The South East Lancashire and North East Cheshire Passenger Transport Area (Designation) Order 1969

Designation of pension fund and application of Manchester Corporation pension enactments

19.—(1) The pension fund maintained by the Manchester City Council for the officers and servants of the Manchester Corporation (which fund is in this Article referred to as “the Manchester Corporation Pension Fund”) shall be the fund in the benefits of which persons who are or have been employed by the Authority, the Executive or a subsidiary of the Executive are entitled to participate.

(2) The persons to participate in the Manchester Corporation Pension Fund as persons who are or have been so employed are—

(a) the persons who, as officers or servants of the Authority, members, officers or servants of the Executive or directors, officers or servants of a subsidiary of the Executive, have by resolution of the Executive been specified as contributors to the said Fund, and

(b) the persons who, as officers or servants of the Authority, the Executive or a subsidiary of the Executive, belong to a class or description of such officers or servants which has by resolution of the Executive been specified as a class or description the members of, or persons falling within, which are to be contributors to the said Fund,

and all such persons who have been so specified by resolution of the Executive or who are members of, or fall within, a class or description so specified are in this Article referred to as “the Passenger Transport Executive contributors”.

(3) The provisions of the enactments, and of the schemes and other instruments for the time being in force thereunder, which relate to the Manchester Corporation Pension Fund, (including the provisions of the Local Government Superannuation Acts 1937 to 1953 and of any relevant instruments thereunder so far as applicable to the said Fund) (all which provisions are hereafter in this Article referred to as “the pension provisions”) shall, subject as hereafter provided in this Article, apply to the Passenger Transport Executive contributors as they apply to contributors who are or have been officers or servants of the Manchester Corporation, and the pension provisions shall, subject as aforesaid, have effect in relation to the Passenger Transport Executive contributors as if the references therein to officers or servants of the Manchester Corporation or to service of or under the Manchester Corporation included references to officers or servants of the Authority, to members, officers or servants of the Executive and to directors, officers or servants of a subsidiary of the Executive and to service as such a member, director, officer or servant, as the case may be, but nothing in this Article shall have the effect of conferring or imposing upon the Executive the functions of the Manchester City Council under the pension provisions with respect to the making of a scheme or to the valuation, investment or general administration of the Manchester Corporation Pension Fund.

(4) In their application to those of the Passenger Transport Executive contributors who are or have been officers or servants of the Authority or directors, officers or servants of a subsidiary of the Executive, the pension provisions shall have effect as if the Authority or the subsidiary (as the case may be) were the Executive, so that for the purposes of the pension provisions the Executive shall have the responsibilities and the functions of the employer of those persons.

(5) The Executive shall in relation to the Passenger Transport Executive contributors—

(a) deduct, or cause to be deducted, from the salaries or other remuneration of those contributors the contributions which those contributors would be required by the pension provisions to make to the Manchester Corporation Pension Fund if they were officers or servants of the Manchester Corporation, and

(b) pay, or cause to be paid, to the Manchester City Council those payments (including the amount of the deductions afore and the appropriate amount of the deficiency contribution provided for in section 68 of the Manchester Corporation Act 1920 which that Council would be required by the pension provisions to pay into the said Fund if those contributors were officers or servants of the Manchester Corporation,

and for the purposes of any future quinquennial investigation of the said Fund provided for in section 69 of the Manchester Corporation Act 1920 there shall be substituted for the reference in that section to the normal contribution of the Corporation a reference to the normal contribution of the Corporation and the Executive.

(6) Any discretion, or any right or duty to form an opinion, vested under the pension provisions in the Manchester City Council in relation to officers and servants of the Manchester Corporation shall in relation to the Passenger Transport Executive contributors be exercised or performed, subject to the provisions of this Article, by the Executive, but the Executive shall, as soon as may be after the exercise or performance by them of any such discretion, right or duty, give notice in writing thereof to the town clerk of the City of Manchester.

(7) The Executive shall not, without the consent of the Authority—

(a) resolve that a member of the Executive shall be a contributor to the Manchester Corporation Pension Fund, or

(b) exercise or perform under the pension provisions in relation to a person who is or has been a member of the Executive, as respects his service as such a member, any such discretion, or any such right or duty to form an opinion, as is mentioned in paragraph (6) of this Article.

(8) The Executive shall not resolve that a member of the Executive, or a director of a subsidiary of the Executive, shall be a contributor to the Manchester Corporation Pension Fund unless his service as such a member or director is whole time service, that is to say, service to which he is required by the terms of his appointment to devote substantially the whole of his time.

(9) This Article shall be without prejudice to section 10(1)(xxx) of, and paragraph 4 of Part II of Schedule 5 to, the Act of 1968.