The British Transport Commission (Male Wages Grades Pensions) Regulations 1954

• Citation: S.I. 1954/898
• Sections: 53

Section 1

(1) These Regulations shall come into operation on the eighth day of July, 1954, and may be cited as the British Transport Commission (Male Wages Grades Pensions) Regulations, 1954.

(2) In these Regulations, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—

“ the Act ” means the Transport Act, 1947 :

“ the Commission ” means the British Transport Commission :

“ the Minister ” means the Minister of Transport and Civil Aviation .

(3) The Interpretation Act, 1889, shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.

Section 2

(1) There shall be established by the Commission as on the 1st day of October, 1954, a pension scheme, to be known as the British Transport Commission (Male Wages Grades) Pension Scheme, for male employees in whole time employment in the wages grades.

(2) The said Scheme shall be in accordance with the Rules set out in the Schedule to these Regulations and shall be administered as provided for in those Rules.

Section 3

The Rules of the Scheme as so established in so far as they provide for—

(a) male employees in the wages grades becoming members of any section of the Scheme compulsorily; or

(b) any contribution due from a member being deducted from that member's wages or remuneration,

shall be lawful and have effect notwithstanding anything in any enactment.

Section 4

The Rules of the Scheme as so established shall not be amended or added to otherwise than by Regulations made by the Minister under Section 98 of the Act.

Section 1

In these Rules the following expressions have the meanings hereby respectively assigned to them unless there be something in the subject or the context repugnant to such construction, that is to say:—

“ the Actuary ” means the Actuary, being a Fellow of the Institute of Actuaries or of the Faculty of Actuaries in Scotland, from time to time appointed by the Commission :

“ the Central Committee ” means the Central Committee from time to time appointed under these Rules :

“ the Commission ” means the British Transport Commission :

“ compound interest ” means compound interest with yearly rests :

“ existing employee ” means a male employee in the service on the 1st day of October, 1954, and shall include a male employee in the service prior to that date who has before that date been transferred to a salaried grade but who is not eligible for admission to a salaried staff superannuation fund :

“ minimum pensionable age ” means 65 years :

“ the Minister ” means the Minister of Transport and Civil Aviation :

“ National Service ” means service, other than war service,—

in the armed forces of the Crown undertaken by virtue of an enlistment notice or a training notice served under the National Service Acts, 1939 to 1947, or the National Service Acts, 1948 to 1950; or

by way of work or training in pursuance of an Order of a tribunal under section five of the National Service (Armed Forces) Act, 1939, or in pursuance of an Order made or direction given under Part I of the National Service Act, 1948;

but does not include any voluntary extension of national service otherwise than with the consent of the Commission :

“ pension ” means an annuity payable on ill-health retirement or on age retirement :

“ scheduled grade ” means any one of the grades specified in the First Schedule to these Rules :

“ the service ” means whole time employment with the Commission in a male wages grade other than employment—

of a casual or seasonal nature;

for a specific purpose for a limited period; or

in the Commission's existing road haulage undertaking as defined in section one of the Transport Act, 1953:

“ War Service ” means —

service in any of Her Majesty's forces;

any employment in the merchant navy or fishing fleets;

any full-time employment in the Civil Defence Services (including the National Fire Service), the Royal Observer Corps, the Police War Reserve and the Nursing and First Aid Services;

any full-time employment into which the employee entered by direction of the Minister of Labour and National Service;

detention by the enemy as a prisoner, military or civil, in any enemy or enemy-occupied country, or internment in any enemy or enemy-occupied or neutral country in consequence of the war;

such service, employment, detention or internment being on or after the twenty-sixth day of May, 1939, and before the third day of September, 1939, or in connection with the war which commenced on the third day of September, 1939, but not including any voluntary extension of war service or voluntary enlistment after the cessation of hostilities otherwise than with the consent of the person in whose service the employee was at the date of the consent .

Section 2

The Scheme shall consist of two sections hereinafter referred to as Section A and Section B.

Section 3

The head office for the administration of the Scheme shall be at 222, Marylebone Road, in the Borough of St. Marylebone in the County of London, or such other place as the Commission shall from time to time determine.

