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SUPERANNUATION SCHEMES (WAR SERVICE) ACT (NORTHERN IRELAND) 1941 - SECT 1

1.(1) Where a person who by virtue of any employment fell within a class of
persons for whose benefit a superannuation scheme to which this Act applies is
in force has ceased to follow that employment during the
period of the present emergency (whether before or after the commencement of
this Act) in order to undertake service in any of the naval, military or air
forces of the Crown, or employment for war purposes, the following provisions
shall have effect in relation to that person (in this Act referred to as "the
employee").

(2) The trustees or other persons concerned with the administration of the
scheme shall have power, and shall be deemed always to have had power,
notwithstanding anything to the contrary in the scheme or in any enactment or
rule of law, to do all such things as appear to them necessary to secure that
the benefits accruing under the scheme to the employee or accruing thereunder
to any other person by reference to the employee's employment, should be the
same, as nearly as may be, as if he had not ceased to follow his employment,
subject to any adjustments which they may think proper to make.

(3) Any person who would have been authorised to make any contributions for
the purposes of the scheme if the employee had continued to follow his
employment during the period of his service in the forces, or of his
employment for war purposes, shall have power, and shall be deemed always to
have had power, notwithstanding anything to the contrary in the scheme or in
any enactment or rule of law, to make those contributions and to make any
contributions for the purposes of the scheme which the employee would in the
ordinary course have made if he had so continued.

(4) Sub-section (2) of this section shall not have effect if the scheme is
constituted by rules of a friendly society or trade union within the meaning
of the Societies (Miscellaneous Provisions) Act (Northern Ireland), 1940, or
of a society registered or deemed to be registered in Northern Ireland under
the Industrial and Provident Societies Acts (Northern Ireland), 1893 to 1929;
and if a fund is registered under the Superannuation and other Trust Funds
(Validation) Act (Northern Ireland), 1928, in connection with the scheme, then

(a)the power conferred by sub-section (2) of this section shall be exercisable
only in accordance with a resolution recorded in writing; and

(b)the trustees shall, within twenty-one days after the passing of any such
resolution, furnish a copy thereof to the registrar within the meaning of that
Act; and

(c)if any amendment of the rules of the fund is effected, sub-section (3) of
section three of that Act shall have effect in relation to the amendment
notwithstanding anything in sub-section (2) of this section.

(5) The schemes to which this Act applies are any superannuation schemes in
force with respect to any persons other than such persons as are specified in
the Schedule to this Act.

(6) In this Act, unless the context otherwise requires, the following
expressions have the meanings hereby assigned to them, that is to say:

"Employment for war purposes" means employment, or employment in work of a
kind, which the Ministry of Labour certifies to be such as in the opinion of
the Ministry may properly be treated for the purposes of this Act in the same
manner as service in the forces of the Crown;

"Period of the present emergency" means the period beginning with the date of
the commencement of the Reserve and Auxiliary Forces Act, 1939, and ending on
such day as the Governor of Northern Ireland may by Order in Council declare
to be the date on which the emergency that was the occasion of the passing of
this Act came to an end;

"Superannuation scheme" means any enactment, rules, deed or other instrument,
providing for the payment of annuities or lump sums to the persons with
respect to whom the instrument has effect on their retirement at a specified
age or on becoming incapacitated at some earlier age, or to the personal
representatives or the widows, relatives or dependants of such persons on
their death or otherwise, whether with or without any further or other
benefits.

© 1941 Crown Copyright

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