Regulation 139 Local government reorganisation

(1)

The Scheme applies, in relation to a transferred employee, as if his new employment and his former employment had been one continuous employment (but see paragraph (3)).

(2)

Transferred employees who are active members immediately before their transfer continue to be active members in their new employment.

(3)

Where—

(a)

immediately before the transfer of a transferred employee it was the usual practice of the body employing him to exercise any discretionary power exercisable by them by virtue of any enactment relating to pensions so as to pay or increase the payment of allowances or pensions for employees of his description, and

(b)

that power or any corresponding one becomes exercisable in relation to him,

the new employing body shall exercise the power in a way which is not less beneficial than the general character of that practice.

(4)

Paragraph (3) also applies where it was the usual practice of the Greater London Council or a metropolitan county council to exercise a discretionary power which has become exercisable by another body in consequence of regulation 3(1) of the Local Government Superannuation (Miscellaneous Provisions) Regulations 1986^f1 in a way that was beneficial to employees.

(5)

A transferred employee is—

(a)

a person transferred on or after 1st April 1974—

(i)

by or under a relevant statutory order, regulations, agreement or scheme; or

(ii)

by the operation of the Public Libraries and Museums Act 1964^f2;

(b)

any person appointed by a local authority, or the National Water Council or a water authority (as defined in the Water Act 1973^f3) to hold any office or employment before or as from 1st April 1974 who, but for the appointment, would have been transferred on that day under section 255 of the Local Government Act 1972^f4; and

(c)

any person who on 1st April 1974 remained in the employment of the same body as immediately before that day but who, in consequence of the Local Government Act 1972, or anything done under that Act, or of the 1974 regulations, became on that day entitled to participate in a superannuation fund maintained under those regulations by a different body from the body which maintained the superannuation fund he was entitled to participate in immediately before that day.

(6)

These are relevant statutory orders, regulations, agreements and schemes—

(a)

an order made under section 84 of the London Government Act 1963^f5 or an agreement made under section 24(7) of that Act;

(b)

a scheme made under Part I of the Police Act 1964^f6;

(c)

an order made under section 17 of the Transport Act 1968^f7;

(d)

an order made under section 46 of the Children and Young Persons Act 1969^f8;

(e)

an order or regulations made under the Local Government Act 1972 which, in accordance with the provisions of section 255 of that Act, contains a provision as to the transfer of that person;

(f)

regulation 5 of and Schedule 1 to the Valuation and Community Charge Tribunals (Transfer of Jurisdiction) Regulations 1989^f9.

(7)

For this regulation where paragraph (5)(b) applies the taking up of the office or employment to which the appointment is made is a transfer.

Annotations

Footnotes

f1: S.I. 1986/380.
f2: 1964 c. 48.
f3: 1973 c. 37.
f4: 1972 c. 70.
f5: 1963 c. 33.
f6: 1964 c. 48.
f7: 1968 c. 73.
f8: 1969 c. 74; section 46 was amended by the Powers of Criminal Courts Act 1973 (c. 62), sections 56(1), 60(2), Schedule 5, paragraph 36, and the Probation Service Act 1993 (c. 47), section 32, Schedule 3, paragraph 3(3).
f9: S.I. 1989/440.