Search Legislation

The London Authorities (Superannuation) Order 1965

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format. The electronic version of this UK Statutory Instrument has been contributed by Westlaw and is taken from the printed publication. Read more

Protection of rights and obligations

21.—(1) In any case where, immediately prior to the date on which under the Act a transferred employee was first transferred or became entitled to participate in the benefits of a different superannuation fund, the Acts of 1937 to 1953 and the regulations made thereunder applied to him, either as modified or extended by the provisions of any local Act or scheme or together with any such provisions, the Acts of 1937 to 1953 and the regulations made thereunder shall have effect in relation to him for the appropriate period as if they—

(a)required him to make contributions at the like rate as he would have been liable to make and conferred on him rights corresponding with those which he would have enjoyed if he had remained in the employment of the authority from which he was transferred or, as the case may be, had continued to be entitled to participate in the benefits of his former superannuation fund, and

(b)conferred on any authority to which he is transferred under the Act any discretionary power to pay or to increase pensions, lump sums or gratuities to or in respect of him which was exercisable by the authority from which he was first transferred, or, as the case may be, provided for the continuance of any such discretionary power which would have been exercisable had the transferred employee not become entitled to participate in the benefits of a different superannuation fund.

(2) In any case where, immediately prior to the date on which under the Act a transferred employee was first transferred or became entitled to participate in the benefits of a different superannuation fund, he was subject to the provisions of any local Act scheme, then—

(a)if he is transferred to the employment of the Common Council otherwise than from the employment of the county council of London, the local Act scheme of the Common Council, or

(b)in any other case the Acts of 1937 to 1953 and regulations made thereunder,

shall have effect in relation to him for the appropriate period as if they—

(i)required him to make contributions at the like rate as he would have been liable to make and conferred on him rights corresponding with those which he would have enjoyed if he had remained in the employment of the authority from which he was transferred or, as the case may be, had continued to be entitled to participate in the benefits of his former superannuation fund, and

(ii)conferred on any authority to which he is transferred under the Act any discretionary power to pay or to increase pensions, lump sums or gratuities to or in respect of him which was exercisable by the authority from which he was first transferred, or, as the case may be, provided for the continuance of any such discretionary power which would have been exercisable had the transferred employee not become entitled to participate in the benefits of a different superannuation fund,

in lieu of the rights, obligations and powers conferred or imposed by the said local Act scheme or the said Acts and regulations, as the case may be:

Provided that—

(i)nothing in this paragraph shall preclude the application to any transferred employee of any provision of the said Acts and regulations which is expressed to apply to both contributory employees and local Act contributors; and

(ii)in relation to any person mentioned in sub-paragraph (a) of this paragraph, section 29 of the City of London (Various Powers) Act 1931, and in relation to any other person, section 35 of the Act of 1937, shall apply to any question concerning the rights and liabilities of any person under this order; and

(iii)where the local Act scheme to which a transferred employee was subject contained no provisions for the reckoning of non-contributing service similar to the provisions in that behalf of the Acts of 1937 to 1953 and the regulations made thereunder, nothing in this paragraph shall preclude the application of the latter provisions to the transferred employee in relation to any service which was not reckonable for the purposes of the local Act scheme; and

(iv)regulation 12 of the Local Government Superannuation (Benefits) Regulations 1954 shall apply in the case of any person who was subject to the local Act scheme of the metropolitan borough of St. Marylebone.

(3) Paragraphs (1) and (2) of this article shall apply in relation to any transfer under the Act of a transferred employee subsequent to the first such transfer as if such subsequent transfer had been the first.

(4) Where a transferred employee to whom paragraph (2) of this article applies ceases to be employed by an authority to which he was transferred under the Act, or the body by which he was employed when he became entitled to participate in the benefits of a different superannuation fund, and subsequently enters a new employment in circumstances in which he is not a transferred employee and is entitled to reckon for superannuation purposes service in such previous employment, that service shall be reckonable in the like manner, and the employee shall in other respects have the like rights and be subject to the like obligations, as if he had moved to the new employment from the employment which he held immediately before he was first transferred under the Act or became entitled to participate in the benefits of a different superannuation fund, as the case may be.

(5) Any transferred employee who was paying superannuation contributions immediately prior to his transfer at a rate appropriate to a servant shall continue to contribute at the like rate so long as he is employed without a break of twelve months or more by the authority to whose employment he was transferred on duties reasonably comparable to those in which he was engaged immediately prior to his transfer.

(6) In this article the appropriate period during which any provision mentioned in paragraph (1) or (2) of this article is to continue to apply to a transferred employee means the period of application specified in the provision of the local Act or scheme or, if no period is so specified, the period during which the employee continues without a break of twelve months or more in the employment of an authority to which he was transferred under the Act or the body by which he was employed when he became entitled to participate in the benefits of a different superannuation fund.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources