
PART I
1 
These rules may be cited as the Superannuation (Scottish Teaching
and English Local Government) Interchange Rules 1969 and shall come into operation
on 23rd June 1969.
2 

(1) In these rules,
unless the context otherwise requires—
 “the Act” means the Superannuation (Miscellaneous
Provisions) Act 1948;
 “the Act of 1909” means the Asylums Officers' Superannuation
Act 1909;
 “the Act of 1937” means the Local Government Superannuation
Act 1937;
 “the Act of 1953” means the Local Government Superannuation
Act 1953;
 “the Acts of 1937 to 1953”
 means the Local Government Superannuation
Acts 1937 to 1953;

 “added years” means, in relation to local government employment, any additional years
of service reckonable under regulation 12
of the Benefits Regulations or any corresponding provision of a local Act
scheme and includes any additional years of service which, having been granted
under any such provision or under any similar provision contained in any other
enactment or scheme, have subsequently become and are reckonable under or
by virtue of rules made under sections 2
and 15
of the Act or any other enactment;
 “the Benefits Regulations”
 means the Local Government Superannuation (Benefits) Regulations 1954;
 “fund authority” means a local authority maintaining a superannuation fund to which a person
either becomes a contributor after ceasing to be employed in teaching service
or, as the case may be, was last a contributor before he became employed in
teaching service;
 “local authority” has the same meaning as in the Act of 1937;
 “local government employment”
 means employment by virtue of which
the person employed is or is deemed to be a contributory employee or local
Act contributor;
 “Local Government Modification
Regulations” means the National Insurance (Modification
of Local Government Superannuation Schemes) Regulations 1947 and any provisions contained
in the Benefits Regulations or in a local Act scheme or in a scheme made in
relation to a local Act replacing wholly or in part the provisions of the
first-mentioned regulations;
 “national service”, in
relation to any person, means service which is relevant
service within the meaning of the Reserve and Auxiliary Forces (Protection of Civil Interests)
Act 1951 and any similar service immediately
following relevant service entered into with the consent of the authority
or person by whom he was last employed or, as the case may be, appointed to
an office before undertaking that service;
 “operative date” means the date of the coming into operation of these rules;

 “pension” has the meaning assigned to it by the Act;
 “prescribed period” has the meaning assigned to that expression by rule 3;
 “reckonable service”
means such service as is by virtue of the Teachers Regulations of 1969 reckonable
service for all the purposes of Part I of
the Teachers
Superannuation (Scotland) Act 1968;

 “repaid contributions”
 means any sum paid to a person under
the Teachers Schemes, the Teachers Regulations of 1957,
the Teachers Regulations of 1969,
the Acts of 1937 to 1953 or a local Act scheme by way of repayment of contributions
(other than voluntary contributions and contributions made or deemed to be
made for the purpose of securing benefits for a widow, children or other dependants);
and includes both any interest included in such sum and any amount deducted
therefrom in respect of liability to income tax arising by reason of the payment
;
 “the Teachers Regulations of
1957” means the Teachers (Superannuation) (Scotland) Regulations
1957
as amended;

 “the Teachers Regulations of
1969” means the Teachers Superannuation (Scotland) Regulations
1969
as amended;
 “the Teachers Schemes”
 means the Superannuation Scheme for Teachers in Scotland dated 5th June
1919,
the Superannuation Scheme for Teachers
(Scotland) 1926 and the Superannuation Scheme for Teachers
(Scotland) 1952;
 “teaching service” means—
(a) reckonable service; or
(b) service which for the purposes of the Teachers Regulations of 1969
is service as an organiser;
 “the Transfer Value Regulations”
 means the Local Government Superannuation (Transfer Value) Regulations
1954;

 “voluntary contributions”
 means—
(a) in relation to employment in teaching service,
additional contributions being paid under regulation 9
of the Teachers
Regulations of 1957 or regulation 31 of the Teachers Regulations of 1969
in respect of a period of previous employment and any contributions being
paid as a condition of any other period (not being a period of war service
within the meaning of the Education (Scotland) (War Service
Superannuation) Act 1939 or of national service)
being reckoned as reckonable service; and
(b) in relation to local government employment, payments
(other than completed payments, that is to say, payments made in respect of
a liability which has been wholly discharged) of any of the following categories—

