PENSIONS PART I CITATION, OPERATION AND INTERPRETATION 1 These Rules may be cited as the Superannuation (Fire and Specified Services) Interchange Rules 1972 and shall come into operation on 1st May 1972. 2 1 In these Rules the following expressions have the meanings hereby respectively assigned to them, that is to say:— “ appropriate authority ”, in relation to specified service, has the meaning assigned to it in Schedule 1; “ the fire authority ”, in relation to any person, means the authority maintaining the fire brigade from which he retires or has retired as mentioned in Rule 4(1); “ fire brigade ” means a fire brigade maintained under the Fire Services Act 1947; “ the Firemen's Pension Scheme ” means the Scheme for the time being in operation under section 26 of the Fire Services Act 1947; “ pension ” has the meaning assigned to it by section 17(1) of the Superannuation (Miscellaneous Provisions) Act 1948 except that it does not include an award under the Firemen's Pension Scheme by way of a gratuity or repayment of aggregate contributions; “ pensionable pay ” and “ pensionable service ” have the same meanings as in the Firemen's Pension Scheme; “ Police Pensions Regulations ” means the Regulations for the time being in force under section 1 of the Police Pensions Act 1948, except that “ Isle of Man Police Pensions Regulations ” means the Regulations so in force under section 16 of the Police (Isle of Man) Act 1962 (an Act of Tynwald); “ regular fireman ” means a member of a fire brigade of a class prescribed by the Firemen's Pension Scheme for the purposes of section 2 of the Fire Services Act 1951; “ specified service ” has the meaning assigned to it by Schedule 1. 2 In these Rules, unless the context otherwise requires, any reference to any enactment shall be construed as a reference to that enactment as amended or extended by any subsequent enactment. 3 In these Rules, unless the context otherwise requires, any reference to a Rule or Schedule shall be construed as a reference to a Rule or Schedule contained therein, any reference to a paragraph of that Rule or Schedule and any reference in a paragraph to a sub-paragraph shall be construed as a reference to a sub-paragraph of that paragraph. 4 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 Employment on duties connected with the provision of fire services, otherwise than as a member of a fire brigade, which is treated for the purposes of the Firemen's Pension Scheme as employment as a regular fireman shall be so treated for the purposes of these Rules. 2 In relation to such employment as is mentioned in paragraph (1) any reference in these Rules to the fire authority shall be construed in like manner as such a reference in the Firemen's Pension Scheme, that is to say, as a reference to the Secretary of State. PART II PAYMENT OF TRANSFER VALUES BY FIRE AUTHORITIES 4 1 These Rules shall apply in the case of a person who— a retires, or subject to paragraph (2) has retired, from service as a regular fireman without a transfer value becoming payable in his case otherwise than under these Rules; b either was not entitled to a pension under the Firemen's Pension Scheme on so retiring or, if so entitled, has not received any payments in respect of the pension; c enters or has entered specified service (that is to say, such service or employment as is mentioned in Schedule 1) within 12 months of so retiring or within such longer period as may be agreed in the circumstances of his case between the fire authority and the appropriate authority; d within 6 months of 1st May 1972 or 3 months of his entering the specified service, whichever is the later, or within such longer period as may be agreed as aforesaid in the circumstances of his case, notifies the fire authority that he desires these Rules to apply in his case, where, in the specified service he is, or subject to the payment of a transfer value, would be, entitled to reckon service for superannuation purposes by virtue of his service as a regular fireman. 2 Where a person who retired from service as a regular fireman before 1st May 1972 enters, or before that date has entered, the specified service, these Rules shall apply in his case only with the consent (given at his request) of both the fire authority and the appropriate authority. 5 1 Subject to paragraph (2), in respect of a person to whom these Rules apply the fire authority shall pay to the appropriate authority a transfer value calculated in accordance with Schedule 2. 2 Where the person concerned is subject to any superannuation arrangements specified in the second column of the Table in Schedule 1 but is not employed by the body specified opposite thereto in the first column of that Table, the fire authority shall not be required to, but may, pay a transfer value as aforesaid. R. Maudling One of Her Majesty's Principal Secretaries of State Home Office Whitehall 27th March 1972