The London Transport (Male Wages Grades Pensions) Order 1966

Commencement, Citation, Interpretation

1.—(1) This Order shall come into operation on the 1st October 1966, and may be cited as the London Transport (Male Wages Grades Pensions) Order 1966.

(2) In this Order, unless the context otherwise requires—

“the Act” means the Transport Act 1962;

“employment by the London Transport Executive” means employment by the British Transport Commission which was by virtue of section 5(9) of the Transport Act 1947 treated as employment by the London Transport Executive;

“the London Board” means the London Transport Board;

“the Minister” means the Minister of Transport;

“the Railways Board” means the British Railways Board;

“nationalised transport body” means any of the following, namely, the Railways Board, the London Board, the British Transport Docks Board, the British Waterways Board, the Transport Holding Company, any subsidiary of any of the foregoing bodies and (but only as respects any period before the 1st January 1963) the British Transport Commission and any subsidiary of that Commission;

“transferred contributing member” , “transferred non-contributing member”, “transferred pensioner” and “person with transferred rights of readmission” have the meanings respectively given in Articles 4, 5, 6 and 7 of this Order;

“this Scheme” means the pension scheme established by this Order;

“the 1954 Scheme” means the British Transport Commission (Male Wages Grades) Pension Scheme established by the British Transport Commission (Male Wages Grades Pensions) Regulations 1954(1) (as that Scheme now has effect subject to the provisions of any Orders made by the Minister under Section 74 of the Transport Act 1962) , and “the 1954 Scheme Rules” means the rules of that Scheme set out in the Schedule to those Regulations, as amended by the British Transport Commission (Male Wages Grades Pensions) (Amendment) Regulations 1957 and 1960, and as having effect subject to the provisions of any such Orders;

“the period of deemed membership of Section A of the 1954 Scheme”, in relation to a member of that Scheme, means the years of deemed membership with which he has been credited under Rule 8 of the Rules of that Scheme;

“the 1964 Pensions Order” means the British Transport Reorganisation (Pensions of Employees) (No. 1) Order 1964(2) .

(3) The Interpretation Act 1889 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.

Establishment of Pension Scheme

2.—(1) There shall be established by the London Board as on the 1st October 1966 a pension scheme, to be known as the London Transport (Male Wages Grades) Pension Scheme, under which provision is made for pensions and other benefits for male employees of the London Board in whole time employment in the wages grades and for certain other persons who have existing rights under the 1954 Scheme in connection with the whole time employment in the wages grades of male employees by the London Board, or by a body exercising functions now exercisable by the London Board, before the 1st October 1966.

(2) Subject to the provisions of this Order this Scheme shall be in accordance with the Rules set out in the Schedule to this Order and shall be administered as provided for in those Rules.

(3) The provisions of the 1964 Pensions Order (so far as applicable) shall apply in relation to this Scheme as if it were an existing scheme within the meaning of that Order and as if the London Board were the successor body for such scheme and the Rules set out in the Schedule to this Order shall have effect subject to those provisions.

(4) In relation to certain of the categories of members and persons entitled to benefits the Rules set out in the Schedule to this Order shall have effect subject to the provisions of Articles 4 to 8 of this Order.

Effect of the Rules of the Scheme

3.—(1) The Rules of this Scheme and the provisions of this Order, in so far as they provide for—

(a) male employees in the wages grades becoming members of any Section of this Scheme compulsorily, or

(b) any contribution due from a member being deducted from that member's wages or remuneration,

shall be lawful and have effect notwithstanding anything in any enactment or instrument referred to in Section 74(5) of the Act.

(2) The Rules of this Scheme shall not be amended or added to otherwise than by Order made by the Minister under section 74 of the Act.

Transferred Contributing Members of the 1954 Scheme

4.—(1) This Article shall apply to every contributing member of the 1954 Scheme who immediately before the 1st October 1966 is employed by the London Board.

(2)  Every person to whom this Article applies (in this Order referred to as a “transferred contributing member”) shall on the 1st October 1966 cease to be a member of the 1954 Scheme and shall thereupon become a contributing member of the corresponding Section or Sections of this Scheme.

(3) In relation to a transferred contributing member the Rules of this Scheme shall have effect as if (except where otherwise expressly provided in these Rules)—

(a) his membership of Section A of this Scheme had commenced when his membership of Section A of the 1954 Scheme commenced and (in the case of a member of Section B of the 1954 Scheme) his membership of Section B of this Scheme had commenced when his membership of Section B of the 1954 Scheme commenced,

(b) the period of his membership of Section A of this Scheme included the aggregate of the period of his membership of Section A of the 1954 Scheme and the period (if any) of his deemed membership of Section A of that scheme, and the period (if any) of his membership of Section B of this Scheme the period (if any) of his membership of Section B of the 1954 Scheme, (any such period of membership or deemed membership of the 1954 Scheme which fell to be treated as contributory membership under that Scheme being similarly treated under this Scheme),

(c) any employment of such member during the above periods by the London Transport Executive or by any nationalised transport body (other than the London Board) had been employment by the London Board, and

(d) every contribution or payment made or received, every other act or thing done or suffered, and every provision effected, by, in favour of, or in relation to him under any 1954 Scheme Rule had been made, received, done, suffered or effected under the corresponding Rule of this Scheme.

