The London Authorities (Superannuation) Order 1965 No. 621

Transfer of superannuation funds

4.—(1) The superannuation fund vested in any authority mentioned in column (1) of schedule 1 (in this order referred to as a “transferor authority”) shall on 1st April 1965 by virtue of this order be transferred to and vest in the authority mentioned opposite thereto in column (2) of that schedule (in this order referred to in respect of that fund as the “successor authority”); and any such fund shall, subject to the provisions of article 13, be carried by the successor authority to the fund which they or the council of the borough are required to maintain under Part I of the Act of 1937, except that the funds vested in the corporation of the London borough of Bexley and the urban district council of Brentwood shall be held by them on trust for the Bexley and Swanscombe (Superannuation) Joint Committee and the South East Essex Superannuation Joint Committee respectively, and the former Committee shall be a successor authority for the purposes of this Order.

(2) All liabilities attaching to a transferor authority in respect of their superannuation fund shall, subject to the provisions of this order, attach to the successor authority in respect of their superannuation fund.

(3) Where a transferor authority would have become liable, or would have been empowered on the happening of an event, to make a payment out of their superannuation fund or take any other action in respect of any person who has ceased to participate in the benefits of the fund before 1st April 1965, then on the happening of that event such payment or action shall, or as the case may be, may, be made out of the superannuation fund of the successor authority or taken by that authority.

(4) Where a person has ceased to contribute to the superannuation fund of a transferor authority before 1st April 1965 and has not become a contributor to any other superannuation fund maintained under Part I of the Act of 1937 or a local Act, the superannuation fund of the successor authority shall on and after that date be deemed to be the fund to which he was last a contributor.

(5) Any liability of a transferor authority as pension authority within the meaning of the Pensions (Increase) Acts 1920 to 1962 shall become the liability of the successor authority.

(6) Any liability of an authority or person to make payments into the superannuation fund of a transferor authority shall become a liability to make payments into the superannuation fund of the successor authority.

(7) Subject to article 18, all contracts, deeds, bonds, agreements and other instruments subsisting in favour of, or against, and all notices in force which were given by or to a transferor authority or any other authority on their behalf for the purposes of their superannuation fund shall be of full force and effect in favour of, or against, the successor authority.

(8) Any action or proceeding or cause of action or proceeding pending or existing at 1st April 1965 by or against the Middlesex Local Authorities Superannuation Joint Committee or any other transferor authority in respect of their superannuation fund shall not be prejudicially affected by reason of the Act or this order and may be continued, prosecuted and enforced by or against the successor authority.

(9) The accounts of any authority or of their committees or officers relating to any superannuation fund transferred by this article shall be made up to 31st March 1965 and shall be audited in like manner and subject to the like incidents and consequences as if this order had not been made:

Provided that any sum certified by a district auditor at any such audit as due from any person shall be paid to the successor authority.

(10) All legal proceedings pending on 1st April 1965 may be amended in such manner as may be necessary or proper in consequence of this order.