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The British Transport (Pensions of Employees) (No. 2) Order 1969

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Payment of contributions towards liability of responsible body

10.—(1) Where by reason of any provision of this Order any liability falls upon the responsible body for a pension scheme in respect of a discharged officer or an officer to whom Article 9 of this Order applies and—

(a)in the case of a discharged officer, he was not an officer of, or of any subsidiary of, that body immediately before his discharge, and

(b)in the case of an officer to whom Article 9 of this Order applies, he was not an officer of, or of any subsidiary of, that body immediately before the occurrence of the diminution of his emoluments or the change in the nature or terms of his employment,

than the body specified in paragraph (2) of this Article as the appropriate body shall make such payment by way of contribution to the liability of the responsible body as may be just in all the circumstances; and if there is any disagreement between the bodies concerned as to the obligations of any such body as aforesaid under this Article, the matter shall, on the application of either body, be referred for decision to the Minister and the Secretary of State jointly, in a case involving the Scottish Transport Group, or to the Minister in all other cases, and the decision of the Minister and the Secretary of State or the decision of the Minister (as the case may be) shall be final.

(2) For the purposes of paragraph (1) of this Article the appropriate body shall be—

(a)where the officer in question was employed by the London Transport Board immediately before his discharge or the occurrence of the diminution of his emoluments or the change in the nature or terms of his employment, the publicly owned transport body to which is transferred under the Transport (London) Act 1969 that part of the undertaking of the London Transport Board in connection with which he was then employed,

(b)where the officer in question was employed by a subsidiary of the London Transport Board immediately before the discharge or occurrence aforesaid, the publicly owned transport body to the control of which the said subsidiary is transferred under the said Act of 1969,

(c)in all other cases, whichever of the following bodies, that is to say, the British Railways Board, the National Bus Company and the Executive, is the body by which, or by the subsidiary of which, the officer in question was employed immediately before the discharge or occurrence aforesaid.

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