Transferred Non-contributing Members of the 1954 Scheme

5.—(1) This Article shall apply to every person who—

(a) immediately before the 1st October 1966 is employed by the London Board and is a member of the 1954 Scheme whose liability to pay contributions thereunder has ceased, or

(b) in consequence of having left the employment of the London Transport Executive or the London Board, is, under Rule 28(c) of the 1954 Scheme Rules, immediately before the 1st October 1966 a member of that Scheme without further contributions,

but is, in either instance, a person in relation to whom no event in respect of which benefits are payable under the 1954 Scheme Rules has happened before that date.

(2)  Every person to whom this Article applies (in this Order referred to as a “transferred non-contributing member”) shall on the 1st October 1966 cease to be a member of the 1954 Scheme and shall thereupon become a non-contributing member of the corresponding Section or Sections of this Scheme.

(3) The provisions of Article 4(3) of this Order shall apply in relation to a transferred non-contributing member as they apply in relation to a transferred contributing member.

Transferred Pensioners of the 1954 Scheme

6.—(1) This Article shall apply to every person who immediately before the 1st October 1966 is entitled to a pension or other benefit from the 1954 Scheme in consequence of his membership of that Scheme and who, immediately before that membership ceased, was employed either by the London Transport Executive or by the London Board.

(2)  The rights as respects the 1954 Scheme of every person to whom this Article applies (in this Order referred to as a “transferred pensioner” ) shall cease on the 1st October 1966 and there shall thereupon be conferred upon such person corresponding rights as respects this Scheme.

(3) In relation to a transferred pensioner the Rules of this Scheme shall have effect as if:—

(a) he had been a member of the corresponding Section or Sections of this Scheme, with a period of membership of Section A of this Scheme equivalent to the period of his membership and (where appropriate) deemed membership of Section A of the 1954 Scheme and with a period of membership of Section B of this Scheme equivalent to the period (if any) of his membership of Section B of the 1954 Scheme, (any such period of membership or deemed membership of the 1954 Scheme which fell to be treated as contributory membership under that Scheme being similarly treated under this Scheme),

(b) any employment of such pensioner by the London Transport Executive or by any nationalised transport body (other than the London Board) had been employment by the London Board, and

(c) every contribution or payment made or received, every other act or thing done or suffered, and every provision effected, by, in favour of, or in relation to him under any 1954 Scheme Rule had been made, received, done, suffered or effected under the corresponding Rule of this Scheme.

Transferred rights of readmission to the 1954 Scheme

7.—(1) This Article shall apply to every person to whom Rule 16(a), Rule 17(a) or Rule 19(a)(ii) of the 1954 Scheme Rules has applied before the 1st October 1966 and who enters or re-enters the employment of the London Board on or after that date.

(2)  Every person to whom this Article applies (in this Order referred to as a “person with transferred rights of readmission”) shall on and after the 1st October 1966 cease to be entitled to be readmitted to membership of the 1954 Scheme under Rule 30 of the 1954 Scheme Rules or under Article 4 of the 1964 Pensions Order but shall, instead, be entitled to be admitted to membership of this Scheme under the provisions of Rule 30 of this Scheme, which shall apply as if such admission were a readmission to membership of this Scheme under that Rule.

General Effect of Transfers

8.—(1) The obligations and liabilities under the 1954 Scheme of the Railways Board and the Central Committee of that Scheme to the persons hereinafter mentioned, and the corresponding rights of these persons under that Scheme, shall cease and determine—

(a) as respects every transferred contributing and non-contributing member and every transferred pensioner, on the 1st October 1966, and

(b) as respects every person with transferred rights of readmission, on the date of his admission to this Scheme under the provisions of Rule 30 thereof (as that Rule has effect subject to the provisions of Article 7 of this Order).

(2) The rights as respects this Scheme conferred upon transferred contributing and non-contributing members, transferred pensioners and persons with transferred rights of readmission by the foregoing provisions of this Order shall be in substitution for their rights as respects the 1954 Scheme so ceasing and determining as aforesaid.

(3) Except in so far as any rights, liabilities or obligations conferred by or contained in the 1954 Scheme may be continued by this Order or by or under the 1964 Pensions Order, the 1954 Scheme shall cease to have effect so far as concerns the London Board.

(4) No person (other than the London Board or the Railways Board) shall be placed in a worse position by reason of the substitution of rights effected by this Order and the provisions of this Order shall have effect subject to this requirement.

(5) In order to secure any appropriate financial adjustments between the Railways Board and the London Board in consequence of the foregoing provisions of this Order such payments shall be made by one Board to the other as may be equitable having regard to all the circumstances and in the event of any disagreement between the Boards as to their obligations under this paragraph the matter shall on the application of either Board be determined by the Minister whose decision shall be final.

Sealed with the Official Seal of the Minister of Transport the 14th September 1966.

L.S.

Barbara Castle

The Minister of Transport