
PART I
1 

(1) These regulations
shall come into operation on the first day of January, 1956, but shall then
have effect from the thirty-first day of March, 1950, and shall be construed
accordingly.
(2) These regulations
may be cited as the Commonwealth Telegraphs (Cable and Wireless Ltd. Pension)
Regulations, 1955.
2 

(1) In these regulations,
unless the context otherwise requires:—
(a) the following
expressions have the respective meanings hereby assigned to them, that is
to say:—
 “the Act” means the Commonwealth Telegraphs Act, 1949
;
 “the Cable and Wireless Pension
Fund” means the pension scheme
which the Company intends to establish by virtue of regulation three as soon as may
be after these regulations come into operation for the payment of pensions
to persons who are or have been contributors to the Superannuation Suspense
Account and certain other persons;
 “the Commonwealth telegraphs
agreement” means the agreement
referred to by that name in the Act (being an agreement signed in London on
the eleventh day of May, 1948, entered into between His Majesty's Government
in the United Kingdom, His Majesty's Government in Canada, His Majesty's Government
in the Commonwealth of Australia, His Majesty's Government in the Dominion
of New Zealand, His Majesty's Government in the Union of South Africa, His
Majesty's Government in India and the Government of Southern Rhodesia for
the purpose of giving full effect to the recommendations of the Commonwealth
telecommunications conference held in London in July, 1945);

 “the Company” means Cable and Wireless Limited;
 “date of transfer” in
relation to any person means the date on which that
person, having been employed by the Company immediately beforehand, becomes
employed in the Post Office;
 “established civil servant”
 means a person serving in an established
capacity in the permanent civil service of the State;
 “the existing pension schemes”
 means the schemes for the payment of
pensions referred to in subsection (8) of section six
 of the Act (which are commonly known as the
Eastern and Associated Telegraph Companies' Pension Fund; the Cable and Wireless
Widows' Fund; the Pacific Cable Board Pension Fund; the Pacific Cable Board
Provident Fund; the Eastern Associated Telegraph Companies' Superannuation
Fund; the Post Office Transferees' Pension Fund; the Communications Superannuation
Fund; the Indo-European Retirement Fund; and the Marconi Companies' Staff
Superannuation Fund);
 “National Body” means any department, body or public corporation nominated or established
by a Government for the time being party to the Commonwealth telegraphs agreement
for the purpose of acquiring assets of the Company and of operating and maintaining
the external telecommunication services of that Government;
 “part-time employment”
means employment (other than full-time employment) in
which the person concerned gave personal service of at least eighteen hours
a week;
 “the Superannuation Acts”
 means the Superannuation Acts, 1834
to 1950;
 “the Superannuation Suspense
Account” means the pension scheme
established by the Company for the payment of pensions to or in respect of
persons who entered or enter into the permanent service of the Company on
or after the first day of January, 1948, and before the date on which the
Cable and Wireless Pension Fund is established;
 “transferee” means a person who on or after the first day of April, 1950, in consequence
of the giving of effect to clause five of the Commonwealth telegraphs agreement,
becomes employed by the Post Office having been continuously employed by the
Company during a period beginning before the first day of April, 1950, and
ending on the date of transfer.
(b) other expressions
have the same meanings as they have in the Act.
(2) Any reference in
these regulations to the provisions of any enactment or regulations shall
be construed, unless the context otherwise requires, as a reference to those
provisions as amended re-enacted or replaced by any subsequent enactment or
regulations.
(3) The Interpretation Act, 1889,
shall apply to the interpretation of these regulations as it applies to the
interpretation of an Act of Parliament.
PART II
3 

(1) The Company may
for the purposes of section six
of the Act establish and administer or provide for the establishment and administration
of any pension scheme which has been approved by the Postmaster-General in
substitution for the Superannuation Suspense Account, for the payment of pensions
to any transferee who either:
(a) under arrangements
made between him or any staff association on his behalf and the Postmaster-General,
elects or has elected or is deemed to have elected to remain or become a contributor
to the Superannuation Suspense Account or a member of any pension scheme established
as aforesaid, or
(b) remained or
remains a contributor to the Superannuation Suspense Account, or remains a
member of any pension scheme established as aforesaid, without having been
given an option to become an established civil servant.
(2) For the purpose
of sub-paragraph (a) of paragraph (1),
any election which under such arrangements as aforesaid is or has been superseded
by a subsequent retrospective election shall be disregarded.
(3) Nothing in these
regulations shall be taken as precluding the Company from providing for the
admission of any persons other than those referred to in paragraph (1) to
membership of any pension scheme established by virtue of these regulations.

