
1 

(1) These Regulations shall
come into operation on the fourth day of November, 1954, and may be cited
as the British Transport Commission (Amendment of Pension Schemes) Regulations,
1954.
(2) 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” means 
the Transport Act, 1947;

 “accrued pension rights” has the meaning assigned to it by paragraph (3) of this Regulation
;
 “the Authority” means 
the Ulster Transport Authority established under the Transport Act (Northern Ireland), 1948;

 “the Commission” means the British Transport Commission;
 “the Corporation” means the British European Airways Corporation established by the Air Corporations Act, 1949;

 “the date of change”
in relation to an officer or servant to whom these Regulations apply means the date on which the officer or servant ceases to be so employed
for the purpose of becoming employed as an officer or servant by the Corporation
or by any person carrying on a railway undertaking in a country outside of
the United Kingdom, not being a foreign country;
 “foreign country” has the same meaning as in the British Nationality Act, 1948;

 “officer or servant”
means a person—
(a) employed as a member of the Commission or of
an Executive or as an officer or servant by the Commission (whether or not
the employment is by virtue of the Act to be treated as employment by an Executive),
or
(b) employed as an officer or servant by the Authority who became so
employed immediately upon ceasing to be employed as specified in paragraph
(a);
 “pensionable event” in
relation to an officer or servant to whom these Regulations apply means—
(a) retirement from the employment upon which he enters after
the date of change, on or after attaining the age at which persons in that
employment are normally required to retire; or
(b) 
the happening of any contingency other than reaching the relevant age which
would have carried entitlement to pension under the rules of his railway pension
scheme or society pension scheme;
 “railway pension scheme”
means any pension scheme established by or under the London Midland and Scottish Railway
(Superannuation Fund) Act, 1924, the Southern Railway (Superannuation
Fund) Act, 1927 the London and North Eastern Railway
(Superannuation Fund) Act, 1939, the Great Western Railway (Superannuation
Fund) Act, 1941, or the Railway Clearing System Superannuation
Fund Act, 1873.
 “the relevant age” in
relation to an officer or servant means the minimum
age at which under the rules of his railway pension scheme he can exercise
a right to receive a pension on retirement;
 “society pension scheme”
means any pension scheme of the society known as the
London and North Western Railway Provident Society for providing Pension for
Widows and Orphans of the Salaried Staff or the Great Western Railway Salaried
Staff Widows and Orphans Pensions Society, as the case may be.

(3) In these Regulations, the
expression “accrued pension rights” in relation
to an officer or servant means any right to the payment
on or after reaching the relevant age or on or after the happening of any
other contingency carrying entitlement to pension under his scheme, of a pension
payable to or in respect of him calculated at such fraction or fractions of
his pensionable emoluments in respect of each year or part of a year of his
pensionable service as would have been applicable under that scheme in the
calculation of the pension, if he had at the date of change reached the relevant
age or, as the case may be, had the other contingency then happened, and there
had been no requirement of the scheme as to a minimum qualifying period of
pensionable service: Provided
that in the case of any officer or servant to whom these Regulations apply,
for the purposes of ascertaining the amount of any such pension account shall
be taken of any provision in the scheme for the payment of minimum pension.

