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SECTION 13: INTERPRETATION
  

13.01

In the Scheme the following expressions bear the following meanings except where the context otherwise requires:

"accrued rights" has the same meaning as in the Social Security Pensions Act 1975, as amended;

"Actuary" means a Fellow of the Institute of Actuaries, or of the Faculty of Actuaries in Scotland, or a firm of such Actuaries for the time being appointed by the Authority to perform actuarial duties required by the Scheme;

"added years" means such years counting for reckonable service (and, except for those granted under Former Rule 4, for qualifying service) as may be allowed under Rules 3.16 to 3.29 or have been granted under Former Rule 4;

"Authority" means the United Kingdom Atomic Energy Authority;

"back service credit" means such years counting as qualifying service (and, subject to Rule 3.06 (a)(iv), reckonable service), not being years in service, as may be granted under Rule 4.30, 9.10 or 9.16;

"basic social security pension" means a pension paid under Part II of the Social Security Pensions Act 1975, as amended at a rate based on the basic component only of such a pension;

"cessation of employment" means termination of a contract of employment;

“civil partner” ” is a person who has entered into a civil partnership in accordance with the Civil Partnership Act 2004.

“civil partnership” is a relationship between two people of the same sex (“civil partners”) which is formed when they register as civil partners in accordance with the Civil Partnership Act 2004.

"compound interest" in respect of any sum means compound interest calculated at such a rate as may be specified in the Rules with yearly rests from the 1 April following either the date when the sum in question was paid, or the commencement of the period in respect of which it was, or would have been payable, or otherwise as specified in the Rules, as the case may require;

"continuing annual payment" has the meaning assigned to it in Rules 8.06 of Appendix 8, in the case of a former non industrial scheme member, and 8.16 of Appendix 8;

"continuous employment" means employment under a single contract of employment, whether or not the terms of the contract are varied from time to time;

"contracted-out employment" has the same meaning as in the Social Security Pensions Act 1975, as amended;

"contracted-out money purchase scheme" is a money purchase contracted-out scheme as defined in Section 66(1) of the Social Security Pensions Act 1975, as amended;

"Contributions Equivalent Premium" means a premium under Section 42 of the Social Security Pensions Act, 1975, as amended;

"Designated BNFL Company” has the meaning assigned to it in Rule 1.01

"eligible child" has the meaning assigned in Rules 6.22 to 6.24;

"eligible widow" has the meaning assigned to it in Rule 6.02;

"employee" means a person engaged in employment in the service of an employer;

"employer" means any of the following in respect of membership of either the Principal Non Industrial Superannuation Scheme or the Industrial Superannuation Scheme of the UKAEA before 1 July 1997:
  
    (i) the United Kingdom Atomic Energy Authority
    (ii) the Research Councils;
  
    (iii)

any department of the Civil Service in the capacity of an employer of a non-industrial civil servant who is a member of the Scheme by virtue of Section 2(3) of the Atomic Energy Authority (Weapons Group) Act 1973, as described in Rule 1.06;
  
   

(iv)

the National Radiological Protection Board;
  
   

(v)

British Nuclear Fuels Limited, unless and until the Secretary of State acts to the contrary under Section 20(4) of the Atomic Energy Authority Act 1971;
  
    (vi) Amersham plc in the capacity of employer of any person who was in continuous employment since 4 January 1982; (v) the Civil Nuclear Police Authority under the terms of paragraph 7 (1) of Schedule 10 of the Energy Act 2004.
  
    (vii) AEA Technology plc under the terms of paragraph 2 of schedule 4 of the Atomic Energy Act 1995
  
  "employer" means any of the following in respect of membership of the Combined Pension Scheme of the UKAEA on or after 1 July 1997:
  
    (i) the United Kingdom Atomic Energy Authority
  
    (ii) the National Radiological Protection Board (until 1 April 2005);
  
    (iii) British Nuclear Fuels plc (renamed “British Nuclear Group Sellafield Limited” with effect from 1 April 2005”) by virtue of section 20(1) and (3) of the Atomic Energy Authority Act 1971 ;
  
    (iv) Amersham plc in the capacity of employer of any person (being a person employed in an industrial capacity) who was in continuous employment since 4 January 1982;
  
    (v) the Civil Nuclear Police Authority under the terms of paragraph 7 (1) of Schedule 10 of the Energy Act 2004.
  