Section 4 Optional Membership—Section A. Compulsory Membership—Section A

(a) Every existing employee shall have an option to join Section A provided that at the time the option is exercised he has attained the age of 21 years, has completed 12 months' continuous employment and can by minimum pensionable age complete 20 years' continuous employment with the Commission and their predecessors (including War Service or National Service following upon any such employment) unbroken by resignation or dismissal. Any break in employment by reason of dismissal due to recognised redundancy for a period not exceeding 2 years or such longer period as the Central Committee may allow shall count as employment.

(b) Every male person appointed to the service after the 1st day of October, 1954, shall become a member of Section A upon attaining the age of 21 years or the completion of 12 months' continuous employment, whichever be the later, provided that he has not at the time when he is appointed to the service passed his 45th birthday.

Section 5 Optional Membership—Section B. Compulsory Membership—Section B

(a) Every existing employee admitted to membership of Section A who at the 1st day of October, 1954, has been appointed (except in a temporary capacity) to a scheduled grade and has satisfied any qualifications specified for that grade in the First Schedule to these Rules, or who at that date is employed in a salaried grade, shall have an option to join Section B provided that he has not at the 1st day of October, 1954, passed his 64th birthday.

(b) Every existing employee admitted to membership of Section A who at the 1st day of October, 1954, has been appointed (except in a temporary capacity) to a scheduled grade and has not at that time satisfied any qualifications specified for that grade in the First Schedule to these Rules, shall, on satisfying such qualifications, become a member of Section B provided that he has not passed his 64th birthday.

(c) Every male person admitted to membership of Section A who after the 1st day of October, 1954, becomes appointed (except in a temporary capacity) to a scheduled grade and satisfies any qualifications specified for that grade in the First Schedule to these Rules, shall thereupon become a member of Section B provided that he has not passed his 64th birthday.

Section 6 Options

An option exercisable under Rule 4 (a) or 5 (a) shall be exercised within six months of the 1st day of October, 1954, or within six months of the existing employee becoming eligible for membership, whichever is the later, except that the Central Committee may at their discretion extend the period of option.

Section 7 Duration of Membership

(a) Membership shall commence from the beginning of the pay week in respect of which the first contribution is made:

provided that an existing employee eligible to join the Scheme under Rule 4 (a) at the 1st day of October, 1954, shall have an option to commence membership from that date; provided also that where an option is exercised under Rule 5 (a) membership of Section B shall be concurrent with membership of Section A.

(b) Subject to the provisions of these Rules, membership shall continue so long as the member remains in the employment of the Commission.

Section 8 Back Service Credit

Every person admitted to membership of Section A under Rule 4 (a) who has attained the age of 52 years by the 1st day of October, 1954, shall be credited with years of deemed membership calculated in accordance with Table I of these Rules according to his age at that date.

Section 9 Transfer from a Scheduled Grade

(a) Any member of Section B who is transferred to a wages grade not being a scheduled grade may, with the consent of the Central Committee, have at the date of such transfer an option to continue to pay contributions to Section B at the rate at which he was paying prior to being so transferred, thereupon continuing contributory membership for the purpose of calculating benefits.

(b) Where no option is given under ( a ) above or where an option is given but the member does not exercise it, he shall discontinue paying contributions to Section B whereupon his entitlement to benefit according to Table V will be limited to that in respect of the completed years for which he has contributed to Section B.

(c) Where a member has discontinued paying contributions to Section B under ( b ) above and is again appointed (except in a temporary capacity) to a scheduled grade, he shall thereupon pay contributions to Section B on the scale set out in Table III according to his age at the date upon which he again becomes so appointed and renew contributory membership from that date for the purpose of calculating benefits.

Section 10 Section A

Every member of Section A shall from the date on which membership commences pay to the Commission, except as provided by Rule 12, weekly contributions on the scale set out in Table II according to his age at the date of admission to Section A until minimum pensionable age or until his membership ceases, whichever first occurs.

Section 11 Section B

Every member of Section B shall from the date on which membership commences pay to the Commission, except as provided by Rule 12 and subject to the provision of Rule 9, weekly contributions on the scale set out in Table III according to his age at the date of admission to Section B until minimum pensionable age or until his membership ceases, whichever first occurs.

Section 12 Payment of Contributions

(a) Members' contributions shall normally be deducted weekly through the paybills and where, save as provided in Rule 25 (National Service) and subsection ( b ) of this Rule, contributions due are not so deducted they shall be paid by the member in such manner as the Central Committee shall determine.

