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SECTION 9: CALCULATION OF TRANSFER VALUES
  

Part 5: Miscellaneous

Group transfers
  

9.29 (1) For groups of persons who transfer to this Scheme, if there are special circumstances which, in the opinion of the Authority, justify exceptional treatment, the Authority may apply these Rules with necessary modifications. For groups of persons who are transferred out of employment together with their work there may be paid in respect of each such person to another occupational pension scheme or a contracted-out money purchase scheme a transfer value of an amount to be determined by the Actuary instead of one calculated either by reference to the transfer value tables referred to in Rule 9.05 or by reference to the transfer value tables set out in the Annex to Appendix 4, except that a transfer value so determined may not be paid in respect of a person who has not consented to the transfer of his accrued benefits under this Scheme.
  
  (2) (a) For the purposes of this Rule, a seconded employee is a member who takes up a post with another employer for a limited period not exceeding 3 years, or 5 years if the initial period is extended, and whose salary, including superannuation contributions and employer’s national insurance contributions, is paid during the period of secondment by the borrowing employer.
  
    (b) The transfer value payable under this Rule will be a transfer value equal to the amount of the cash equivalent of the seconded employee’s accrued pension benefits at the date when his period of secondment commences, such cash equivalent to be calculated in accordance with Rule 9.05.
  
    (c) Subject to Rule 9.30, the seconded employee may with consent of the Authority, require the Authority to apply the transfer value for acquiring transfer credits in a contracted-out occupational pension scheme, which is able and willing to accept him and which satisfies prescribed requirements (as determined in accordance with the Social Security Pensions Act 1975, as amended, and Regulations made under it), provided that the seconded employee agrees in writing that, at the end of the period of secondment he shall take such steps, as the Authority may require him to take to bring in a transfer value in accordance with Rule (e) below.
  
    (d) No application for a transfer value under this Rule will be accepted unless the seconded employee makes an application in writing before the date when his period of secondment commences. Rules 9.16 (treatment of added years), 9.06 (minimum transfer payment), 9.08 (uprating in event of delayed payment), 9.10 and 9.14(1) (options in respect of voluntary contributions), and 9.11(1) widow(er)’s pensions contributions) shall apply to a transfer value made under this Rule as they apply to a transfer under Part 1. The Authority shall, if appropriate, determine whether and how any other Rules under Part 1 might apply.
  
   

(e)

 At the end of the period of secondment, the seconded employee shall bring in a transfer value from the borrowing employer’s pension scheme in respect of all of his accrued pension benefits at the final date of the period of secondment. His reckonable service credit will be calculated in accordance with Rule 9.18(3), Rules 9.19 (application of transfer value tables), 9.20 (date of calculation) and 9.22 (ending of modification) shall apply to an incoming transfer under this Part as they apply to a transfer under Part 2. The Authority shall, if appropriate, determine whether and how any other Rules under Part 2 might apply.
  

Agreements relating to transfers
   

9.30 The Authority may apply the Rules of this Section with any necessary modifications in order to comply with the terms of any transfer arrangements concluded with the Communities Pension Scheme of the Institutions of the European Communities or an overseas pension scheme.
  
Transfers between this Scheme and other Authority Schemes
  
9.31 Where on or before 30 June 1997, a person ceased to be a member of the of the Principal Non Industrial Superannuation Scheme on becoming a member of the Authority’s Industrial Superannuation Scheme or ceased to be a member of that Scheme or the Authority’s Protected Persons Superannuation Scheme on becoming a member of the Industrial Superannuation Scheme, a transfer value may be paid or accepted by this Scheme (as the case may be) in accordance with this Section; provided that (notwithstanding Rule 9), a member for whom such a transfer value is accepted by this Scheme shall be credited with reckonable and qualifying service respectively equal to his reckonable and qualifying service in the Industrial Superannuation Scheme or the Protected Persons Superannuation Scheme. In such a case, the Authority may apply the Rules with such modifications as regards re-employment or otherwise as they deem appropriate.
  
Meaning of expressions used in this Section
  
9.32 Except where otherwise provided:
  
  (i) "the relevant date" means the date on which pensionable service ends or the date on which the transfer value application is made, whichever is the later;
  
  (ii) the term "transfer credits" has the same meaning as in the Social Security Pensions Act 1975;
  
  (iii) a "qualifying transfer" means a transfer of the whole sum (except in so far as an option may be exercised under Rule 9.10 or 9.14) representing a person’s accrued pension benefits from an occupational pension scheme approved by the Treasury for the purposes of the public sector transfer arrangements to another pension scheme so approved;
 
  (iv) without prejudice to the relevance of any other Rules contained this Scheme, the term "the public sector transfer arrangements" means the arrangements from time to time specifically applicable (whether by virtue of the Rules contained in this Scheme or otherwise) to a qualifying transfer.
  
  (v) the term "self-employed pension arrangement" means a personal pension scheme within the meaning of Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988 which is approved by the HM Revenue and Customs under that Chapter, but which is neither a personal pension scheme within the meaning of the Social Security Act 1986 nor a contract nor a scheme approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988.
  
9.33 (i) Without prejudice to the provisions of Rule 9.23(ii) if, on or before 5 April 1988, an offer has been made in writing to deal with an incoming qualifying transfer in accordance with Appendix 4 but the payment in respect of the transfer is received after that date, the transfer may be dealt with in accordance with Appendix 4 provided that the member and the Authority so agree.
  
  (ii) Without prejudice to the provisions of Rule 9.28(iii) if, on or before 5 April 1988, a request in writing is received requiring a transfer value to be paid under, and in accordance with, the Rules set out in Appendix 4 to an occupational pension scheme approved by the Treasury for the purposes of the public sector transfer arrangements but the payment in respect of the transfer is paid after that date, the transfer may be dealt with in accordance with Appendix 4 provided that the member and the Authority so agree.
  
Discharge of liability to provide benefits
  
9.34 (i) Without prejudice to the effect of paragraph 16 of Schedule 1A to the Social Security Pensions Act 1975, where a cash equivalent transfer value is paid in accordance with Part 1 of this Section on or after 1 January 1986 this Scheme will be discharged from any obligation to provide any benefits to which the cash equivalent relates.
  
  (ii) Where a transfer value is paid in accordance with Part 3 or Part 4 of this Section, this Scheme will be discharged from any obligation to provide any benefits to which the transfer value relates.
  
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