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The London Authorities (Superannuation) Order 1965

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Liabilities of employing authorities

8.—(1) Any payment to a superannuation fund which falls to be made by any authority mentioned in column (1) of schedule 4 to the Property Order in their capacity as employer in respect of any period before 1st April 1965 shall be made by the authority mentioned opposite such first mentioned authority in column (2) of that schedule.

(2) Any notice given or other thing done for superannuation purposes by or to an authority as employer in respect of any transferred employee prior to his transfer shall have effect as if it had been given or done by or to the authority whose employment the transferred employee enters in consequence of the Act.

(3) Notwithstanding anything in section 5(3) of the Pensions (Increase) Act 1944 or section 6(2) of the Pensions (Increase) Act 1959, any liability of an authority under either section as the last employing authority shall not be affected by reason only of any transfer of functions effected by or under the Act, but if the authority is mentioned in column (1) of schedule 4 to the Property Order, such liability shall be transferred to the authority mentioned in column (2) of that schedule opposite such first mentioned authority.

(4) Where at any time before 1st April 1965 a pension not payable not of a superannuation fund (other than a pension payable to or in respect of a chairman or deputy chairman of quarter sessions, stipendiary magistrate, coroner or person subject to the Firemen's Pension Scheme) or a gratuity, by way of periodical payments or an annuity—

(a)has been granted to any person by any authority mentioned in column (1) of schedule 4 to the Property Order on his ceasing to be employed by them, or

(b)has been granted to the widow or any other dependant of a person who died while in the employment of any such authority or after leaving their employment or during the currency of a pension or gratuity granted to him by any authority mentioned in sub-paragraph (a) of this paragraph,

and if payment in respect of the pension or gratuity had continued in accordance with the terms of the grant and of any subsequent increase, one or more payments would have been made on or after 1st April 1965 (whether under legal obligation or otherwise), those payments shall be made by the authority mentioned in column (2) of that schedule opposite such first mentioned authority.

(5) Where at any time before 1st April 1965 a part of any pension referred to in the last foregoing paragraph, payable by any authority mentioned in column (1) of schedule 4 to the Property Order, has been surrendered for the benefit of any spouse or other dependant, the payments due in respect of such surrender at any time after 1st April 1965 shall be made by the authority mentioned in column (2) of that schedule opposite such first mentioned authority.

(6) Without prejudice to paragraphs (4) and (5) of this article where, if this order had not been made, any authority mentioned in column (1) of schedule 4 to the Property Order would, for any of the purposes of the Acts of 1937 to 1953, or any regulations or schemes made under those Acts, or of any local Act or local Act scheme, have been the employing authority or former employing authority in relation to a person who died before 1st April 1965 while in the employment of such authority or otherwise ceased to be employed by them before that date, or the widow or other dependant of such a person, the authority mentioned in column (2) of that schedule opposite such first mentioned authority shall be treated as being at that time the employing authority or former employing authority for those purposes in relation to that person, his widow or other dependant.

(7) Where any authority is at 31st March 1965 in course of making contributions under regulation 12 of the Local Government Superannuation (Benefits) Regulations 1954(1) or the corresponding provisions of any local Act or local Act scheme in respect of any transferred employee and that liability is not terminated by the payment of a transfer value, the liability shall attach to the authority whose employment the transferred employee enters in consequence of the Act.

(1)

(1954 II, p. 1595).

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