The Local Government Superannuation (Transferred Water Employees) Regulations 1983

Elections as to superannuation terms

4.—(1) This regulation applies—

(a) to a transferred employee whose new employing body is the National Water Council or a water authority and whose previous employing body was the Water Supply Industry Training Board or the Metropolitan Water Board, and

(b) to a person who after 31st March 1972 became entitled to retirement benefits under, or died while a contributor to, the Metropolitan Water Board scheme.

(2) Where paragraph (1)(a) applies and the previous employing body was the Water Supply Industry Training Board, the person may elect that in their application to him from 1st April 1974 the principal regulations are to be deemed to have been modified in accordance with Parts I and III of the Schedule.

(3) Where paragraph (1)(a) applies and the previous employing body was the Metropolitan Water Board, the person may—

(a) where there was any entitlement to a benefit under Part E of the principal regulations before 6th April 1978, elect—

(i) that in their application to him from 1st April 1974 the principal regulations are to be deemed to have been modified in accordance with Parts II and III of the Schedule, or

(ii) that the principal regulations are to be deemed never to have applied to him, and

(b) in any other case, elect that in their application to him from 1st April 1974 the principal regulations are to be deemed to have been modified in accordance with Parts II and III of the Schedule.

(4) Where paragraph (1)(b) applies, the person may elect—

(a) to be treated as if he had been a person to whom regulation K1 of the principal regulations applied and as if references in that regulation to the former regulations had where applicable been references to the Metropolitan Water Board scheme, or

(b) to be treated as in sub-paragraph (a) and as if references to the principal regulations had been references to those regulations modified in accordance with Parts II and III of the Schedule.

(5) An election under this regulation is to be made by giving notice in writing to the National Water Council; and notice is, subject to paragraph (7), to be given within 6 months after 1st April 1983 or such longer period as the Council may allow.

(6) Any right to make an election conferred on a person by this regulation may, if he died before 1st April 1983 or dies within 6 months after that date without making an election, be exercised—

(a) if the person was a man and has left a widow, by her,

(b) if the person was a man and has not left a widow, or his widow has died without making an election, by his personal representatives, and

(c) if the person was a woman, by her personal representatives.

(7) Notice of an election made by a person's widow or personal representatives is to be given within 6 months after—

(a) 1st April 1983, or

(b) the date of his death if later,

or such longer period as the National Water Council may allow.