Regulation B3 Other persons who may elect to be pensionable employees

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. B3 amended by Local Government Superannuation 1989
reg. B3 revoked by Local Government Superannuation 1989
reg.B3 revoked by Local Government Superannuation 1997 reg. 6
reg. and 9(3)(a)-(e) replaced (by reg.E9(3)(a)-(d)) by Local Government Superannuation 1997 reg.16
reg. B3 heading replaced by Local Government Superannuation 1990
reg. B3 amended by Local Government Superannuation 1990
reg. B3 inserted by Local Government Superannuation 1990
reg.B3(2)(b) rev in pt by Local Government Superannuation 1993 reg.3(a)
reg.B3(3) substituted by Local Government Superannuation 1993 reg.3(b)
reg.B3(4) revoked by Local Government Superannuation 1993 reg.3(c)
reg.B3(6)(f) amended by Local Government Superannuation 1993 reg.3(d)
reg.B3(7) substituted by Local Government Superannuation 1993 reg.3(e)
reg.B3(9) added by Local Government Superannuation 1993 reg.3(f)

(1)

Subject to paragraph (6) and regulation B4, a person who is in a relevant employment as defined in paragraph (2) may elect to become entitled in relation to that employment to participate in the benefits of the appropriate superannuation fund maintained under these Regulations.

(2)

In this regulation and in regulation B4, “relevant employment” means, subject to paragraphs (3) and (4), employment by a scheduled body in which in every period of 12 months—

(a)

the contractual weeks are 35 or more but fewer than 45 and the contractual hours are 30 or more, or

(b)

the contractual weeks are 35 or more and the contractual hours are 15 or more but fewer than 30.

(3)

If a person is in two or more employments under a single scheduled body, and—

(a)

none of those employments is an employment falling within paragraph (2)(b), but

(b)

in each of the employments the contractual weeks in every period of 12 months are 35 or more, and

(c)

the total of the contractual hours in all the employments is 15 or more,

then each of the employments is a relevant employment, but an election under this regulation in respect of any one of them is of no effect unless elections are made in respect of all of them.

(4)

If a person is in two or more employments under a single scheduled body of which—

(a)

one at least is an employment falling within paragraph (2)(b), and

(b)

one at least is an employment in which the contractual weeks in every period of 12 months are 35 or more but the contractual hours are fewer than 15,

then every employment falling within sub-paragraph (b) is a relevant employment, but an election under this regulation in respect of such an employment is of no effect unless an election is made in respect of an employment falling within sub-paragraph (a).

(5)

In paragraphs (2), (3) and (4), “the contractual weeks” means the number of weeks the employee is regularly or usually required to work by the scheduled body, and “the contractual hours” means the number of hours the employee is regularly or usually required to work by the scheduled body in each of those weeks.

(6)

Paragraph (1) shall not apply to—

(a)

a person who falls within regulation B1(12)(a) to (g), or

(b)

a person who—

(i)

was on 15th May 1974 a contributory employee or local Act contributor, and

(ii)

on 16th May 1974 became a pensionable employee, if there has since been no period of a day or more during which he was not a pensionable employee, or

(c)

any other person who was a pensionable employee on 31st March 1986 if there has since been no period of a day or more during which he was not a pensionable employee, or

(d)

a manual worker, unless—

(i)

he has completed 12 months' continuous employment with his employing body, or

(ii)

he entered or re-entered the employment of that body less than 12 months after completing at least 12 months' continuous employment with a scheduled body, or

(iii)

he has commenced relevant employment following the termination of non-local government employment, and within 12 months of commencing such relevant employment he elected, by notice in writing to the appropriate administering authority for that employment, to become a pensionable employee, and within that 12 months, he has undertaken to apply to have his pension rights relating to his non-local government scheme transferred to such administering authority or preserved in the non-local government scheme on becoming a pensionable employee, or

(e)

an employee of a scheduled body who are not a body specified in Part I of Schedule 3, unless they have by a statutory resolution as defined in regulation B1(13) specified him as a person, or specified a class of persons to which he belongs as a class of persons, to whom paragraph (1) is to apply, or

(f)

a part-time member of a fire brigade maintained under the Fire Services Act 1947^f1.

(7)

ion under this regulation may be made at any time by giving notice in writing to the employing authority, and—

(a)

subject to paragraphs (3) and (4), has effect from the date on which it is made, and

(b)

subject to regulation B4, continues to have effect so long as the person who made it remains in the employment in respect of which it was made.

(8)

An election made under regulation B2A of the 1974 Regulations shall continue to have effect as if it were an election under this regulation.

Annotations

Footnotes

f1: 1947 c. 41