PART III
4 
This part of these regulations shall apply to any transferee who:—

(a) immediately before
the date of transfer was a member of any of the existing pension schemes or
of the Cable and Wireless Pension Fund or a contributor to the Superannuation
Suspense Account, or was employed in a probationary capacity with a view to
being admitted into the pensionable employment of the Company, or was employed
in full-time unestablished employment with the benefit of an undertaking by
the Company that he would be admitted into the pensionable employment of the
Company if at the end of a period of deferment of such admission he satisfied
the Company that he was medically fit for such admission; and either
(b) under arrangements
made between him or any staff association on his behalf and the Postmaster-General,
elects or is deemed to have elected to remain a member of one or more of the
existing pension schemes, or to remain or become a contributor to the Superannuation
Suspense Account or a member of the Cable and Wireless Pension Fund, as the
case may be, or
(c) remains a member
of one or more of the existing pension schemes or of the Cable and Wireless
Pension Fund or a contributor to the Superannuation Suspense Account as the
case may be, without having been given an option to become an established
civil servant:Provided that for the
purpose of paragraph (b) of this regulation
any election which under such arrangements is superseded by a subsequent retrospective
election shall be disregarded.
5 
The Postmaster-General may pay from time
to time, out of moneys provided by Parliament, to the trustees or other the
persons administering the existing pension schemes, the Superannuation Suspense
Account, and the Cable and Wireless Pension Fund (all of which are referred
to in this regulation as “the said schemes”),
such contributions to the said schemes in respect of persons to whom this
part of these regulations applies as would from time to time have been payable
in respect of those persons if they had remained in the service of the Company,
being contributions which, by virtue of any provision in the trust deeds or
rules of the said schemes, or any agreement, arrangement, or customary practice
of the Company, (whether in operation on the thirty-first day of March, 1950,
or coming into operation at any time after that date), would have been payable
by the Company, or being other contributions which the Postmaster-General
has agreed or may agree to pay as a term of those persons' employment in the
Post Office, and, where those contributions are paid in arrear, interest thereon
calculated at such rates and in such manner as the Postmaster-General may
direct.
6 

(1) The Postmaster-General
may make from time to time, out of moneys provided by Parliament, grants to
or in respect of persons to whom this part of these regulations applies for
the purpose of supplementing pensions payable to or in respect of them by
virtue of any of the existing pension schemes or the Cable and Wireless Pension
Fund, in cases where the circumstances are such that grants for that purpose
would have been made to or in respect of those persons by the Company, or
by the trustees of any pension scheme established for that purpose, or by
both the company and such trustees, by virtue of any agreement, arrangement,
or customary practice of the Company (whether in operation on the thirty-first
day of March, 1950, or coming into operation at any time after that date),
if those persons had remained in the employment of the Company.
(2) The amount of the
grant payable in any case shall be the amount which would have been paid to
or in respect of the person concerned in the circumstances of that case if
he had remained in the employment of the Company and had received the salary
and emoluments which he actually received in respect of his service in the
employment of the Post Office after the date of transfer.
7 
Where immediately before the date of transfer any person to whom
this part of these regulations applies was in receipt of a superannuation
allowance under the Superannuation Acts in respect of a previous period of
employment in the civil service of the State, or under the Asylum Officers' Superannuation Act, 1909,
in respect of a previous period of employment as an established officer or
servant in a hospital, and by reason of his being employed in the civil service
of the State after the date of transfer such superannuation allowance has
ceased to be payable to him either in whole or in part, the Postmaster-General
may pay to him out of moneys provided by Parliament, so long as he remains
employed in the civil service of the State, a pension equal to the amount
of such superannuation allowance which has ceased to be payable to him as
aforesaid.
8 
Subject to regulation ten, no person to whom this part of these
regulations applies, and no other person in respect of him, shall be eligible
for any gratuity or other benefit under the Superannuation Acts in respect
of any period of employment of his in the civil service of the State in an
unestablished capacity beginning after the thirty-first day of March, 1950,
during which he is a participant in any pension scheme, or which is treated
in whole or in part as pensionable service for the purpose of any pension
scheme.
9 
Any person to whom this part of these regulations applies who becomes
a contributor to the Superannuation Suspense Account or a member of the Cable
and Wireless Pension Fund on or after the date of transfer shall (if otherwise
eligible) be qualified for admission as a subscriber to the Cable and Wireless
Widows' Fund, notwithstanding that he is not and has not been an established
employee of the Company for the purpose of the trust deeds and rules of the
last mentioned Fund; and the trust deeds and rules of the last mentioned Fund
shall take effect accordingly.
10 