(i) additional contributory payments of the kind referred
to in section 2(3) and (4)
of the Act of 1953;
(ii) any similar payments made under a local Act scheme as
a condition of reckoning any period of employment as service or as a period
of contribution for the purposes of the scheme, or, where the local Act scheme
provides for the reckoning of non-contributing service, as contributing service
for the purposes of the scheme;
(iii) any payments made for the purpose of increasing the
length at which any period of service or of contribution would be reckonable
for the purpose of calculating a benefit under a local Act scheme; and
(iv) any payments made in respect of added years.
(2) For the purposes
of these rules a justices' clerk shall be deemed to be in the employment of
the magistrates' courts committee or committee of magistrates by whom he is,
or under the provisions of any enactment is deemed to have been, appointed,
and in relation to any such person references to “employment” shall be construed accordingly.
(3) Other expressions
which have meanings assigned to them by the Acts of 1937 to 1953 or the Teachers Regulations of 1969 have,
unless the context otherwise requires, the same respective meanings for the
purposes of these rules.
(4) Any reference in
these rules to the provisions of any enactment, rules, regulations or other
instrument shall, unless the context otherwise requires, be construed as a
reference to those provisions as amended, modified, affected or re-enacted
by any subsequent enactment, rules, regulations or instrument.
(5) References in these
rules to a rule or to a Part shall, unless the context otherwise requires,
be construed as references to a rule or to a Part of these rules, as the case
may be.
(6) The Interpretation Act 1889
shall apply for the interpretation of these rules as it applies for the interpretation
of an Act of Parliament.
3 

(1) For the purposes
of these rules, subject as hereafter in this rule provided, the expression “prescribed
period” shall mean—
(a) in the case of a
person who, immediately after ceasing to be employed in teaching service or
local government employment, became engaged in national service, a period
of six months after the date of termination of the national service;
(b) in the
case of a person to whom section 6
of the Act has become applicable, a period of five years after the date on
which he ceased to be employed in local government employment or such longer
period as the Minister of Housing and Local Government may in any particular
case allow; and
(c) in the
case of any other person, a period of twelve months after the date on which
he ceased to be employed in teaching service or local government employment.

(2) The Secretary of
State in the case of a person entering teaching service and the fund authority
in the case of a person entering local government employment may, with the
agreement of the other, extend the period of six months or twelve months,
whichever is appropriate, specified in paragraph (1) of this rule.
(3) Subject as in paragraph
(4) of this rule provided—
(a) in reckoning
the periods of six months and twelve months specified in paragraph (1) of
this rule no account shall be taken of any period spent by a person on a course
of study or training which he undertook after leaving his former employment;
and
(b) if a person
left his former employment in order to undertake a course of study or training
and on completion of that course became engaged in national service, he shall
be deemed for the purposes of paragraph (1) of this rule to have left his
former employment at the time when he completed the said course of study or
training.
(4) The provisions
of paragraph (3) of this rule shall not apply to a person who in his new employment
is in local government employment unless the authority employing him are satisfied,
or to a person who in his new employment is in teaching service unless the
Secretary of State is satisfied, that by reason of his having undertaken the
said course of study or training he is better fitted for the duties of his
new employment.
PART II
4 

(1) Except as hereinafter
provided, this Part shall apply to a person who—
(a) enters, or
before the operative date entered, local government employment within the
prescribed period after ceasing to be employed in teaching service;
(b) before or
within three months after entering local government employment or within six
months after the operative date, whichever period shall last expire, or within
such longer period as the fund authority may with the agreement of the Secretary
of State in any particular case allow, notifies that authority in writing
that he desires this Part to apply to him and furnishes that authority with
particular case allow, notifies that authority in writing that he desires
this Part to apply to him and furnishes that authority with particulars in
writing of any national service in which he has been engaged since ceasing
to be employed in teaching service; and
(c) within three
months after entering local government employment or within six months after
the operative date, whichever period shall last expire, or within such longer
period as the fund authority may in any particular case allow, pays to that
authority an amount equal to any repaid contributions paid to him after he
last ceased to be employed in teaching service, together with any compound
interest thereon payable in accordance with paragraph (2) of this rule.
(2) For the purposes
of paragraph (1)(c) of this rule—
(a) compound interest
shall not be payable unless the period between a person's ceasing to be employed
in teaching service and entering local government employment exceeds one year;

(b) compound interest
shall be calculated on the amount of the repaid contributions at three per
cent per annum with half-yearly rests from the day one year after that on
which the person ceased to be employed in teaching service or from the day
on which repaid contributions were paid to him, whichever shall be the later,
to the day on which he notified the fund authority as required by paragraph
(1)(b) of this rule; and
(c) if the amount
of compound interest calculated as aforesaid exceeds a sum equal to one half
of the difference between the amount of the transfer value payable under rule 6 and the amount of the transfer
value which would have been so payable if calculated by reference to the person's
age on ceasing to be employed in teaching service, it shall be reduced to
that sum.
5 
This Part shall not apply to a person who—
(a) has received payment
of any pension (other than repayment of contributions) under the Teachers
Schemes, the Teachers Regulations of 1957
or the Teachers Regulations of 1969;