(b) Where a member is absent by reason of sickness, duly certified in accordance with the Commission's normal requirements, for a period of one or more complete paybill weeks his contributions for each complete paybill week during that period shall be excused but, for the purposes of reckoning the period of qualification for benefit and for reckoning the period of contributory membership in the calculation of benefit under these Rules, contributions so excused shall be treated as though they had been paid.

Section 13

Benefits shall consist of age retirement pensions, ill-health retirement pensions and benefits and death benefits as hereinafter provided, and shall be paid by the Commission. One half of such benefits in so far as they are attributable to contributory membership shall be deemed to be purchased by the member's contributions. The remainder of such benefits shall be deemed to be provided by the Commission.

Section 14 Age Retirement Pension—Section A

(a) Where a member of Section A retires at or after minimum pensionable age, he shall receive the pension set out in Table IV according to the number of his completed years of contributory membership and to the number (if any) of completed years by which retirement is deferred.

(b) Where a member of Section A to whom Rule 8 applies retires at or after minimum pensionable age, he shall receive (in addition to any pension to which he may be entitled under subsection ( a ) of this Rule) the pension as set out in Table I according to the number of his years of deemed membership and to the number (if any) of completed years by which retirement is deferred.

Section 15 Age Retirement Pension—Section B

Where a member of Section B having been a member of Section A for ten years or more including years of deemed membership (if any) retires at or after minimum pensionable age he shall receive the pension set out in Table V according to the number of his completed years of contributory membership of Section B and to the number (if any) of completed years by which retirement is deferred.

Section 16 Ill-health Retirement Benefit—Section A

(a) Where a member of Section A, before completing ten years of membership including years of deemed membership (if any) and before attaining minimum pensionable age, becomes incapacitated by accident or mental or physical infirmity not resulting from his own misconduct, he shall on such incapacity being certified by a Medical Officer appointed by the Commission be entitled to receive on retirement an amount equal to the contributions he has paid together with compound interest thereon at the rate of 3½ per cent. per annum less a sum equivalent to the income tax properly chargeable thereon.

(b) Where a member of Section A, having been a member for ten years or more including years of deemed membership (if any), before minimum pensionable age becomes incapacitated by accident or mental or physical infirmity not resulting from his own misconduct, he shall on such incapacity being certified by a Medical Officer appointed by the Commission be entitled to receive on retirement—

(i) an ill-health retirement pension according to the number of his completed years of contributory membership up to the date of such retirement as set out in Table IV, and

(ii) an ill-health retirement pension according to the number of his years of deemed membership (if any) as set out in Table I.

Section 17 Ill-health Retirement Benefit—Section B

(a) Where a member of Section B, before completing ten years of membership of Section A including years of deemed membership (if any) and before attaining minimum pensionable age, becomes incapacitated by accident or mental or physical infirmity not resulting from his own misconduct, he shall on such incapacity being certified by a Medical Officer appointed by the Commission be entitled to receive on retirement an amount equal to the contributions he has paid together with compound interest thereon at the rate of 3½ per cent. per annum less a sum equivalent to the income tax properly chargeable thereon.

(b) Where a member of Section B, having been a member of Section A for ten years or more including years of deemed membership (if any), before minimum pensionable age becomes incapacitated by accident or mental or physical infirmity not resulting from his own misconduct, he shall on such incapacity being certified by a Medical Officer appointed by the Commission be entitled to receive on retirement an ill-health retirement pension according to the number of his completed years of contributory membership of Section B up to the date of such retirement as set out in Table V.

Section 18 Death Benefit

(a) Where a member dies whilst in the employment of the Commission there shall be paid to his legal personal representatives either—

(i) the death benefit set out in Table VI according to the number of his completed years of contributory membership of Section A plus the death benefit set out in the said Table according to the number (if any) of his completed years of contributory membership of Section B, or

(ii) an amount equal to the contributions he has paid,

whichever is the greater.

(b) Where a person in receipt of a pension under these Rules dies there shall be paid to his legal personal representatives the benefit which would have been payable had he died on the day preceding retirement reduced by the total amount of any pension received.

