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Superannuation (Miscellaneous Provisions) Act 1948

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This is the original version (as it was originally enacted).

7Power to extend Local Government Superannuation Act, 1937, or Local Government Superannuation (Scotland) Act, 1937, to employees of certain associations

(1)If any body, being either—

(a)a body representative of local authorities ; or

(b)a body representative of local authorities and officers of local authorities ; or

(c)a body representative of officers of local authorities formed for the purpose of consultation as to the common interests of those authorities and the discussion of matters relating to local government,

makes application for the purpose to a local authority who are for the time being required to maintain a superannuation fund under Part I of the Local Government Superannuation Act, 1937, or under Part I of the Local Government Superannuation (Scotland) Act, 1937, the authority may, on such terms and conditions as they think fit, and with the approval of the Minister of Health, or, as the case may be, the Secretary of State, admit any employee of that body to participate in the benefits of the fund, and in that event the said Act shall have effect in relation to the body and any employee so admitted as if the body were a local authority and the employee were a contributory employee, and the body shall have all such powers as may be necessary for the purpose of giving effect to the terms and conditions approved by the Minister of Health or the Secretary of State.

(2)Where a person who—

(a)has at any time been, for a continuous period of not less than three years, in the employment of a body any of the employees of which have been admitted under subsection (1) of this section to participate in the benefits of a superannuation fund maintained by a local authority; but

(b)left that employment before the date when employees of that body were first admitted as aforesaid (hereinafter in this section referred to as " the date of admission "),

is at the date of admission, or thereafter becomes, a contributory employee or a local Act contributor under any local authority, there shall be taken into account in reckoning his non-contributing service or his service for the purposes of the local Act scheme so much, if any, of the period of his employment by the body as the local authority under whom at the date of admission he is, or, as the case may be, the first local authority under whom he thereafter becomes, such an employee or contributor may, within one year from the date of admission or, as- the case may be, the date upon which he becomes such an employee or contributor, determine.

(3)The last preceding subsection shall have effect in relation to an association of local authorities or of officers of local authorities any of the employees of which have been admitted under any provision of a local Act similar in effect to subsection (1) of this section to participate in the benefits of a superannuation fund maintained by a local authority, subject to the following modifications, that is to say—

(a)the reference in the last preceding subsection to subsection (1) of this section shall be construed as a reference to that provision of that local Act; and

(b)in any case where the date of admission is before the date of the passing of this Act, for any reference in the last preceding subsection to the date of admission (except in paragraph (b) thereof) there shall be substituted a reference to the date of the passing of this Act.

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