The Local Government Reorganisation (Designated Councils) (Pensions) Order 1986

Reimbursement

3.—(1) The total for any financial year of the amounts specified in paragraph (2), so far as not recoverable by the designated council otherwise than under this article, shall be apportioned among the councils of all the districts in the metropolitan county concerned in accordance with paragraph (3); and the appropriate portion shall be reimbursed to the designated council by each of the other councils.

(2) The amounts mentioned in paragraph (1) are those required for the making by the designated council of—

(a) payments in discharge of the liabilities mentioned in section 60(2) of the Act, and

(b) payments of the kinds mentioned in section 61(4) of the Act (certain pensions increase and analogous payments),

and those of any costs incidental to the making of such payments and payments of the pensions mentioned in section 60(4) of the Act (certain coroners' pensions).

(3) The total of the amounts is to be apportioned—

(a) in the case of the metropolitan counties of Tyne and Wear and West Yorkshire, in proportion to the numbers of employees of the district councils who on the last day of the preceeding financial year were pensionable employees under the Local Government Superannuation Regulations 1986, and

(b) in the case of the metropolitan county of West Midlands, in proportion to the populations of the districts, as for the time being certified for the purposes of section 74 of the Act (levies by residuary bodies).

(4) In the event of any dispute as to the amount to be reimbursed by a district council under this article, the amount is to be determined by an arbitrator appointed by the Secretary of State.

(5) Section 31 of the Arbitration Act 1950(1) shall have effect in relation to any arbitration under paragraph (4) as if it were an arbitration to which that section applies.

(1)

section 31 was repealed in part by the Arbitration Act 1975 (c.3), section 8(2), and amended by the Arbitration Act 1979 (c.42), section 7(1).