(1) The following
paragraphs of this regulation shall have effect in relation to any person
to whom this part of these regulations applies, who becomes an established
civil servant after the date of transfer otherwise than by an election which
is superseded by a subsequent retrospective election.
(2) The Superannuation
Acts shall have effect in relation to him notwithstanding that, although his
appointment is not held directly from the Crown, he is admitted without a
certificate of the Civil Service Commissioners.
(3) His past pensionable
service shall be treated for the purpose of the Superannuation Acts as if
it were a period of service as an established civil servant of a length calculated
in accordance with the provisions of the First Schedule
hereto. For the purpose of this paragraph, his past pensionable service means
the total period of:
(a) his service
in the civil service of the State in an unestablished capacity between the
date of transfer and the date on which he became an established civil servant;

(b) his service
before the date of transfer, whether in the employment of the Company or not,
during which he was a member of any of the existing pension schemes, or the
Cable and Wireless Pension Fund or a contributor to the Superannuation Suspense
Account; and
(c) his service
previous thereto (if any) which was treated by the Company as pensionable
service in the employment of the Company:Provided that where
any period of his service was treated by the Company as being pensionable
service of more or less than its actual length, its length shall be similarly
adjusted for the purpose of sub-paragraphs (b)
and (c) of this paragraph.
(4) If, while a person
to whom paragraph (1) of this regulation applies is serving as an established
civil servant:
(a) any event
happens which, if that person had been employed by the Company on the date
on which the event happens and had been a member of the pension scheme of
which he was a member immediately before becoming an established civil servant,
would have entitled him or his legal personal representatives either absolutely
or at his or their option to the return of the whole or part of his own contributions
to the pension scheme, or
(b) any event
happens which, in the circumstances aforesaid, would have entitled him or
his legal personal representatives to a return of the whole or part of such
contributions subject to the discretion of the trustees of the pension scheme
or the Company as the case may be, and the Postmaster-General after consultation
with the said trustees or the Company is satisfied that the said trustees
or the Company would have so exercised their discretion as to make such return
of contributions, that person or his legal personal representatives (as the
case may be) may at his or their option elect, within the time and in the
manner hereinafter provided, to receive the sum referred to in paragraph (5)
of this regulation instead of his Superannuation Acts benefits, if any.
(5) In any case in
which such right of election is duly exercised no Superannuation Acts benefits
shall be payable, but the Postmaster-General may pay to or in respect of the
person concerned out of moneys provided by Parliament, a sum equal to the
total of
(i) the amount
of his own contributions which could have been repaid to or in respect of
him under the rules of the relative pension scheme or schemes in force on
the day before he became an established civil servant in respect of the particular
event if it had happened on that day, and
(ii) the interest
(if any) which would have been payable under the said rules calculated at
the rate applicable thereunder as if the event had happened on that day.
(6) In paragraphs
(4) and (5) of this regulation the expressions “pension scheme”, “his
own contributions”, and “Superannuation Acts benefits”
 have the same meanings as they have
in regulation sixteen, and paragraphs (4) and (5) of regulation
sixteen shall apply to the right of election
referred to in paragraph (4) of this regulation.
11 

(1) Where a female
transferee to whom this part of these regulations applies ceases after the
date of transfer to be a member of an existing pension scheme or the Cable
and Wireless Pension Fund or a contributor to the Superannuation Suspense
Account (as the case may be), otherwise than on becoming an established civil
servant, and subsequently she retires from or dies in the service of the Post
Office in such circumstances that a retirement or death gratuity would have
been made to or in respect of her by the Company by virtue of any agreement,
arrangement, or customary practice of the Company (whether in operation on
the thirty-first day of March, 1950, or coming into operation after that date)
if she had remained in the service of the Company, the Postmaster-General
may pay a gratuity to or in respect of her out of moneys provided by Parliament.

(2) The amount of
the gratuity payable in any case shall be the amount which would have been
paid to or in respect of the person concerned in the circumstances of that
case if she had remained in the employment of the Company and had received
the salary and emoluments which she actually received in respect of her service
in the Post Office after the date of transfer.
PART IV
12 
This part of these regulations shall apply to any transferee who
immediately before the date of transfer was a member of any of the existing
pension schemes or the Cable and Wireless Pension Fund or a contributor to
the Superannuation Suspense Account, and either
(a) under arrangements
made between him or any staff association on his behalf and the Postmaster-General,
elects to become an established civil servant as from the date of transfer,
or
(b) becomes an established
civil servant as from the date of transfer without being given an option to
remain a member of any of the existing pension schemes (except the Cable and
Wireless Widows' Fund) or the Cable and Wireless Pension Fund or a contributor
to the Superannuation Suspense Account as the case may be:Provided that:—