Section 19 Payment on Withdrawal

(a)

(i) Subject to the provisions of Rules 27 and 28, where a member is dismissed or ceases to be employed of his own accord not having become entitled to receive benefits under these Rules, there shall be paid to him an amount equal to the sum of the contributions he has paid less a sum equivalent to the income tax properly chargeable thereon;

provided that if the member ceases to be employed in consequence of dishonesty or fraud the Commission shall have a lien upon the amount payable to him for any sum which may be due from him.

(ii) In special circumstances at the discretion of the Central Committee there may be paid, in addition to the amount equal to the contributions the member has paid, compound interest thereon at the rate of 3½ per cent. per annum less a sum equivalent to the income tax properly chargeable thereon.

(b) The sums payable to the member under subsection ( a ) of this Rule shall not become due for payment until the expiry of a period of three months from the date on which his membership ceased, except that the Central Committee at their discretion may make payment before the expiry of that period.

Section 20 Payment of Pensions

Pensions payable under these Rules shall be paid four-weekly; the first payment shall consist of the pension in respect of the period from the date of retirement to the end of the second week following the date of payment and the second and subsequent payments shall be in respect of the two weeks ending at the date of payment and the two weeks following that date. On the death of any person in receipt of a pension no sums shall be repayable in respect of any pension paid on or before the date of death and from that date no further sums shall be payable by way of pension.

Section 21 Pensions not assignable

No person in receipt of a pension and no member shall assign or charge or alienate any pension payable or to become payable to him under these Rules or any part thereof.

Section 22 Persons in receipt of an ill-health retirement pension

Any person who is in receipt of an ill-health retirement pension in accordance with Rule 16 or Rule 17 may be required by the Central Committee at any time while he is under minimum pensionable age to produce evidence of continuing incapacity and if before attaining minimum pensionable age he shall earn or be in the opinion of the Central Committee capable of earning an income the Central Committee may at their absolute discretion reduce or vary or suspend his pension until he shall attain minimum pensionable age. Any such person who re-enters the service may resume membership on such terms and conditions in relation to his total period of contributory membership as the Central Committee may determine after reference to the Actuary.

Section 23 Payment of Benefits on Death

On the death of a member, or person in receipt of a pension, any sum expressed to be payable under these Rules shall be paid on production of Probate, Letters of Administration or Confirmation or such other evidence as the Central Committee may in their absolute discretion require, to his legal personal representatives.

Section 24 Incapacity of Beneficiary

If any person entitled to benefit under these Rules is in the opinion of the Central Committee unable by reason of mental or physical incapacity to manage his affairs, any sum to which such person is entitled under these Rules shall be paid for his benefit to the person or persons having charge of him or his estate or at the discretion of the Central Committee to one or more of his dependants and the receipt of the person or persons to whom any money is so paid shall be a sufficient discharge therefor.

Section 25 National Service

(a) Where a member enters upon a period of National Service he shall remain a contributing member of the Scheme and where contributions due are not deducted through the paybill they shall be paid by the member in such manner as the Central Committee shall determine.

(b) Where such a member fails to return to the service on the cessation of National Service for any reason other than death or incapacity he shall thereupon cease to be a member and there shall be payable to him the amounts due under Rule 19.

Section 26 Transfer to a salaried staff superannuation fund or scheme of the Commission

Where a member is transferred within the employment of the Commission to a grade or class eligible for membership of a salaried staff superannuation fund or scheme of the Commission approved by the Commissioners of Inland Revenue for the purpose of this Rule the following arrangements shall apply:—

(a) if he becomes a member of such fund or scheme he shall thereupon cease to be a member of this Scheme; there shall be calculated a sum equivalent to the member's contributions to this Scheme with compound interest thereon at 3½ per cent. and the said sum shall be paid on behalf of the member by the Commission through the Central Committee by way of transfer value to the salaried staff fund or scheme and shall be applied in the purchase of any period of antedating under the rules of such fund or scheme;

(b) if he does not join such fund or scheme, he shall remain a member of this Scheme as though he had not been so transferred.

