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SUPERANNUATION SCHEMES (WAR SERVICE) ACT (NORTHERN IRELAND) 1941

SUPERANNUATION SCHEMES (WAR SERVICE) ACT (NORTHERN IRELAND) 1941 -
LONG TITLE

An Act to enable provision to be made for preventing loss of
benefits under certain superannuation schemes by persons undertaking
service in the forces or employment for war purposes.
[1st July 1941]
Power to make provision for continuance of benefits.

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.

SUPERANNUATION SCHEMES (WAR SERVICE) ACT (NORTHERN IRELAND) 1941 -
SECT 2
Short title.

2. This Act may be cited as the Superannuation Schemes (War
Service) Act (Northern Ireland), 1941.1. Persons to whom the Local
Government Staffs (War Service) Act (Northern Ireland), 1939, applies,
being persons serving in any superannuable capacity with a local
authority, or in any employment which is deemed by virtue of that
Act to be service in such a capacity.

2. Persons in service which is contributing service within the
meaning of the Superannuation (Teaching Services) Acts (Northern
Ireland), 1926 to 1939.