(b) is a person in
respect of whom a transfer value has been paid otherwise than under these
rules by the Secretary of State since he last ceased to be employed in teaching
service;
(c) last ceased to
be employed in teaching service before 4th February 1948; or
(d) last ceased to
be employed in teaching service on or after 4th February 1948 but before the
operative date, unless—
(i) he has been
employed in local government employment without a break of twelve months or
more at any one time from the date when he ceased to be employed in teaching
service until the operative date or, if he ceased to be employed in local
government employment before the operative date, until the date when he so
ceased; and
(ii) if he ceased
to be employed in local government employment before the operative date, the
Secretary of State and the local authority maintaining the fund to which he
was last a contributor agree that this Part shall apply to him.
6 

(1) In respect of
a person to whom this Part applies the Secretary of State shall, out of moneys
provided by Parliament, pay to the fund authority a transfer value of an amount
calculated in accordance with the following provisions of this rule.
(2) Subject as hereafter
in this rule provided, the transfer value shall be an amount equal to the
transfer value which would have been payable under the Transfer Value Regulations
if the person, at the date when he ceased to be employed in teaching service,
had ceased to be a contributory employee under one local authority and had
become such an employee under another local authority in the circumstances
described in section 29
of the Act of 1937 and had been entitled to reckon as contributing service
his reckonable service and his service reckonable for the purposes of Part VII of the Teachers Regulations of 1969.

(3) For the purpose
of calculating the amount of a transfer value any period of service which,
having originally been non-contributing service or non-contributing service
for the purposes of regulations made under section 67 of the National Health Service Act 1946
or section 66
of the National
Health Service (Scotland) Act 1947, became
reckonable as reckonable service by virtue of such regulations or of rules
made under section 2
of the Act shall be treated as non-contributing service.
(4) For the purposes
of paragraph (2) of this rule service which is reckoned as contributing service
shall be deemed to have been affected or modified in accordance with regulations
applicable to contributing service made under section 110 of the National Insurance Act 1965,
or under any provision corresponding thereto contained in an enactment repealed
by that Act, in like manner and to the like extent, as nearly as may be, as
it was affected or modified by other such regulations.
(5) In calculating
the amount of a transfer value there shall be excluded—
(a) any period
of war service within the meaning of the Education (Scotland) (War Service
Superannuation) Act 1939 and of national service
within the meaning of the Teachers' Pensions (National Service)
(Scotland) Rules 1952 in respect of which, at the time the transfer value
is paid, the contributions remain unpaid; and
(b) any period
of previous employment and any period additional to actual service in respect
of which the person was immediately before ceasing to be employed in teaching
service paying voluntary contributions and in respect of which, at the time
the transfer value is paid, he has not elected to continue to pay such contributions.

(6) In respect of
a person who ceased to be employed in teaching service more than one year
before the operative date the amount of the transfer value shall, except in
a case to which paragraph (7) of this rule applies, be—
(a) calculated
by reference to his age on the operative date; and
(b) where either paragraph (2) or paragraph (3) of rule 3
applies, reduced by the amount of any compound interest payable by him in
accordance with rule 4(2).

(7) In respect of
a person who became employed in local government employment on or after the
operative date and where either paragraph (2) or paragraph (3).of rule
3 applies the amount of the transfer value
shall be—
(a) calculated
by reference to his age on the date on which he became employed in local government
employment; and
(b) reduced by
the amount of any compound interest payable by him in accordance with rule 4(2).
7 

(1) Subject as hereafter
in this rule provided, so much service as is taken into account under rule 6 for the purpose of calculating
the amount of the transfer value payable in respect of a person shall be reckoned
as contributing service or as service under a local Act scheme or a period
of contribution for the purposes of such a scheme.
(2) So much service
as is taken into account as non-contributing service under rule 6 for the purpose of calculating
the amount of the transfer value payable in respect of a person shall be reckoned
as non-contributing service.
(3) Any service of
a person to whom this Part applies which under the Teachers Regulations of 1969 is
reckonable only for the purpose of calculating the amount of any pension payable
to or in respect of him or only for the purpose of determining whether he
is entitled to any pension shall be reckoned only for the corresponding like
purpose under the Acts of 1937 to 1953 or a local Act scheme.
(4) Except as in this
rule before provided, a person to whom this Part applies shall not be entitled
under section 12(2)
of the Act of 1937 or any corresponding provision of a local Act scheme to
reckon as service any local government employment prior to the date on which
he became employed in teaching service if,
(a) a transfer
value has been paid in respect of that local government employment under rule 17 or under any corresponding
provision contained in other rules made under section 2
of the Act, or
(b) a transfer
of assets in respect of his accrued pension rights has been made out of a
local authority's superannuation fund under any enactment.
8 

(1) A person to whom
this Part applies may elect to continue to pay voluntary contributions being
paid by him immediately before ceasing to be employed in teaching service.