Section 27 Transfer to companies or undertakings controlled by the Commission

Where a member transfers from the employment of the Commission to employment in a wages grade of a company or undertaking controlled directly or indirectly by the Commission, he may, with the consent of the Central Committee and the company or undertakers to whose employment he has transferred, remain a member of this Scheme as though he had not so transferred and as though the company or undertakers were the Commission, provided that such company or undertakers agree to be bound by these Rules and agree to pay to the Commission the member's contributions deducted in accordance with these Rules together with such other sums in relation to his period of service with that company or undertaking as may be necessary to provide the benefits under this Scheme in respect of that member and a due proportion of the administrative expenses attributable thereto.

Section 28 Transfer to other employment under reciprocal arrangements

(a) Where a member having not less than 10 years of contributory membership including years of deemed membership (if any) leaves the employment of the Commission before attaining minimum pensionable age and within thirty days enters employment approved by the Central Committee and the Commission in respect of which there are reciprocal arrangements for the payment and receipt of transfer values to and from pension schemes in respect of pension rights, there may be paid, with the consent and in respect of the member on joining the pension scheme of his new employment, a transfer value to that scheme, assessed by the Actuary, equivalent to the member's pension rights in this Scheme excluding rights attributable to years of deemed membership at the date of transfer.

(b) In so far as the amount of the transfer value exceeds the sum of the contributions actually paid by the member with compound interest thereon at 3½ per cent. it shall be deemed to be a contribution by the employer to the recipient pension scheme.

(c) Where a member leaves the employment of the Commission in accordance with ( a ) above and has then attained the age of 55 years, he may, with the consent of the Central Committee and the Commission, remain a member of this Scheme without further contributions and, on the happening of any event in respect of which benefits are payable under these Rules, receive benefits in respect of his completed years of contributory membership as at the date on which he left such employment:

provided that if he leaves employment approved under ( a ) above before becoming entitled to benefit under Rules 14 to 17 inclusive or any of them he shall be deemed to have withdrawn from this Scheme and Rule 19 shall apply.

Section 29 Transfer into the service under reciprocal arrangements

Where a person enters the service from other pensionable employment in respect of which there are reciprocal arrangements for the payment of and receipt of transfer values to and from pension schemes, he shall, notwithstanding the provisions of Rule 4 (b), become a member of this Scheme as a new entrant into the service and his accrued pension rights as represented by the transfer value paid to the Commission shall be preserved to him until the benefits provided under such rights become due:

provided that no such benefit shall be payable while the member remains in the employment of the Commission.

Section 30 Re-admission to membership

Any person to whom Rule 19 (a) (ii) has been applied may, if he re-enters the service within 2 years of the date on which he lost his employment with the Commission, be re-admitted to membership of the Scheme, notwithstanding the provisions of Rule 4 (b), on such terms and conditions as the Central Committee may decide.

Section 31 Other Pension Schemes

(a) Where a member becomes entitled to any payment by virtue of the provisions of any pension scheme or schemes shown in the Second Schedule to these Rules and becomes entitled to benefit under this Scheme, the amount which shall be deemed to be the Commission's share of such benefit, namely—

(i) in respect of age or ill-health retirement after completing 10 years of membership including years of deemed membership (if any), one half of the joint pension attributable to years of contributory membership and the whole of the pension attributable to years of deemed membership,

(ii) in respect of death whilst in the employment of the Commission, one half of the benefit payable in accordance with Rule 18 (a),

(iii) in respect of death after retirement, the death benefit set out under ( ii ) above reduced by the proportions of sums paid before death as set out under ( i ) above,

shall be reduced by the whole or the proportion of the benefits provided by the Commission under the scheduled scheme or schemes as indicated in the said Schedule:

provided that no reduction shall have the effect of reducing the share of benefits under this Scheme attributable to the member's contributions.

(b) Where the sums provided by the Commission under such other pension scheme or schemes shall be an annuity to the member varying in amount which shall from time to time but not throughout his retirement be greater than the pension payable under these Rules as the Commission's share, the member shall at retirement have an option to receive either the pension payable under these Rules as the Commission's share or the sums provided by the Commission under such other pension scheme or schemes:

provided that, in the case of an ill-health retirement pension such option shall; at the discretion of the Central Committee, be exercisable by the Central Committee.

(c) Where the benefit payable under this Scheme shall be an annuity but the sums provided by the Commission under any such other pension scheme or schemes shall be in whole or in part a lump sum, such lump sum shall for the purposes of calculating the reduction in pension necessary under this Rule be convented into an equivalent annuity as determined by the Actuary.

