The Occupational Pension Schemes (Certification of Employments—Local Government etc. Staffs) Regulations 1977

Statutory Instruments

1977 No. 1625

PENSIONS

The Occupational Pension Schemes (Certification of Employments—Local Government Etc. Staffs) Regulations 1977

Made

10th October 1977

Laid before Parliament

26th October 1977

Coming into Operation

16th November 1977

The Secretary of State for the Environment, after considering the report of the Occupational Pensions Board on the draft of these regulations referred to them(1), and after consultation with such bodies concerned with employments of the class to which these regulations apply as appeared to him fairly to represent the interest of the employers and earners in those employments, in exercise of his powers under section 52 of, and paragraph 8 of Schedule 2 to, the Social Security Pensions Act 1975 and of all other powers enabling him in that behalf, hereby makes the following regulations:—

Citation, commencement and interpretation

1.—(1) These regulations may be cited as the Occupational Pension Schemes (Certification of Employments—Local Government etc. Staffs) Regulations 1977, and shall come into operation on 16th November 1977.

(2) In these regulations, unless the context otherwise requires—

“the Act” means the Social Security Pensions Act 1975;

“the Certification Regulations” means the Occupational Pensions Schemes (Certification of Employments) Regulations 1975(2);

“election” means an election with a view to the issue, variation or surrender under Part III of the Act of a certificate (a contracting-out certificate) specifying that employment is to be treated, either generally or in relation to any specified description of earners, as contracted-out employment and the occupational pension scheme by references to which that employment is to be so treated;

“specified class of employments” has the meaning assigned to it in regulation 2 of these regulations;

and other expressions have the same meanings as in the Act.

(3) Any reference in these regulations to any enactment or instrument shall be construed as a reference to that enactment or instrument as amended. modified or extended by or under any other enactment or instrument.

(4) The Interpretation Act 1889 shall apply for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament.

Employments to which the regulations apply

2.  In these regulations the expression “ the specified class of employments” means employments in which an earner's service qualifies him, under section 7 of the Superannuation Act 1972, for the benefits provided for by the Local Government Superannuation Regulations 1974(3)

Elections etc. to be made by the Secretary of State

3.—(1) In relation to the specified class of employments—

(a) the Secretary of State hereby directs that every election shall be made and revoked by him instead of by the employer;

(b) those things which are required or authorised to be done by or to an employer by or under the provisions referred to in paragraph (2) of this regulation shall be done instead by or to the Secretary of State.

(2) The provisions referred to in the last foregoing paragraph are—

(a) the provisions of section 31 of the Act; and

(b) the provisions of the Certification Regulations.

Employments to be treated for certain purposes as employments under a single employer

4.  The specified class of employments shall be treated as employments under a single employer different from the employer in any other employment for the purposes of—

(a) section 42(1) of the Act (which relates to the payment of a contributions equivalent premium on termination of contracted-out employment) as read with section 43(2) of the Act; and

(b) any regulations made under paragraph 3 of Schedule 2 to the Act (which enables regulations to be made for requiring an employer to give notice to the Secretary of State when an earner's employment becomes or ceases to be contracted-out employment and when an earner's employment in contracted-out employment begins or ends).

Peter Shore

Secretary of State for the Environment

10th October 1977

EXPLANATORY NOTE

These Regulations provide that, in respect of employees in local government service etc. who qualify for benefits under the Local Government Superannuation Regulations 1974, the Secretary of State instead of the employer shall make or revoke any election with a view to the issue, variation or surrender of a certificate that employment is contracted-out employment under the Social Security Pensions Act 1975.

The Regulations provide also that those things relating to the issue, variation or surrender of such a certificate, which apart from the Regulations would fall to be done by or to the employer, are to be done by or to the Secretary of State.

For certain specified purposes the employments mentioned in the regulations are deemed to be employments under a single employer.

(1)

Pursuant to section 61(2) of the Social Security Pensions Act 1975 (1975 c. 60).

(2)

(1975 III, p. 7163).

(3)

(1974/I, p. 1986).