been ascertained by reference to
emoluments enjoyed by him) the emoluments to be referred to shall be the amount
described in sub-paragraph (a) or sub-paragraph
(b) of this paragraph whichever is the
greater, that is to say—
(a) the amount of
his emoluments in any year during his period of service with the Board relevant
for the purpose of the calculation of compensation in accordance with the
last preceding paragraph of this regulation or, if less, the amount calculated
in accordance with the provisions of the schedule hereto in respect of that
year, or
(b) the emoluments
enjoyed by him during the employment to which his expectation was ascribable
together with any regular periodical increase or any specific increase of
emoluments at any particular time of which he had an assurance if that employment
had continued, being a time during his service with the Board.
(4) In the case of any
person to whom or by reference to whose employment compensation is to be provided
under paragraph (2) of this regulation, if he was not taken into the service
of the Board, by reason of his ceasing to be employed in the employment to
which his expectation was ascribable, or, if he was taken into the service
of the Board, by reason of his ceasing to be employed in that service,—

(a) who had attained
the age of forty at the time of such cesser (being before the benefits were
expected to accrue), and
(b) who had been
regularly employed in transferred employment or in the service of the Board
(or would have been in such employment or service if he had not been engaged
in war service) for at least ten years in the aggregate either since the 1st
day of January, 1935, or during any period if he was taken into the service
of the Board, and he had immediately prior to being taken into such service
been in transferred employment (or would have been in such employment if he
had not been engaged in war service) and he had, during every part of that
period in which he was not so employed or engaged, been regularly employed
in or in connection with coal industry activities or transferred allied activities,
there shall, in calculating the compensation to be provided by
reason of that cesser, be added to the period referred to in sub-paragraph
(a) of that paragraph one year for each
complete year of such employment or service after attaining forty, subject
to a maximum of ten years or the number of complete years between the date
when such employment or service ceased and the earliest time at which benefits
were expected to accrue on retirement whichever is the less: so however that
the added years may be reduced or excluded having regard to any emoluments
or pension rights arising from further employment which he has or could have
obtained.
(5) In calculating any
compensation payable by virtue of either of the two last preceding paragraphs
account shall be taken of any contribution which the person would have made
in respect of any period added to the period referred to in subparagraph (a) of paragraph (2) of this regulation towards the
benefits expected to accrue but no account shall be taken of any amount by
which any emoluments exceed £4,000 per annum, and no payment shall be
made by virtue thereof such that the aggregate annual value of any benefits
receivable by a person in connection with any employment of his (all such
benefits being expressed as a pension for life) would exceed either two-thirds
of the emoluments received by him in the year of his service in transferred
employment, or, if taken into the service of the Board, in that service, or
the annual value of any benefits (expressed as aforesaid) which he would have
received if he had continued in employment, or in the service of the Board,
as the case may be, receiving those emoluments until the earliest time at
which those benefits were expected to accrue on retirement.
(6) There shall be referred
to a referee or board of referees appointed by the Minister of Labour and
National Service any dispute arising—
(a) in relation to
paragraph (1) of this regulation, whether the benefits provided by the Board
under that paragraph are the same as, or not less advantageous than, those
the right to which has so ceased or been prejudiced or, as the case may be,
those that had been received; or
(b) in relation to
paragraph (2) of this regulation, whether compensation provided by the Board
under that paragraph satisfies the requirements thereof.The decision of the referee or board of referees shall be final,
and nothing in the Arbitration Acts, 1889 to 1934, shall be construed as applying
to any proceedings before him or them.
(7) The Minister may,
on written application being made to him in that behalf, whether the period
referred to in the proviso to paragraph (2) of this regulation has expired
or not, extend that period in any case in which he is satisfied that there
is reasonable ground for the claim not being or not having been made in that
period.
(8) If the Board shall
be of opinion that any benefit to which any such person had a right or an
expectation of accruer as aforesaid, or of which any such person had been
in receipt as aforesaid, was granted or increased on or after the first day
of August, 1945, otherwise than in the ordinary course, in connection with
any provision made by the Act of 1946 or with any anticipation of the making
of any such provision, the Board may, at any time within twelve months from
the relevant date or the date on which the Board first have notice of such
grant or increase (whichever date is the later) give notice to the effect
that they are of that opinion to such person, and if the Board give such a
notice they shall not be under obligation under a scheme or other arrangement
either established or continued by them to provide benefits so granted or
to the extent of such increase:Provided that a person
to whom a notice is given by the Board in pursuance of this paragraph, may,
within one month from the date on which the notice is served on him, if the
Minister consents, refer the matter to arbitration under the Act of 1946;
and if the matter is so referred the arbitrator shall consider whether or
not the opinion of the Board was justified and, if not, or not wholly, justified,
to what extent (if at all) the benefits so granted, or the amount of the increase,
should bind the Board; and any adjustment required in consequence of such
a determination shall be made accordingly.
4 