(4) Any reference in these
Regulations to any enactment shall be construed as a reference to that enactment
as amended, extended or applied by or under any other enactment.
(5) The Interpretation Act, 1889,
shall apply to the interpretation of these Regulations as it applies to the
interpretation of an Act of Parliament.
2 
These Regulations shall apply to—
(a) every officer or servant
being a participant in a railway pension scheme or in a society pension scheme
or in both a railway pension scheme and a society pension scheme—
(i) who, upon ceasing to
be employed as an officer or servant by Commission (whether or not the employment
is by virtue of the Act to be treated as employment by an Executive), becomes
with the consent of the Commission employed as an officer or servant by the
Corporation or by a person carrying on a railway undertaking in country outside
of the United Kingdom, not being a foreign country or
(ii) who, upon ceasing
to be employed as an officer or servant by Authority, becomes with the consent
of the Authority and of Commission employed as an officer or servant by the
Corporation of by a person carrying on a railway undertaking in a country
out of the United Kingdom, not being a foreign country;
(b) any railway pension scheme
or society pension scheme in which any officer or servant to whom these Regulations
apply was a participant at the date of change.
3 
Where any officer or servant to whom these Regulations
apply is entitled under any pension scheme to which these Regulations apply,
on ceasing to be an officer or servant, to receive any payment by way of a
return of contributions paid by or in respect of him, with or without interest
thereon, he may, at any time within three months of the date of change, exercise
his right to receive such a payment; and where such a right is exercised by
any officer or servant the subsequent provisions of these Regulations shall
not apply to him, and the persons managing any such scheme, the persons in
whom any fund held for the purposes thereof is vested and the Commission shall
be discharged from all other liability under the scheme to or in respect of
that officer or servant or to any other person by reason of that right having
been exercised.
4 

(1) Subject to the provisions
of these Regulations, the subsequent provisions of this Regulation shall be
terms of any pension scheme to which these Regulations apply and notwithstanding
anything to the contrary therein contained, every such scheme and any statutory
provisions relating thereto and all trust deeds, rules and other instruments
made for the purposes thereof shall be construed accordingly.
(2) Subject to the provisions
of this Regulation, the persons administering the scheme or, as the case may
be the persons in whom any funds held for the purposes of the scheme are vested
shall pay to or in respect of any officer or servant to whom these Regulations
apply, being a participant in the scheme, as from the date of the pensionable
event the payment or payments comprised in his accrued pension rights.
(3) In the case of any officer
or servant to whom these Regulations apply who before the happening of the
pensionable event leaves the employment upon which he enters after the date
of change, paragraph (2) of this Regulation shall have effect as if the reference
therein—
(a) to payment as from
the date of the pensionable event were a reference to payment within three
months of the date upon which he leaves that employment;
(b) to the payment or payments
comprised in his accrued pension rights were a reference to such payment or
payments comprised in his accrued pension rights as would have been payable
under the scheme had he voluntarily ceased to be a participant therein at
the date of change.
(4) In the case of any officer
or servant to whom these Regulations apply who after the date of change becomes
employed by a person carrying on a railway undertaking in a country outside
of the United Kingdom, not being a foreign country, the payment or payments
comprised in his accrued pension rights falling to be made under paragraph
(2) of this Regulation shall, so far as they are attributable to his having
been a participant in a railway pension scheme, be reduced, according to his
age at the date of the pensionable event, by the percentage shown in the appropriate
column of the table set out in the schedule to these Regulations:Provided that the provisions
of this paragraph shall not apply in any case where such an officer or servant
whilst so employed dies or retires on the ground of ill health before attaining
the age at which persons so employed are normally required to retire.
(5) Subject to the foregoing
provisions of this Regulation, the rules of any pension scheme to which these
Regulations apply shall apply in relation to the accrued pension rights of
any officer or servant to whom these Regulations apply, being a participant
in the scheme, as they apply in relation to the pension rights of other participants
in the scheme at the date of change.
Given under the Official Seal of the Minister of Transport and
Civil Aviation this twenty-seventh day of October, 1954.
John Boyd-Carpenter
The Minister of Transport and Civil Aviation

SCHEDULE

Table showing the percentage
by which pension payments are to be reduced according to age at the pensionable
event, in cases to which Regulation 4 (4)
applies.

 Percentage Reduction

Age at last birthday preceding the pensionable event Males Females
59 5 —
58 10 —
57 15 —
56 20 —
55 25 —
54 30 5
53 35 10
52 40 15
51 45 20
50 49 25
49 52 29
48 55 33
47 57 36
46 59 39
45 61 42