(2) If a person elects
as aforesaid and—
(a) within three
months of becoming employed in local government employment, or within such
longer period as the fund authority may in any particular case allow, pays
to that authority a sum equal to the aggregate of any sum paid to him by way
of return of voluntary contributions on or after ceasing to be employed in
teaching service, any interest added thereto and any amount deducted therefrom
in respect of liability to income tax by reason of the payment, and
(b) thereafter
pays to that authority any amounts outstanding in respect of those voluntary
contributions at the times at which and in the manner in which they would
have been payable if he had remained in teaching service,his local government employment shall be affected in the manner
prescribed by the following provisions of this rule.
(3) In respect of
voluntary contributions made in respect of any period of previous employment
and any period additional to actual service, the person shall enjoy rights
and be subject to liabilities as if those years were added years in respect
of which payments are being made in his local government employment under regulation 12 of the Benefits
Regulations or, if in his local government employment he is subject to a local
Act scheme, under such provisions corresponding to the said regulation 12
or to regulation 5
of the Local
Government Superannuation (Reckoning of Service on Transfer) Regulations 1954

as are contained in that scheme.
(4) In respect of
voluntary contributions other than those to which paragraph (3) of this rule
applies, the person shall be treated as if those contributions had been completed
immediately before he ceased to be employed in teaching service.
9 

(1) Where a person
to whom this Part applies ceases to be employed in local government employment
or dies, then, in calculating any amount payable to or in respect of him by
way of return of contributions, the amount of this contributions in respect
of service reckonable in accordance with rule 7(1)
shall be taken to include such amount as would have been payable by way of
return of contributions under the Teachers Schemes or the Teachers Regulations of 1957 or
the Teachers Regulations of 1969
if, on his ceasing to be employed in teaching service, he had been entitled
to be repaid his contributions without interest.
(2) Where an amount
payable by way of return of contributions or by way of benefit is a sum equal
to, or which falls to be calculated by reference to, the amount of a person's
contributions with compound interest thereon, compound interest shall also
be payable in respect of the amount by which those contributions are increased
under the last preceding paragraph, calculated—
(a) as respects
the period ending immediately before the day on which he entered local government
employment, at the rate at which it would have been calculated under the Teachers
Schemes or the Teachers Regulations of 1957
or the Teachers Regulations of 1969,
as the case may be, if on ceasing to be employed in teaching service he had
been entitled to a return of contributions together with compound interest
thereon; and
(b) as respects
the period beginning with the date on which he entered local government employment,
in accordance with the provisions of section 10
of the Act of 1937 or, as the case may be, the corresponding provisions of
the relevant local Act scheme.
(3) Notwithstanding
anything in this rule previously contained, the sum by which contributions
are increased by virtue of paragraph (1) or (2) of this rule shall not include—

(a) any sum in
respect of contributions which, on or after the person's ceasing to be employed
in teaching service, were returned to and retained by him; or
(b) any amount
in respect of voluntary contributions which are not continued in pursuance
of rule 8 of these
rules.
10 
Subject to the provisions of Part III
and of other rules made under section 2
of the Act, no payment of any pension shall be made under the Teachers Regulations of 1969 to
any person or his personal representatives in respect of any service which
is taken into account in calculating the amount of a transfer value under rule 6.
11 

(1) The modifications
for which the Local Government Modification Regulations provide shall not
apply to a person to whom this Part applies if either—
(a) he ceased
to be employed in teaching service before 1st February 1969 and at the time
of so ceasing was not subject to the national insurance modifications; or

