42Rate of pension in special cases

42 Rate of pension in special cases

42.1 If:

 (a) a member has received, in respect of any of his or her university service, a payment or benefit that is similar to, or of the same type as, a benefit payable under this Statute; or

 (b) a member, being a member who has taken the transfer of his or her policy or received an amount under subsection 50.2 and is restored to health, is again employed by the University and again becomes a member,

the rate per annum of the appropriate pension in relation to the member must be reduced by an amount equal to the rate per annum, or, in the case of a married member, the initial rate per annum of the annuity that could be purchased in respect of the member with an amount equal to the value that the benefit so received would have had on the retirement of the member if it had been invested at the time of receipt.

42.2 Without affecting the generality of paragraph 42.1(a), a member is to be regarded as having received, in respect of any of his or her university service, a payment or benefit that is similar to a benefit payable under this Statute if, in relation to any part of that service:

 (a) there has been paid to or in respect of the member a payment or benefit from a superannuation or retirement benefit scheme or arrangement; or

 (b) there has been paid to or in respect of the member a refund of the contributions (including interest on those contributions, if payable) paid by the member to such a scheme or arrangement; or

 (c) the member or any other person has a deferred entitlement to a benefit under such a scheme or arrangement.

42.3 If the Council has approved, as university service of a member for the purposes of this Part, a part only of the full-time service by the member as a teacher or other officer of another university or any other full-time service of a similar nature by the member, the whole of any payment or benefit received, or to be regarded as having been received, by the member in respect of the whole or a part of that full-time service is to be regarded, for the purposes of subsections 42.1 and 42.2, as having been received in respect of the part of the full-time service that has been approved by the Council.