is entitled under this paragraph, the excess shall forthwith become repayable, but in any such case any interest received on account of such excess shall not be repayable.
7.-1) This paragraph applies to an entitled officer and to an Transfer to officer to whom paragraph 10 of this Schedule applies who is transferred other public from the public service-
(a) to the service of a government or authority that is a Scheduled Government for the purposes of Part II of the European Officers' Pensions Regulations of Zambia in circumstances in which he remains eligible for the grant of a pension under the appropriate law or the Oversea Superannuation Scheme (Consolidation) Regulations, as the case may be, upon his eventual retirement;
or
(b) to service in the office of Governor in such circumstances that he is or may become eligible for a pension under the Governors' Pensions Act 1957(a):
Provided that—
(a) it does not apply to an officer to whom paragraph 6 of this
Schedule applies;
(b) it applies to any officer-
(i) who but for the provisions of paragraph 1(3) of this Schedule,
and would be an entitled officer;
(ii) who in the opinion of the appropriate Service Commission, would have had a reasonable prospect of becoming an entitled officer if no constitutional changes had been introduced; and (iii) who unless prevented by circumstances beyond his control, serves for a period of not less than two years residential service beginning on the operative date; and
(iv) who returns to pensionable employment under the Govern- ment of the United Kingdom in a public office as defined in the Superannuation Act 1892,
as if he were an entitled officer.
(2) An officer to whom this paragraph applies shall cease to be entitled to compensation under paragraph 2 or 10 of this Schedule, as the case may be, but if the amount of his annual pensionable emolu- ments immediately before his transfer exceeds the amount of the annual emoluments payable to him immediately after his transfer (being emoluments that may be taken into account for the purposes of his pension under the law or regulations relating to his service in that other public service) he shall be entitled to compensation equal to- (a) the amount of the excess multiplied by the appropriate factor;
or
!
(b) the amount he would receive if he were entitled to compensation under paragraph 2 of this Schedule, having retired on the date of his transfer,
whichever is the less.
(3) If the provisions of this paragraph become applicable to any person, his compensation shall forthwith be reassessed, and-
(a) 5 & 6 Eliz. 2. c. 62.
11
service.