(b) he ceased
to be employed in teaching service on or after 1st February 1969 and at the
time of so ceasing was not subject to paragraph 3 of Schedule 5
to the Teachers
Regulations of 1969.
(2) Without prejudice
to the operation of the National Insurance (Modification
of Local Government Superannuation Schemes) No. 2 Regulations 1961, the modifications for which the Local
Government Modification Regulations provide shall apply to any other person
to whom this Part applies as if any service reckonable in accordance with rule 7(1) were service for the
purposes of the Acts of 1937 to 1953 or service for the purposes of a local
Act scheme, as the case may be, rendered on or after 5th July 1948.
(3) Where any pension
which might have become payable under the Teachers Schemes or the Teachers Regulations of 1957 to
a person to whom this Part applies would have been subject to the national
insurance modifications by reference to a table and his age at a given date,
the provisions of the Local Government Modification Regulations modifying
pensions in similar manner shall apply to that person and for that purpose
the relevant date shall be that which was relevant for the purposes of the
national insurance modifications of those Schemes or Regulations.
(4) Where any pension
which might have become payable under the Teachers Regulations of 1969
to a person to whom this Part applies would have been subject to modification
under Part IV of Schedule 5
to those regulations by reference to a table and his age at a given date,
the provisions of the Local Government Modification Regulations modifying
pensions in similar manner shall apply to that person and for that purpose
the relevant date shall be that which was relevant for the purposes of the
said Schedule 5.
(5) In this rule 
“the national insurance modifications” means the reduction in contributions and pensions in consequence of National
Insurance prescribed respectively in section 105(3) of the Education (Scotland) Act 1962
 and in regulations 22
and 42
of the Teachers
Regulations of 1957.
(6) Nothing in this
rule shall affect the application of regulation 18 of the National Insurance (Modification of Local Government
Superannuation Schemes) Regulations 1963 (which provides for reduction of local
government pensions in respect of certain former employments).
12 
The provisions of section 35
of the Act of 1937 (which section relates to the decision of questions and
appeals) shall have effect in relation to a person (not being a local Act
contributor), to whom this Part applies as if the reference therein to regulations
made under that Act included a reference to these rules.
13 

(1) Section 11(3) of the Act of 1953
(which subsection enables certain persons who would otherwise be debarred
on grounds of age from becoming contributory employees or local Act contributors
to become such employees or such contributors and to reckon previous pensionable
employment) shall apply to a person who before the operative date entered
the employment of a local authority after ceasing to be employed in teaching
service on or after 4th February 1948.
(2) For the purposes
of paragraph (1) of this rule section 11(3)
of the Act of 1953 shall have effect as if for the references therein to the
passing of that Act there were substituted references to the coming into operation
of these rules.
PART III
14 

(1) Except as hereinafter
provided, this Part shall apply to a person who—
(a) becomes,
or before the operative date became, employed in teaching service within the
prescribed period after ceasing to be employed in local government employment;

(b) before or
within three months after becoming employed in teaching service or within
six months after the operative date, whichever period shall last expire, or
within such longer period as the Secretary of State may with the agreement
of the fund authority in any particular case allow, notifies the Secretary
of State in writing that he desires this Part to apply to him and furnishes
the Secretary of State with particulars in writing of any national service
in which he has been engaged since ceasing to be employed in local government
employment; and
(c) within three
months after becoming employed in teaching service or within six months after
the operative date, whichever period shall last expire, or within such longer
period as the Secretary of State may in any particular case allow, pays to
the Secretary of State an amount equal to any repaid contributions paid to
him after he last ceased to be employed in local government employment, together
with any compound interest thereon payable in accordance with paragraph (2)
of this rule.
(2) For the purposes
of paragraph (1)(c) of this rule—

(a) compound
interest shall not be payable unless—
(i) the
period between the person's ceasing to be employed in local government employment
and his becoming employed in teaching service exceeds one year; and
(ii) the
fund authority requires that it be paid;
(b) compound
interest shall be calculated on the amount of the repaid contributions at
three per cent per annum with half-yearly rests from the day one year after
that on which the person ceased to be employed in local government employment
or from the day on which repaid contributions were paid to him, whichever
shall be the later, to the day on which he notified the Secretary of State
as required by paragraph (1)(b) of this
rule; and
(c) if the amount
of compound interest calculated as aforesaid exceeds a sum equal to one half
of the difference between the amount of the transfer value payable under rule 17 and the amount of the
transfer value which would have been so payable if calculated by reference
to the person's age on ceasing to be employed in local government employment,
it shall be reduced to that sum.
15 
This Part shall not apply to a person who—
(a) has received
payment of any pension (other than repayment of contributions) under the Acts
of 1937 to 1953 or a local Act scheme;
(b) is a person
in respect of whom a transfer value has been paid otherwise than under these
rules, by a fund authority since he last ceased to be employed in local government
employment;
(c) last ceased
to be employed in local government employment before 4th February 1948; or

(d) last ceased
to be employed in local government employment on or after 4th February 1948
but before the operative date, unless—
(i) he is employed
in teaching service on the operative date, or, if he is not so employed on
that date, the Secretary of State agrees that this Part shall apply to him;
and
(ii) the fund
authority agrees that this Part shall apply to him.
16 