    (vi) any Designated BNFL Company under the terms of Part 5 of Schedule 8 of the Energy Act 2004;
  
    (vii) the Health Protection Agency in respect of such of it’s employees as it may determine under paragraph 18 of Schedule 1 to the Health Protection Agency Act 2004;
 

 

"employment" means employment in the service of an employer;

"Fixed Rate" (in the context of revaluation of guaranteed minimum pensions) means a fixed rate determined in accordance with the provisions of the Social Security Pensions Act 1975, as amended, and of any relevant regulations made thereunder;

"guaranteed minimum" and "guaranteed minimum pension" have the same meanings respectively as in the Social Security Pensions Act 1975, as amended;

"Medical Adviser of the Scheme" means any duly registered medical practitioner nominated by the Authority for the purposes of the Scheme;

"mobile" and "non-mobile" have the meanings assigned to them in Rule 8.02;

"Occupational pension scheme" has the same meaning as is set out in Section 66(1) of the Social Security Pensions Act 1975, as amended;

"part-time employee" means any employee whose contract of employment provides for his normal hours of work to be less than the conditioned hours of his grade (that is to say, less than the minimum hours required of a full-time employee in that grade); and "part-time hours", in relation to that employee, means the said normal hours so provided;

"part-time service" means service by a part-time employee;

"pension" means an annual pension accruing from day to day and payable monthly in arrear;

"pensionable earnings" has the meaning assigned to it in Rule 2.13;

"pensionable service" means employment while in membership of the Scheme;

"pensionable final earnings" has the meaning assigned to it in Rule 4.05;

“pensions earnings cap”: prior to 6 April 2006, has the meaning defined under the Finance Act 1989 as amended. From 6 April 2006 the pensions earnings cap will be as announced from time to time by HM Treasury as being the maximum amount of pensionable earnings on which contributions can be deducted and benefits calculated under this scheme

"personal pension scheme" has the same meaning as is set out in Section 84(1) of the Social Security Act 1986(C50);

"premature retirement" means cessation of employment before retirement age except where the employment is terminated by the employer on medical or security grounds, or occurs by reason of the employee’s resignation or death;

"qualifying service" has the meaning assigned to it in Rule 3.01;

"re-employment" means employment under a fresh contract of employment;

"reckonable service" has the meaning assigned to it in Rule 3.06;

"resignation" means cessation of employment before retiring age by the member’s own volition;

"retirement" means cessation of employment in any of the circumstances referred to in Rules 4.03, 4.04, 5.01 and 5.03;

"retirement age" has the meaning assigned to it in Rule 4.01;

"retirement on medical grounds" means retirement on the grounds that the member is prevented by ill health from discharging his duties, and that his ill health is likely to be permanent;

"retiring age" has the meaning assigned to it in Rule 4.02;

"return of basic contributions" has the meaning assigned to it in Rule 5.15;

"Research Councils" means the Science and Engineering Research Council the activities of which were taken over with effect from 1 April 1994 by either the Particle Physics and Astronomy Research Council or the Engineering and Physical Sciences Research Council or with effect from 1 April 1995, the Council for the Central Laboratory of the Research Councils.

"service" means service as an employee;

"superannuable employment" means employment, or the tenure of an office, in respect of which superannuation allowances are payable in pursuance of any public general Act of Parliament;

"transfer premium" has the same meaning as in the Social Security Pensions Act 1975, as amended;

"widow’s guaranteed minimum" and "widow’s guaranteed minimum pension" have the same meanings respectively as in the Social Security Pensions Act 1975;

"Widower’s guaranteed minimum" and "widower’s guaranteed minimum pension" have the same meaning respectively as in the Social Security Pensions Act 1975, as amended.
  

13.02 Except where the context otherwise requires:
  
  (a) words in the masculine gender include the feminine;
  
  (b) in the construction of references to the age of a person, he shall be deemed to have attained that age if he survives until the beginning of the day which is the anniversary of his birth on which he has lived for the number of years specified; and
  
  (c) in the construction of references to the death of a member in service, the death shall be deemed to have been "in service" if it occurs during the period of the member’s employment or during absence counting as qualifying service in accordance with Rule 3.09.
  
13.03 The headings and side headings of the Rules shall not affect the interpretation thereof.
  
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