(i) 
for the purpose of paragraph (a) of this
regulation any election which under such arrangements is superseded by a subsequent
retrospective election shall be disregarded, and
(ii) regulation fifteen shall not apply
to any person to whom paragraph (b) of
this regulation applies.
13 

(1) In relation to
any person to whom this part of these regulations applies, the Superannuation
Acts shall have effect notwithstanding that, although his appointment is not
held directly from the Crown, he is admitted without a certificate of the
Civil Service Commissioners.
(2) Where under arrangements
referred to in paragraph (a) of regulation twelve
 the election of any person to whom this part
of these regulations applies to become an established civil servant is retrospective
to the date of transfer, the service of that person between that date and
the date on which he exercises such election shall be deemed for the purpose
of the Superannuation Acts to be service as an established civil servant.

14 

(1) The past pensionable
service of any person to whom this part of these regulations applies shall
be treated for the purpose of the Superannuation Acts as if it were a period
of service as an established civil servant of a length calculated in accordance
with the provisions of the First Schedule
hereto.
(2) For the purpose
of this regulation, the past pensionable service of a person means his service
before the date of transfer, whether in the employment of the Company or not,
during which he was a member of any of the existing pension schemes or the
Cable and Wireless Pension Fund or a contributor to the Superannuation Suspense
Account, and his service previous thereto (if any) which was treated by the
Company as pensionable service in the employment of the Company:Provided that where any
period of a person's service was treated by the Company as being pensionable
service of more or less than its actual length, its length shall be similarly
adjusted for the purpose of computing that person's past pensionable service
before the multiplier appropriate under the provisions of the First Schedule hereto is applied.

15 
Subject to proviso (ii) to regulation twelve
, in the computation for the purpose of the
Superannuation Acts of the average annual amount of the salary and emoluments
of the office of any person to whom this part of these regulations applies
during the last three years of his service, the annual rate of his salary
and emoluments during the part of that period subsequent to the date of transfer
shall be treated as being either the actual annual rate thereof, or the annual
rate of salary and emoluments reckoned as pensionable for the purpose of the
relevant pension scheme or treated by the Company as pensionable (as the case
may be) which he would have been receiving on the date of transfer if he had
remained in the employment of the Company, whichever is the greater.
16 

(1) In this regulation
the expression “pension scheme” means any of the following pension schemes, that is to say: the existing
pension schemes (other than the Cable and Wireless Widows' Fund), the Superannuation
Suspense Account and the Cable and Wireless Pension Fund; the
expression “his own contributions”, in relation to a person who on the day before the date of transfer
was a member of the Eastern and Associated Telegraph Companies' Pension Fund
or the Marconi Companies' Staff Superannuation Fund, means one-half of the
total of the member's contributions and the employer's contributions made
to the Fund by or in respect of him under the rules of the Fund, notwithstanding
that some part or the whole of the member's contributions due to be paid by
or in respect of him under the rules of the Fund has been borne by his employer
; and “Superannuation Acts benefits”
means any pension benefits (whether payable periodically
or in a lump sum) which, apart from this regulation, would or might have been
payable to or in respect of a person as an established civil servant, except
a return of periodical contributions under 
Part I or Part II of the Superannuation Act, 1949.

(2) If, while a person
to whom this part of these regulations applies is serving as an established
civil servant:
(a) any event happens
which, if that person had been employed by the Company on the date on which
the event happens and had then been a member of the pension scheme of which
he was a member immediately before the date of transfer, would have entitled
him or his legal personal representatives either absolutely or at his or their
option to the return of the whole or part of his own contributions to the
pension scheme, or
(b) any event happens
which, in the circumstances aforesaid, would have entitled him or his legal
personal representatives to a return of the whole or part of such contributions
subject to the discretion of the trustees of the pension scheme or the Company,
as the case may be, and the Postmaster-General after consultation with the
said trustees or the Company is satisfied that the said trustees or the Company
would have so exercised their discretion as to make such return of contributions,
that person or his legal personal representatives (as the case
may be) may at his or their option elect, within the time and in the manner
hereinafter provided, to receive the sum referred to in paragraph (3) of this
regulation instead of his Superannuation Acts benefits, if any.
(3) In any case in
which such right of election is duly exercised no Superannuation Acts benefits
shall be payable, but the Postmaster-General may pay to or in respect of the
person concerned, out of moneys provided by Parliament, a sum equal to the
total of:
(i) the amount
of his own contributions which could have been repaid to or in respect of
him under the rules of the relative pension scheme or schemes in force on
the day before the date of transfer in respect of the particular event if
it had happened on that day, and
(ii) the interest
(if any) which would have been payable under the said rules calculated at
the rate applicable thereunder as if the event had happened on that day.
(4) The right of election
referred to in paragraph (2) of this regulation shall not be exercisable in
relation to any event if it has been exercisable by the person concerned in
relation to a previous event, whether or not it was in fact exercised in relation
to the previous event.
(5) The said right
of election shall be exercisable by notice in writing to the Postmaster-General
given within three months of the happening of the event which gives rise to
such right, or, in any case in which the Postmaster-General is satisfied that
it was not reasonably practicable for notice to be given within that period,
within such extended period as the Postmaster-General may allow.
PART V
17 
This part of these regulations shall apply to any transferee, not
being a person to whom Part III
of these regulations applies, who immediately before the date of transfer
was employed by the Company either in full-time unestablished employment (including
employment in a probationary capacity) or in part-time employment.
18 