(1) The local authority
by whom a person to whom this Part applies was last employed may, within six
months after the date on which they are notified by the Secretary of State
of such application, exercise in relation to that person any discretion which,
with a view to increasing the pension payable to him, it would have been open
to them to exercise at the time when he left their employment if he had then
retired and had been entitled to a retirement pension under regulation 5 of the Benefits Regulations
or, if that regulation was not applicable to him, to any corresponding benefit
provided under the superannuation provisions which were applicable to him
in his former employment.
(2) A decision made
in the exercise of any discretion under paragraph (1) of this rule shall be
subject to the limitations and restrictions (if any) and to the right of appeal
(if any) to which it would have been subject if the discretion had been exercised
on the person's retirement in the circumstances aforesaid.
(3) Where a discretion
has been exercised under paragraph (1) of this rule the service reckonable,
immediately before he ceased to be employed in local government employment,
by the person in whose favour the discretion has been exercised shall be deemed
to have been correspondingly increased.
(4) Any increase
in service, if attributable to a decision under this rule to increase the
pension payable to the person otherwise than by any notional increase or extension
of the service reckonable for the purpose of calculating that pension or by
treating any specified period of non-contributing service as contributing
service, or, under a local Act scheme, by similarly converting service of
one category to service of another category, shall be ascertained by converting
the service in respect of which the higher rate of benefit is payable into
contributing service or service for the purposes of the relevant local Act
scheme in the manner in which non-contributing service is converted into contributing
service under section 2(4)
of the Act of 1953.
17 

(1) In respect of
a person to whom this Part applies the fund authority shall, out of the superannuation
fund maintained by them, pay to the Secretary of State a transfer value of
an amount calculated in accordance with the following provisions of this rule.

(2) Subject as hereafter
in this rule provided, the transfer value shall be an amount equal to the
transfer value which would have been payable under the Transfer Value Regulations
if the person, at the date when he ceased to be a contributory employee or
local Act contributor, had become such an employee or contributor under another
local authority in the circumstances described in section 29
of the Act of 1937.
(3) In calculating
the amount of a transfer value—
(a) there shall
be included any increase of service of the person by reason of the exercise
under rule 16
of a discretion in his favour;
(b) there shall
be excluded any added years in respect of which the person was immediately
before ceasing to be employed in local government employment paying voluntary
contributions and in respect of which, at the time the transfer value is paid,
he has not elected to continue to pay such contributions; and
(c) the Transfer
Value Regulations shall be deemed to be modified—
(i) by the
omission from sub-paragraph (a) of the
definition of “service” in paragraph 1 of Schedule 1 thereto
of the words “not being such service as is mentioned
in proviso (a) to that subsection”
; and
(ii) by
the omission, in respect of a person who was an established officer or servant
within the meaning of the Act of 1909, of sub-paragraph (
c) of the said definition.
(4) In respect of
a person who ceased to be employed in local government employment more than
one year before the operative date the amount of the transfer value shall,
except in a case to which paragraph (5) of this rule applies, be—
(a) calculated
by reference to his age on the operative date; and
(b) where either paragraph (2) or paragraph (3) of rule 3
applies, reduced by the amount of any compound interest payable by him in
accordance with rule 14(2).

(5) In respect of
a person who became employed in teaching service on or after the operative
date and where either paragraph (2) or paragraph (3) of rule
3 applies the amount of the transfer value
shall be—
(a) calculated
by reference to his age on the date on which he became employed in teaching
service; and
(b) reduced
by the amount of any compound interest payable by him in accordance with rule 14(2).
(6) The amount of
the transfer value shall be reduced by an amount equal to any sum payable
by the fund authority by way of income tax by reason of its payment.
18 

(1) Where the amount
of a transfer value payable under rule 17
is increased by reason of the exercise under rule 16
of a discretion by a local authority, that authority shall pay the amount
of the increase to the superannuation fund out of which the transfer value
is payable.
(2) When paying
a transfer value under rule 17
a fund authority shall furnish to the Secretary of State and to the person
in respect of whom it is paid the like particulars relating to that person's
pensionable service as would have been given to him if instead of becoming
employed in teaching service he had reentered local government employment.