(1) 
As from the relevant date every scheme and other arrangement and every regulating
instrument in connection therewith which relates exclusively to—
(a) persons, who have been
in transferred employment before the primary or other relevant vesting date
and to whom paragraph (1) or paragraph (2) of regulation
three applies (other than persons referred
to in paragraph (6) of this regulation);
(b) persons,
other than as aforesaid and other than persons referred to in the said paragraph
(6), taken into the employment of the Board before the commencement of the
Act of 1949 being persons who had been in employment in or in connection with
coal industry activities or transferred allied activities;
 and whereby pensions, gratuities or other like benefits are provided
for them or other persons by reference to their employment (in these regulations
referred to as “an exclusive scheme”) shall unless
the context otherwise requires have effect—
(i) as if references to the Board were substituted
for references to the employer of such a person;
(ii) as if
references to the Board were substituted for references to the directors of
an employer being a company;
(iii) as
if references to a member, or corresponding officer, of the Board were substituted
for references to a director, or officer, of an employer;
(iv) as if
references to a “financial year” meant a “financial year
of the Board” as defined in subsection (1) of section sixty-three
 of the Act of 1946; so however that that expression
shall mean, in relation to the current financial year at the relevant date,
that year but ending at the end of the then current financial year of the
Board;
(v) as if
references to the ownership of a colliery or collieries in a specified district
included references to a colliery or collieries owned by the Board in that
district, or in any district corresponding to or comprising that district,
by whatsoever name that district may be called or described.
(2) If any exclusive
scheme provides for the appointment of a trustee or trustees to represent
the employer, the Board may appoint any person or persons as trustee or trustees
to represent the Board; but unless another person or other persons are so
appointed the person or persons who are trustees at the relevant date shall
without prejudice to his or their right (if any) to retire, remain trustees.

(3) In any case in which
an exclusive scheme provides for an office being held by a person bearing
a description not applicable to the Board, the Board shall determine their
office who is to hold such office.
(4) Any provision in
an exclusive scheme which authorises or requires an account to be with a particular
bank shall be construed as if, in addition, it enabled such account to be
with any other bank specified by the Board.
(5) Provisions in any
exclusive scheme limiting the eligibility for membership of the scheme to
the employees, or specified classes or descriptions of employees, of a particular
employer shall, as from the relevant date, be construed as limiting that eligibility
to the employees, or the specified classes or descriptions of employees, employed
at the undertaking which formerly comprised the concern of that employer,
and to persons who were so employed immediately before the relevant date.

(6) The persons excepted
from paragraph (1) of this regulation are any persons who were employed by
a colliery concern engaged in the working and getting of coal comprised in
a mine of the class specified in paragraph (a) of subsection (2)
of section thirty-six of the Act of 1946 if
before the expiration of six months from the relevant date the Board granted
a licence under the said subsection (2) authorising the working and getting
of coal from that mine by that concern and they continued to work after the
relevant date at that mine and were employed thereat by that concern.
5 

