# The Superannuation (Specification of Employments and Offices) Regulations 2013, Note: Explanatory note


(This note is not part of the Regulations)
Section 1 of the Superannuation Act 1972 (c.11) (“the Act”) permits the Minister for the Civil Service to make schemes which make provision for pensions and other benefits in respect of persons to whom section 1 applies. Section 1(4) of the Act provides that section 1 applies to civil servants and persons serving in employment or in an office listed in Schedule 1 to the Act. Section 1(4A) of the Act, inserted by section 29 of and Schedule 9 to the Public Service Pensions Act 2013, provides that section 1 also applies to persons serving in employment or in an office specified in a list produced for the purposes of section 1(4A). The employment or office must be one to which subsection (2), (3) or (4) of section 1A of the Act applies.
Subsection (4) of section 1A applies to employments or offices which are of a description prescribed by regulations under section 1A(4)(a) of the Act, where the Minister has determined that it is appropriate for the employment or office to be specified.
Regulation 3(1) prescribes, for the purposes of section 1A(4)(a), employments or offices where the individual appointed to that employment or office was a member, or eligible to be a member, of a scheme under section 1 of the Act by virtue of section 1(4) prior to the appointment. Regulation 3(2) prescribes, for the purposes of section 1A(4)(a), employments or offices which ceased to be of a kind mentioned in section 1(4) of the Act before 21st June 2006 where persons serving in the employment or office continued after the employment or office ceased to be of a kind mentioned in section 1(4) to be treated by the Minister for the Civil Service as if they were members of a scheme under section 1. 21st June 2006 is the date of the Judgment of the House of Lords in North Wales Training and Enterprise Council Ltd (t/aCeltec) v Astley and others ([2006] UKHL 29). In this case the House of Lords held that the employment contracts of the claimants had transferred to the Training and Enterprise Councils for a period during which it was thought they were still in employment in the civil service. Section 1A(5) of the Act provides that the Minister may specify such offices and employments for the purposes of section 1(4A) with retrospective effect.
Regulation 4 prescribes information which must be included in the list produced for the purposes of section 1(4A).
An Impact Assessment has not been prepared for this instrument as no impact on the costs of business or the voluntary sector is foreseen.

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Source: https://www.legislation.gov.uk/uksi/2013/1564/note (the official version)
Page: https://openlegislation.uk/superannuation-specification-of-employments-and-offices-regulations-2013/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.