(3) Where—

(a) a transfer
value is payable under rule 17
by a fund authority in respect of a person who before entering local government
employment has been subject to the Act of 1909; and
(b) the body
by whom he was last employed while subject to that Act would, if he had become
entitled to a superannuation allowance on leaving local government employment,
have been liable to contribute to that allowance.that body shall pay to the fund authority a sum equal to the transfer
value which that body would have been liable to pay to the Secretary of State
for Social Services under regulation 56(4)
of the National
Health Service (Superannuation) Regulations 1950 if that regulation had become applicable
to the person on the date on which he became employed in teaching service;
and where that body would have had in respect of any such contribution a right
of contribution from any other body, that other body shall pay to the fund
authority a sum equal to the transfer value which that other body would have
been liable to pay to the Secretary of State for Social Services under paragraph (5) of the said regulation
56 if that regulation had become applicable to the person when he became employed
in teaching service.
(4) Where any body
referred to in the last preceding paragraph has been dissolved or has ceased
to exercise functions as such, references, to that body shall be construed
as references to the appropriate authority as defined in pargraph (15) of the regulation
mentioned therein.
19 

(1) Subject as hereafter
in this rule provided, in respect of a person to whom this Part applies—

(a) there shall
be reckoned as reckonable service—
(i) any
period of service which, at the time of his ceasing to be employed in local
government employment, is reckonable as contributing service or as service
or a period of contribution for the purposes of a local Act scheme;
(ii) any
period of national service after ceasing to be employed in local government
employment which would have been reckonable as aforesaid if he had again become
employed in local government employment after the termination thereof; and

(iii) 
one half of any period of service which, at the time of his ceasing to be
employed in local government employment, is reckonable as non-contributing
service; and
(b) there shall
be reckoned as class C external service for the purposes of the Teachers Regulations of 1969 any
period of service which, at the time of his ceasing to be employed in local
government employment, is reckonable as non-contributing service, except in
so far as that service is reckoned under this rule or those regulations as
reckonable service or as class A or class B external service for the purposes
of those regulations.
(2) Where a person
to whom this Part applies has, during his local government employment, been
employed as a part-time employee, the period of his part-time service shall
be treated—
(a) for the
purpose of determining whether he has served for any minimum period prescribed
by the Teachers Regulations of 1969
as necessary for any pension to be paid to or in respect of him as if it were
whole-time service; and
(b) for the
purpose of calculating the amount of any pension payable under the Teachers Regulations of 1969,
as if it were whole-time service for a proportionately reduced period.
(3) Where by virtue
of a scheme modifying the Act of 1937 any period of service of a person to
whom this Part applies is reckoned at a fraction of its actual length for
the purpose of calculating the amount of the transfer value payable under rule 17, then, for the purpose
of calculating the amount of any pension payable to or in respect of him under
the Teachers Regulations, only that fraction of that period of service shall
be reckoned as reckonable service.
(4) In respect of
a person to whom this Part applies there shall not by virtue of this Part
be reckoned as reckonable service—
(a) any service
which he is or was entitled to reckon as contributing or non-contributing
service by virtue of section 17
of the Act of 1937 or the corresponding provisions of a local Act scheme if
that service is reckonable service under the Teachers' Superannuation Regulations 1967; or
(b) any service
which in his case is deemed to be service to which the said section 17 applies
by virtue of the Local Government Superannuation
(England and Scotland) Regulations 1948, if that service is
reckonable as reckonable service otherwise than by virtue of these rules;
or
(c) any service
which is the subject of a direction under section 17(3)
of the Act of 1953 that all rights enjoyed by or in respect of the person
with respect to that service shall be forfeited.
(5) The whole of
any period of service to which paragraph (1) of this rule applies shall, for
the purpose of calculating under section 4(3)
of the Teachers
Superannuation (Scotland) Act 1968 the average
salary of a person to whom this Part applies, be reckoned as a period of employment
in reckonable service and his salary during any period so reckoned shall be
such amount as would under the Benefits Regulations be taken into account
for the purpose of determining the annual average of his remuneration during
that period.
(6) Notwithstanding
anything in this rule before contained, any service of a person to whom this
Part applies which under the Acts of 1937 to 1953 or a local Act scheme was
at the time he ceased to be employed in local government employment reckonable
only for the purpose of calculating the amount of any pension payable to or
in respect of him or only for the purpose of determining whether he was entitled
to any pension shall be reckoned only for the corresponding like purpose under
the Teachers Regulations of 1969.
20 

(1) A person to
whom this Part applies may elect to continue to pay voluntary contributions
of any category being paid by him immediately before ceasing to be employed
in local government employment.
(2) If a person
elects as aforesaid and—
(a) within three
months of becoming employed in teaching service, or within such longer period
as the Secretary of State may in any particular case allow, pays to the Secretary
of State a sum equal to the aggregate of any sum paid to him on or after ceasing
to be employed in local government employment by way of return of voluntary
contributions of any category he has elected to continue to pay, any interest
added thereto and any amount deducted therefrom in respect of liability to
income tax arising by reason of the payment, and
(b) thereafter
pays to the Secretary of State any amounts outstanding in respect of voluntary
contributions of any category he has elected to continue to pay at the times
at which they would have been payable if he remained in local government employment,
his teaching service shall be affected in the manner prescribed
by the following provisions of this rule.
(3) In respect of
voluntary contributions paid in respect of added years, those years shall
be reckoned as reckonable service.
(4) In respect of
voluntary contributions paid otherwise than in respect of added years, the
service in respect of which they are are paid shall be reckoned for the purposes
of the Teachers Regulations of 1969
in the manner in which it would under rule 19
have been so reckoned if the payment of the contributions had been completed
immediately before the person ceased to be employed in local government employment.