(1) The Postmaster-General
may pay from time to time, out of moneys provided by Parliament, retirement
and death gratuities and other pensions to or in respect of persons to whom
this part of these regulations applies, being persons who, under arrangements
made between them or any staff associations on their behalf and the Postmaster-General,
elect or are deemed to have elected to retain the pension rights to which
they were entitled by virtue of their employment with the Company, in cases
where the circumstances are such that retirement or death gratuities or other
pensions' would have been paid to or in respect of those persons by the Company
by virtue of any agreement, arrangement, or customary practice of the Company
(whether in operation on the thirty-first day of March, 1950, or coming into
operation after that date) if those persons had remained in the employment
of the Company.
(2) The amount of the
gratuity or other pension payable in any case shall be the amount which would
have been paid to or in respect of the person concerned if he had remained
in the employment of the Company and had received the salary and emoluments
which he actually received in respect of his service in the Post Office after
the date of transfer.
(3) Regulation seven shall apply in
relation to persons referred to in paragraph (1) of this regulation.
(4) No person referred
to in paragraph (1) of this regulation, and no other person in respect of
him, shall be eligible for any gratuity or other benefit under the Superannuation
Acts in respect of any period of employment of his in the civil service of
the State in an unestablished capacity beginning after the thirty-first day
of March, 1950, which is taken into account for the purpose of determining
whether a gratuity or pension is payable under the said paragraph (1), whether
it is determined that a gratuity or pension is or is not so payable.
19 

(1) Where any person
to whom this part of these regulations applies was in the full-time unestablished
employment of the Company immediately before the date of transfer and under
arrangements made between him or any staff association on his behalf and the
Postmaster-General he elects to become an established civil servant as from
the date of transfer, regulation thirteen
shall have effect in relation to him as it has in relation to persons to whom Part IV of these regulations applies.

(2) Where any person
to whom this part of these regulations applies was employed by the Company
immediately before the date of transfer
(a) in a probationary
capacity with a view to being admitted into the pensionable employment of
the Company, or
(b) in full-time
unestablished employment with the benefit of an undertaking by the Company
that he would be admitted into the pensionable employment of the Company if
at the end of a period of deferment of such admission he satisfied the Company
that he was medically fit for such admission,and under such arrangements as aforesaid he elects to become an
established civil servant on satisfying the Postmaster-General in case (a) that his health, conduct and efficiency, or in
case (b) that his health, are or is such
as would have been regarded by the Company as satisfactory for the purpose
of his admission into the pensionable employment of the Company, the Superannuation
Acts shall have effect in relation to him on his admission as an established
civil servant notwithstanding that, although his appointment is not held directly
from the Crown, he is admitted without a certificate of the Civil Service
Commissioners; and if under the said arrangements his election to become an
established civil servant is retrospective to the date on which the Postmaster-General
was satisfied as aforesaid, his service between that date and the date on
which he exercises such election shall be deemed for the purpose of the Superannuation
Acts to be service as an established civil servant.
(3) The service of any
person to whom paragraph (1) or paragraph (2) of this regulation applies in
the employment of the Company, and the service of any such person in the employment
of any of the Companies mentioned in the Second Schedule
hereto, being in either case service which, by virtue of any agreement, arrangement,
or customary practice of the Company, was reckonable by the Company for the
purpose of retiring or death gratuity or other pension, shall, for the purposes
of the provisions of the Superannuation Acts which relate to the reckoning
of unestablished service for the purpose of an award to an established civil
servant, be treated as if it had been employment in the civil service of the
State in an unestablished capacity, the whole of which had been served before
the passing of the Superannuation Act, 1949.

