The Local Government Pension Scheme (Environment Agency) Regulations 1996

Change of local government employment and fund authority: interfund adjustments.

7.—(1) This regulation applies where—

(a) a person ceases to be employed by a body which is a waste regulation authority in England or Wales (within the meaning given to that expression by section 56 of the Environment Act 1995) on the transfer under paragraph (a)(ii) or (b)(ii) of section 3(1) of that Act of its property, rights and liabilities to the Environment Agency (“the previous employment”) and is thereupon employed by the Environment Agency (“the new employment”), and

(b) he is a member of the Scheme in his new employment and is entitled to count in relation to that employment any period of membership which he was entitled to count in his previous employment.

(2) Where this regulation applies, the body maintaining the pension fund to which the person was a contributor immediately before he ceased to be employed in his previous employment (“the previous fund authority”) shall pay out of that pension fund (“the transferring fund”) to the Environment Agency for the credit of the Active Fund an amount calculated in accordance with paragraph (3) of this regulation (“the agreed amount”) and regulation K21 of the principal Regulations shall not apply.

(3) The actuaries to the transferring fund and the Active Fund shall determine the agreed amount and as soon as reasonably practicable after the determination, the previous fund authority shall pay the agreed amount to the Environment Agency.

(4) If the actuaries are unable to agree the determination of the agreed amount within twelve months of the date of the transfer of the persons to whom this regulation applies from the transferring fund to the Active Fund, then an actuary appointed by the Secretary of State shall make such determination.

(5) Where—

(a) a discretionary power exercisable by the employing body in the previous employment (“the former employing authority”) under the principal Regulations becomes exercisable by the Environment Agency in relation to a person in consequence of a transfer referred to in paragraph (1)(a), and

(b) it was the practice of the former employing authority to exercise that power in a way which was beneficial to employees

the Environment Agency shall exercise the power in a way which is not less beneficial than the general character of that practice.