(5) The provisions
of paragraphs (5)(b), (6), (7) and (10) of regulation 31
and of regulation
37 of the Teachers Regulations of 1969 shall
apply to voluntary contributions payable under this rule as if they were additional
contributions payable in respect of previous employment within the meaning
of those regulations.
(6) If a person
does not elect as aforesaid or if voluntary contributions are repaid to him
under regulation 37
of the Teachers
Regulations of 1969, as applied by this rule,
the period in respect of which such contributions were paid shall be reckoned
for the purposes of the Teachers Regulations of 1969
only to the extent, if any, to which it would have been so reckoned if no
such payments or contributions had been made in respect thereof.
21 
For the purposes of regulation 40(1)(a)(ii)
of the Teachers
Regulations of 1969 the date on which a person
to whom this Part applies entered local government employment shall be deemed
to be a date on which he became employed in teaching service.
22 

(1) Where a person
to whom this Part applies ceases to be employed in teaching service or dies,
then, in computing the sum to which he or his personal representatives shall
be entitled under the Teachers Regulations of 1969,
there shall be included a sum in respect of contributions paid by him in respect
of service which by virtue of these rules is reckoned as reckonable service
and, in the case of a person who has elected in pursuance of rule 20 to continue paying voluntary
contributions, in respect also of voluntary contributions paid by him before
becoming employed in teaching service which have either not been returned
to him or, if returned, have been paid to the Secretary of State under rule 20 and have not subsequently
been again returned.
(2) In computing
the amount of the sum so included for the purposes of this rule compound interest
shall be calculated—
(a) as respects
the period ending immediately before the date on which the person became employed
in teaching service, in the manner in which such interest, if any, would have
been calculated if the occasion for making the calculation had occurred immediately
before that date; and
(b) as respects
the period beginning with that date, in accordance with the provisions of Part IV of the Teachers Regulations of 1969.

23 
Subject as in Part II
provided, no payment of any pension shall be made under the Acts of 1937 to
1953, the Benefits Regulations or a local Act scheme to or in respect of any
person in respect of any local government employment which is reckoned as
reckonable service under this Part.
24 

(1) In relation
to a person to whom this Part applies—
(a) the following
paragraphs of Schedule 5
to the Teachers
Regulations of 1969, that is to say—

 paragraph 3
(which provides for the reduction of contributions).
 paragraph 5
(which provides for the reduction of pensions by fixed annual amounts specified
therein), and
 paragraph 6
(which provides for the reduction of pensions by annual amounts ascertained
by reference to a table and age at a given date)shall not apply if, on the date on which he ceased to be employed
in local government employment, the contributions payable by him as a contributory
employee or local Act contributor were not subject to reduction by virtue
of the Local Government Modification Regulations;
(b) paragraphs 3 and 5 of the said
Schedule 5 shall apply if any pension payable to him under the Acts of 1937
to 1953 or a local Act scheme would, apart from the National Insurance (Modification of Local Government Superannuation
Schemes) No. 2 Regulations 1961, have been
subject to reduction by virtue of paragraph 3(3) of Schedule 3
to the Benefits Regulations; and
(c) paragraphs 3 and 6 of the said
Schedule 5 shall apply if any pension payable to him under the Acts of 1937
to 1953 or a local Act scheme would, apart from the National Insurance (Modification of Local Government Superannuation
Schemes) No. 2 Regulations 1961, have been
subject to reduction by virtue of paragraph 2(2) of Schedule 3
to the Benefits Regulations.
(2) Where, by virtue
of paragraph (1)(c) of this rule, paragraph 6 of Schedule 5 to the Teachers Regulations of 1969
applies to a person the date of modification for the purposes of the latter
paragraph shall be the date which was in relation to him the material date
for the purposes of Schedule 3
to the Benefits Regulations.
Given under the seal of the Secretary of State for Scotland on
30th May 1969.
William Ross
Secretary of State for Scotland
Given under the Official Seal of the Minister of Housing and
Local Government on 3rd June 1969.
Anthony Greenwood
Minister of Housing and Local Government
Consent of the Minister for the Civil Service given under his
Official Seal on 4th June 1969.
J. E. Herbecq
Authorised by the Minister for the Civil Service