(1) 
As from the relevant date every scheme and other arrangement, and every regulating
instrument in connection therewith, existing at the relevant date which relates
partly but not exclusively to such persons as fall within 
sub-paragraph (a) or (b) of paragraph (1) of
the last preceding regulation (in these regulations referred to as a “non-exclusive scheme”
) shall be deemed in all respects to be, and shall be administered
as, two separate schemes, being as to one part a scheme for the benefit of
all persons who are entitled to benefit, or were in receipt of any benefit,
under such non-exclusive scheme and who are persons within the said paragraphs
(in these regulations referred to as “the Board's part”),
and as to the other part a scheme for the benefit of all other persons who
were entitled to benefit, or were in receipt of any benefit, under such non-exclusive
scheme (in these regulations referred to as “the employer's part”)
.
(2) As soon as practicable
after the relevant date the funds, assets and liabilities as at that date
of every non-exclusive scheme shall be apportioned between the Board's part
and the employer's part. Any adjustment consequent on any person falling within sub-paragraph (a) or (b) of the
said paragraph (1) subsequently to that date shall be made as soon as practicable
thereafter. Every apportionment and adjustment as aforesaid shall, in default
of agreement between the parties, be determined by an actuary appointed by
the Minister.
(3) The part of such
assets and funds as aforesaid apportioned (whether or not as the result of
adjustment) to the Board's part shall, if vested in the employer, be transferred
to the Board and if vested in trustees shall be transferred to the trustees
of the Board's part appointed (or when appointed) as mentioned in the next
following paragraph; and the part of such liabilities as aforesaid apportioned
(whether or not as the result of adjustment) to the Board's part shall have
effect as against the Board or, as the case may be, the trustees of the Board's
part.
(4) In the case of any
non-exclusive scheme which provides for the appointment of trustees or for
the election or appointment of a committee, trustees of the Board's part shall
be appointed or, as the case may be, a committee in respect of the Board's
part shall be elected or appointed as soon as practicable after the relevant
date in accordance with such provisions; the existing trustees or, as the
case may be, committee shall, until such appointment or election, continue
to act in respect of both the Board's part and the employer's part.
(5) Where any policy
of assurance forms part of the assets of a non-exclusive scheme and the benefits
and liabilities thereunder have been apportioned as aforesaid the assurer
shall issue in substitution for such policy two policies to give effect to
such apportionment as aforesaid, one in favour of the Board or, as the case
may be, the trustees of the Board's part and the other in favour of the person
or persons in whose favour the said policy stood at the date of such apportionment.

(6) The provisions of
the last preceding regulation shall apply with requisite modifications to
the Board's part of a non-exclusive scheme as they apply to an exclusive scheme.

(7) Any reference in
a non-exclusive scheme to the employer ceasing to carry on business (whether
or not for the purpose of reconstruction) or being wound up or going into
liquidation or becoming bankrupt shall, in relation to the Board's part, cease
to have effect.
(8) For the purposes
of this regulation the expression “actuary” means a person who holds the diploma of Fellowship of the Institute of
Actuaries or of the Faculty of Actuaries in Scotland.
6 
As from the relevant date no person not then
already entitled to participate in an exclusive scheme or in the Board's part
of a non-exclusive scheme shall unless the Board in writing so permit, become
entitled to participate therein.
7 
No amendment deemed to have been made by the
provisions of the three last preceding regulations shall affect any liability
of the employer which has accrued before the relevant date; and any such liability
may be enforced as if such provision had not been made.
8 
Nothing in these regulations shall apply to
any scheme or other arrangement or to any regulating instrument in connection
therewith—
(a) established for the
purposes of or in connection with the Workmen's Compensation Acts, 1925 to
1945, or the enactments repealed by the Workmen's Compensation Act, 1925
, or the Workmen's Compensation Act, 1906
;
(b) established by a
trade union within the meaning of the Trade Union Act, 1913; or
(c) established by the
rules of a friendly society, whether registered under the Friendly Societies Act, 1896,
or not, if the Minister is satisfied that the number of members of such scheme
or other arrangement who were immediately prior to the primary vesting date
employed in coal industry activities or transferred allied activities was
not a substantial proportion of the total membership of such scheme or other
arrangement.
9 

(1) 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 of 1946” means the Coal Industry Nationalisation
Act, 1946;
 “the Act of 1949” means the Coal Industry Act, 1949;

 “the Board” means the National Coal Board;
 “the Board's part” and “the
employer's part” have the meanings
respectively assigned to them by paragraph (1) of regulation five
 of these regulations;
 “employer” means, in relation to a person who had retired before the relevant date,
the person who was his employer at the date of his retirement;