20 

(1) This regulation
shall apply to any transferee who, under arrangements made between him or
a staff association on his behalf and the Postmaster-General, elects to become
eligible for the pension rights of a person employed in the civil service
of the State in an unestablished capacity or in part-time service, instead
of retaining the pension rights to which he was entitled by virtue of his
employment with the Company.
(2) The service of any
person to whom this regulation applies in the full-time or part-time employment
of the Company, and the service of any such person in the full-time or part-time
employment of any of the Companies mentioned in the Second Schedule hereto, being
in either case service which, by virtue of any agreement, arrangement, or
customary practice of the Company, was reckonable by the Company for the purpose
of retiring or death gratuity or other pension, shall, for the purposes of
the provisions of the Superannuation Acts which relate to the payment of death
and retirement gratuities in respect of unestablished civil servants, be treated
as if it had been service in the civil service of the State in an unestablished
capacity or part-time service in the civil service of the State, as the case
may be.
(3) If any such person
subsequently becomes an established civil servant, the Superannuation Acts
shall have effect in relation to him notwithstanding that, although his appointment
is not held directly from the Crown, he is admitted without a certificate
of the Civil Service Commissioners; and any such service of his as is mentioned
in paragraph (2) of this regulation shall, for the purposes of the provisions
of the Superannuation Acts which relate to the reckoning of unestablished
or part-time service for the purpose of an award to an established civil servant,
be treated as if it had been employment in the civil service of the State
in an unestablished capacity or in part-time service as the case may be, the
whole of which had been served before the passing of the Superannuation Act, 1949.
21 
Where any person to whom this part of these regulations applies
is admitted after the date of transfer as a contributor to the Superannuation
Suspense Account or as a member of the Cable and Wireless Pension Fund under
arrangements made between him or any staff association on his behalf and the
Postmaster-General, regulations five, six, seven, eight
 and eleven shall apply in relation
to him, and paragraphs (1) and (2) of regulation
eighteen shall cease to apply to him.
22 
For the purpose of this part of these regulations, any election
by a person which under arrangements made between him or any staff association
on his behalf and the Postmaster-General, is superseded by a subsequent retrospective
election shall be disregarded.
PART VI
23 

(1) The trustees or
other the persons administering each of the existing pension schemes (other
than the Cable and Wireless Widows' Fund) shall pay to the Treasury out of
the pension funds held for the purpose of the pension scheme concerned a transfer
value in respect of:
(a) every person
to whom Part IV
of these regulations applies, and
(b) every person
to whom Part III
of these regulations applies who becomes an established civil servant after
the date of transfer otherwise than by an election which is superseded by
a subsequent retrospective election,being in either case a person who had pension rights under the
pension scheme concerned in respect of service which under these regulations
is to be taken into account for the purpose of the Superannuation Acts.
(2) The transfer value
in respect of each such person shall be of such amount as may be agreed between
the Treasury and the trustees or other the persons administering the pension
scheme concerned, or in default of such agreement, of such amount as may be
determined by the Treasury after consultation with the Government Actuary,
in either case less an amount equal to any sum which those trustees or other
persons may become liable to pay by way of income tax in respect of the amount
transferred by way of transfer value.
(3) Transfer values
payable by virtue of this regulation shall be discharged at such time or times
and in such manner as the Treasury may direct.
24 

(1) The trustees or
other the persons administering each of the existing pension schemes (other
than the Cable and Wireless Widows' Fund) may, with the consent of the Postmaster-General,
pay to the appropriate National Body out of the pension funds held for the
purposes of the pension scheme concerned a transfer value in respect of any
person who:
(a) in consequence
of the giving of effect to clause five of the Commonwealth telegraphs agreement,
became employed by the National Body of Canada on the 1st day of April, 1950,
by the National Body of the Commonwealth of Australia on the 1st day of April,
1950, by the National Body of the Dominion of New Zealand on the 1st day of
April, 1950, by the National Body of Southern Rhodesia on the 1st day of April,
1949, or by the National Body of Ceylon on the 1st day of June, 1951;
(b) immediately
before becoming so employed, was employed by the Company and was a member
of any of the said pension schemes; and
(c) on or after
becoming employed by such National Body,
(i) ceased
or ceases to be a member of any of the said pension schemes, and
(ii) became
or becomes a member of a pension scheme provided for him as an employee of
such National Body, on terms that his previous pensionable service in the
employment of the Company should be taken into account in whole or in part
for the purpose of ascertaining his pension rights under that scheme.
(2) A statement in
writing made by or on behalf of the appropriate National Body that the terms
of sub-paragraph (c) (ii) of paragraph
(1) are satisfied in any particular case shall be conclusive for the purposes
of this regulation.
(3) Any transfer value
paid under paragraph (1) shall be of such amount as may be agreed between
the National Body concerned, the trustees or other the persons administering
the pension scheme concerned, and the Company, or as may be fixed in any manner
agreed between them.
25 