(d) Where the benefit payable under this Scheme shall be a lump sum but the sums provided by the Commission under such other pension scheme or schemes shall be in whole or in part an annuity, such annuity shall for the purpose of calculating the reduction in lump sum necessary under this Rule be converted into an equivalent lump sum as determined by the Actuary.

Section 32 Composition of Committee

Subject to the provisions of these Rules, the administration of the Scheme shall be vested in a Central Committee of twenty persons, ten of whom shall from time to time be appointed by the Commission and ten shall from time to time be nominated by the undermentioned bodies according to the numbers of nominees stated:—

The National Union of Railwaymen—4 nominees

The Associated Society of Locomotive Engineers and Firemen—2 nominees

The Transport and General Workers' Union—2 nominees

The Confederation of Shipbuilding and Engineering Unions—2 nominees:

Provided that after a period not exceeding five years from the date of establishment of the Scheme no person shall be nominated by the said bodies (and no person already nominated shall continue) to be a member of the Central Committee unless he is a member of the Scheme.

Section 33 Chairman of Committee

The Chairman of the Central Committee at any time shall be one of the persons appointed by the Commission to serve on the Central Committee.

Section 34 Power of Committee to establish administrative arrangements

The Central Committee shall have power to establish such arrangements as they consider appropriate for administering the Scheme.

Section 35 Procedure of Committee

The procedure of the Central Committee shall, except as provided by these Rules, be regulated from time to time by the Central Committee.

Section 36 Quorum

Ten members of the Central Committee (of whom not less than five shall be from amongst those appointed by the Commission and not less than five from amongst those nominated by the bodies stated in Rule 32) shall constitute a quorum, and no business shall be transacted at a meeting of the Central Committee unless a quorum be present.

Section 37 Decisions of Committee

The decision of the majority of the Central Committee present at a meeting of the Central Committee shall be deemed to be the decision of the Central Committee. The Chairman of the Central Committee shall in case of equal division have a second or casting vote.

Section 38 Committee may act notwithstanding vacancy

The Central Committee may exercise its powers during and notwithstanding any casual vacancy in its body.

Section 39 Secretary

(a) A Secretary shall be appointed by the Commission and shall continue in office as the Commission so determine.

(b) He shall be responsible to the Central Committee for the general administration of the Scheme in accordance with these Rules and for the keeping of such records and accounts as the Central Committee may require.

(c) The Commission may also appoint such other persons as may be necessary to assist the Secretary in the carrying out of his duties and the salaries of the Secretary and such other persons shall be determined and paid by the Commission.

Section 40 Actuary

An Actuary shall be appointed by the Commission and shall continue in office as the Commission so determine.

Section 41 Exercise of Options

Any option exercisable by any person under these Rules shall be exercised by a notice in writing signed by the person by whom the option is exercised and when so exercised shall be irrevocable.

Section 42 Evidence of Age

Every member shall when required so to do by the Central Committee furnish such evidence of his age as the Central Committee may require.

Section 43 Evidence by Pensioners

Every person entitled to a pension under these Rules shall—

(a) give notice in writing of his place of residence at the time of becoming entitled to such pension and thereafter give notice of any change of residence,

(b) give notice in writing of the occurrence of any event affecting his entitlement to pension, and

(c) furnish such evidence of his continued existence as the Central Committee may require.

Section 44 Actuarial Investigation

There shall be an investigation by the Actuary into the finances of the Scheme as and when the Central Committee shall direct but at least once every five years. The Actuary shall report with his recommendations to the Commission who, having regard to that report, may after taking the advice of the Central Committee request the Minister to amend the Rules.

Section 45 National Insurance Acts

In the event of changes in the retirement pension provisions of the National Insurance Act, 1946, as amended by any subsequent legislation, the Commission shall, after taking the advice of the Central Committee and the Actuary, review the provisions of the Scheme and where deemed necessary proceed in accordance with Rule 46.

Section 46 Amendment of Rules

The Commission may at any time after taking the advice of the Central Committee request the Minister to amend the Rules by alteration, deletion or addition of any provisions, but no alteration, deletion or addition shall be made which would have the effect of altering the main purpose of the Scheme from that of providing pensions or which would have the effect of decreasing any pension being paid at the date of such alteration, deletion or addition.