 “exclusive scheme” has the meaning assigned to it by paragraph (1) of regulation four
 of these regulations;
 “the Minister” means the Minister of Fuel and Power;
 “non-exclusive scheme” has the meaning assigned to it by paragraph (1) of regulation five
 of these regulations;
 “regulating instrument”
 means any trust deed, rules or other
instrument made for the purposes of any scheme or other arrangement as mentioned
in these regulations and includes any policy of insurance, bond, indemnity
or other similar instrument for securing benefits mentioned in any such scheme
or other arrangement or in any trust deed, rules or other instrument as aforesaid
;
 “relevant date” in relation
to a scheme or other arrangement means the date or,
if more than one, the first date on which either assets, in relation to which
persons participating therein were employed, vest in the Board by virtue of
the Act of 1946, or any such person, being a person within 
sub-paragraph (a) or (b) of paragraph (1) of regulation four,
was taken into the service of the Board;
 “transferred employment”
 means employment—
(a) in or in connection with coal industry activities
by a colliery concern, a class A subsidiary of a colliery concern, the Coal
Commission, a body administering a selling scheme, a selling agent appointed
under a group selling scheme or the South Yorkshire Mines Drainage Committee;
or
(b) in or in connection with transferred allied activities
by the owner of an interest falling within Part II, III or IV
of the first schedule to the Act of 1946 that vests in the Board by virtue
of the exercise of an option being activities for which that interest was
owned or for which things wherein that interest subsisted were used;
 “war service” means service in any of His Majesty's Forces or such other employment
as the Minister may in writing approve, being service or employment on or
after the twenty-sixth day of May, 1939.
(2) Where any periods
of employment or service aggregated for the purposes of sub-paragraph (b) of paragraph (1) of regulation twoor sub-paragraph (b) of paragraph (4) of regulation three
include fractions of a year those fractions shall be included and where the
total period of such employment or service includes a fraction of a year exceeding
six months that fraction shall be treated as one year.
(3) The Interpretation Act, 1889
shall apply to the interpretation of these regulations as it applies to the
interpretation of an Act of Parliament.
10 
The Coal Industry Nationalisation (Superannuation) Regulations, 1946
,
the Coal Industry Nationalisation
(Superannuation) Regulations, 1947, and the Coal Industry Nationalisation (Superannuation) Regulations, 1948
,
are hereby revoked but anything done under or for the purposes of those regulations
shall be deemed to have been done under or for the purposes of these regulations.

11 
These regulations shall come into operation
on the first day of April, nineteen hundred and fifty, but shall then be deemed
to have had effect from the first day of January, nineteen hundred and forty-seven,
and may be cited as the Coal Industry Nationalisation (Superannuation) Regulations,
1950.
Philip Noel-Baker
Minister of Fuel and Power
Dated this seventeenth day of March, nineteen hundred and fifty
SCHEDULE
Regulation 3(3)

The amount referred to in sub-paragraph (a) of paragraph (3) of regulation 3
for any person in respect of any year shall be that calculated in accordance
with the formula—E×RSEthe amount of the emoluments enjoyed
by him during the last year of the employment to which his expectation was
ascribable;Rthe figure shown in column
2, 3 or 4 (whichever applies) in the following table in relation to his age
in the relevant year;Sthe figure shown
in column 2, 3 or 4 (whichever applies) of the following table in relation
to the age at which he entered the service of the Board;
but in a case in which column 3 or 4 applies
and in which the amount arrived at in accordance with that formula is less
than the amount which would be so arrived at if the relevant emoluments had
been £999 or £1,999, as the case may be, the amount referred to
in the said sub-paragraph (a) shall be
that calculated in accordance with that formula on the basis of those emoluments.


TABLE
Col. 1 Col. 2 Col. 3 Col. 4
Age of employee Emoluments during
last year of employment to which expectation was ascribable were
 less than £1,000 not less than £1,000but less
than £2,000 not less than £2,000
20 100 180 214
21 117 180 214
22 133 180 214
23 148 180 214
24 159 180 214
25 170 180 214
26 180 180 214
27 188 188 214
28 195 195 214
29 202 202 214
30 208 208 214
31 214 214 214
32 219 219 219
33 225 225 225
34 230 230 230
35 235 235 235
36 242 242 242
37 248 248 248
38 255 255 255
39 261 261 261
40 268 268 268
41 274 274 274
42 280 280 280
43 285 285 285
44 290 290 290
45 294 294 294
46 299 299 299
47 303 303 303
48 307 307 307
49 311 311 311
50 314 314 314
51 318 318 318
52 321 321 321
53 323 323 323
54 326 326 326
55 328 328 328
56 330 330 328
57 332 332 328
58 334 334 328
59 336 336 328
60 338 338 328
61 340 338 328
62 342 338 328
63 343 338 328
64 344 338 328
65 345 338 328