(1) Where by virtue
of regulation twenty-three
the trustees or other the persons administering a pension scheme are under
an obligation to pay a transfer value in respect of any person, or where by
virtue of regulation twenty-four
the trustees or other the persons administering a pension scheme pay a transfer
value in respect of any person, they shall be under no obligation to pay to
that person any amount which, apart from this regulation, would be due to
him under the pension scheme by way of return of contributions or otherwise
on his ceasing to be a member of the pension scheme; and the pension schemes
referred to in these regulations and any statutory provisions relating thereto
and all trust deeds, rules and other instruments made for the purposes thereof
shall take effect accordingly.
(2) Nothing contained
in or done pursuant to this regulation shall extinguish or affect the liability
of the insurer under any policy of life insurance which is or was held for
the purposes of any of the said pension schemes.
PART VII
26 

(1) Subject to the
provisions of these regulations, any question arising under these regulations
shall be decided by the Postmaster-General.
(2) Before deciding
any question to which the existence, scope or other terms of any agreement,
arrangement, or customary practice of the Company are material, the Postmaster-General
shall consult with the Company.
(3) A person claiming
any rights under these regulations who is dissatisfied with a decision of
the Postmaster-General on any of the following matters, that is to say:—

(a) whether a
grant, gratuity, or other pension would have been paid to or in respect of
the person concerned in the circumstances mentioned in regulations six, eleven or eighteen;

(b) the amount
of any grant, gratuity, or other pension which would have been so paid;
(c) the length
of any period of service of the person concerned before the date of transfer;

(d) the annual
rate of salary and emoluments reckoned as pensionable for the purpose of the
relevant pension scheme or treated by the Company as pensionable (as the case
may be) which the person concerned would have been receiving in the circumstances
mentioned in regulation fifteen;
(e) whether paragraph (4) of regulation ten or paragraph (2) of regulation sixteen
 applies in the particular case; or
(f) what amount
is payable to or in respect of the person concerned under paragraph (5) of regulation ten or paragraph (3) of regulation sixteen
;may, within three months after the date on which he was notified
of the decision, or within three months after the date on which these regulations
come into operation (whichever is the later), require the matter to be referred
to the tribunal hereinafter mentioned, and the matter shall be referred accordingly:
Provided that where
any person had the right under paragraph (3) of regulation twenty-three
of the Commonwealth
Telegraphs (Cable and Wireless Ltd. and Post Office) Pension Regulations,
1953,
to require a matter to be referred to the tribunal therein mentioned, and
did not exercise that right within the time limited by the said paragraph
(3), that person shall not be entitled to refer the matter to the tribunal
hereinafter mentioned by virtue of this regulation.
(4) The Postmaster-General,
when notifying any decision in respect of any of the matters referred to in
paragraph (3) of this regulation to the person concerned after the date on
which these regulations come into operation, shall inform him in writing of
his right to require the matter to be referred to the tribunal.
(5) The tribunal shall
be a referee or board of referees appointed by the Minister of Labour and
National Service after consultation:—
(a) where the
proceedings are to be held in England, with the Lord Chancellor;
(b) where the
proceedings are to be held in Scotland, with the Lord President of the Court
of Session; and
(c) where the
proceedings are to be held in Northern Ireland, with the Secretary of State.

(6) The tribunal shall
consider any matter so referred as aforesaid, and shall determine whether
the decision of the Postmaster-General shall be confirmed, reversed, or varied.
Such determination shall be final, and the Postmaster-General shall give effect
to it accordingly.
(7) Any statement
of the length of a person's service before the date of transfer which has
been made to him in writing under arrangements made between him or any staff
association on his behalf and the Postmaster-General shall, unless the contrary
is proved, be deemed to be a correct statement of the length of:—
(a) that person's
service before the date of transfer which is reckonable for the purpose of
calculating the amount of the grant or gratuity which would have been paid
to or in respect of him in the circumstances mentioned in paragraph (2) of regulation six, paragraph (2) of regulation eleven
 or paragraph (2) of regulation eighteen,
or
(b) the periods
of his service referred to in sub-paragraphs (b) and (c) of paragraph
(3) of regulation ten, or
(c) his past pensionable
service for the purpose of regulation fourteen, or
(d) his service
referred to in paragraph (3) of regulation nineteen
 or in paragraph (2) of regulation twenty
as being service which was reckonable by the Company for the purpose of retiring
or death gratuity or other pension,as the case may be; and any such statement shall be deemed to be
a notification to that person of a decision by the Postmaster-General as to
such length for the purpose of this regulation:Provided that where
any such statement is superseded by a later statement made as aforesaid, the
foregoing provisions of this paragraph shall cease to apply to the superseded
statement and shall apply to the later statement.
(8) Nothing in these
regulations shall affect the discretion of the Treasury in making awards under
the Superannuation Acts.
27 

