Section 20

Persons transferred under section 18 from the service of the Government who are eligible for any pension, gratuity or allowance payable under the Pensions Act 1956 must, before 15 October 1991, be given the option of continuing on any pension scheme established under this section.

If any person exercises his or her option given under subsection (1) to continue on a pension scheme, the Council may, with the approval of the Minister, make rules for the establishment of a scheme or schemes for the payment of pensions, gratuities, provident fund or other superannuation benefits to such employees or classes of employees of the Council as it may determine, or to their legal personal representatives or dependants, on the death or retirement of such employees from the service of the Council or on their otherwise leaving the service of the Council and the Third Schedule applies to any scheme or schemes so established.

In every case where a person employed by the Government has been transferred to the service of the Council under section 18, the Government is to be liable to pay the Council such portion of any gratuity, pension or allowance payable to such person on the person’s retirement or otherwise leaving the service of the Council as the same is to bear to the proportion which the aggregate amount of the person’s pensionable emoluments during the person’s service with the Government bears to the aggregate amount of his or her pensionable emoluments during his or her service under both the Government and the Council.

Where any person who is transferred to the service of the Council under section 18 is a contributor under the Widows’ and Orphans’ Pension Act 1904, the person must, for the purposes of that Act, continue to make contributions under that Act as if the person had not been transferred to the service of the Council and, for the purposes of that Act, the person’s service with the Council is deemed to be service with the Government.