(1) Where any person
to whom Part III
of these regulations applies elects under arrangements made between him or
any staff association on his behalf and the Postmaster-General to remain a
member of an existing pension scheme, and that election supersedes a previous
election by him to become an established civil servant, and the trustees or
other the persons administering that scheme receive the appropriate contributions
to the scheme in respect of that person for the period between the date of
transfer and the date of the subsequent election, then that person shall not
be regarded for the purpose of regulation four of the Commonwealth Telegraphs (Pension Rights of
Cable and Wireless Ltd. Staff) Regulations, 1950, (which specifies the terms on which transferees
and other persons are entitled to remain members of the existing pension schemes)
as having ceased to be entitled to remain a member of the existing pension
scheme, by reason only that the whole or part of such contributions were not
received by the trustees or other the persons administering the scheme until
after the expiration of the said period.
(2) For the purpose
of the application of paragraph (1) of the said regulation four to any person
who is a transferee for the purpose of these regulations, the said paragraph
shall have effect subject to any arrangements made between that person or
any staff association on his behalf and the Postmaster-General as to the terms
or conditions on which he may elect to remain a member of any of the existing
pension schemes.
28 
The Commonwealth Telegraphs (Cable
and Wireless Ltd. and Post Office) Pension Regulations, 1953,
are hereby revoked.
Charles Hill
Her Majesty's Postmaster-General
Dated this 6th day of December, 1955We consent to these Regulations.
Edward Heath
Martin Redmayne
Two of the Commissioners of Her Majesty's Treasury
12th December, 1955
THE FIRST SCHEDULE
Regulations 10 and 14


Pension scheme of which the
person concerned was a member immediately before the date of transfer (regulation 14), or immediately
before the date of establishment (regulation 10).
 Multiplier to be applied to the length of the past pensionable
service of a member of the scheme, in order to ascertain the length of service
to be treated for the purpose of the Superannuation Acts as his established
service before the date of transfer (regulation 14)
or before the date of establishment (regulation 10).

Eastern and Associated Telegraph Companies' Pension Fund
 1
Pacific Cable Board Pension and Provident Funds 1
Post Office Transferees' Pension Fund 1
Communications Superannuation Fund (as respects any person
who became a member thereof before the 1st January, 1938) 1
Communications Superannuation Fund (as respects any person
who became a member thereof on or after the 1st January, 1938), and Superannuation
Suspense Account:
(a) for the purpose of
the application of regulation 14
to persons serving, or deemed by virtue of regulation 13
to be serving, as established civil servants on the date on which these regulations
come into operation, and to persons whose date of transfer is later than that
date 1
(b) for the purpose of
the application of regulation 10
to persons becoming established civil servants on or after the date on which
these regulations come into operation 1
(c) for the purpose of
any other application of regulation 14
or regulation
10 ¾
Indo-European Retirement Fund 1¼
Marconi Companies' Staff Superannuation Fund (as respects
any person who accepted the modification of pension rights offered by the
Company's letter of 23rd November, 1949) 1
Marconi Companies' Staff Superannuation Fund (as respects
any other person) ¾
Cable and Wireless Pension Fund 1
THE SECOND SCHEDULE
Regulations 19(3) and 20(2)


 Eastern Telegraph Company Limited.
 Western Telegraph Company Limited.
 Eastern Extension Australasia and China Telegraph Company
Limited.
 Marconi's Wireless Telegraph Company Limited.
 Marconi International Marine Communication Company Limited.

 Pacific Cable Board.
 Indo-European Telegraph Company Limited.
 Halifax and Bermudas Cable Company Limited.
 Cuba Submarine Telegraph Company Limited.
 Direct West India Cable Company Limited.
 West India and Panama Telegraph Company Limited.
 Direct Spanish Telegraph Company Limited.
 Electra House Limited.
 Globe Telegraph and Trust Company Limited.
