The Local Government Superannuation (Transferred Water Employees) (No. 2) Regulations 1983

• Citation: S.I. 1983/1268
• Sections: 8

Section 1 Citation and commencement

(1) These regulations may be cited as the Local Government Superannuation (Transferred Water Employees) (No. 2) Regulations 1983.

(2) The Local Government Superannuation Regulations 1974 to 1983 and these regulations may be cited together as the Local Government Superannuation Regulations 1974 to 1983.

(3) These regulations shall come into operation on 30th September 1983.

Section 2 Interpretation

In these regulations “ the principal regulations ” means the Local Government Superannuation Regulations 1974 and “ the 1983 regulations ” means the Local Government Superannuation (Transferred Water Employees) Regulations 1983.

Section 3 Elections as to superannuation terms

Regulation 4 of the 1983 regulations is amended—

(a) by substituting for the words “the National Water Council” in paragraphs (5) and (7) the words “the Severn-Trent Water Authority” ; and

(b) by substituting for the words “the Council” in paragraph (5) the words “that authority” .

Section 4 Preservation of rights on dissolution of National Water Council

The 1983 regulations are amended by inserting after regulation 5 the following:

Preservation of rights on dissolution of National Water Council

(5A)

(1) This regulation applies where—

(a) an election has been made under regulation 4(2) or (3)(b), or by virtue of regulation 5 the principal regulations are deemed to have been modified in accordance with Case A in Part IV of the Schedule, and

(b) the transferred employee has, not earlier than 9th May 1983, ceased to hold an employment under the National Water Council (“the first employment”) and has, within 12 months after ceasing to hold the first employment and without having entered any other employment in which he was or was deemed to be a pensionable employee, or which he held for a period of more than 3 months, entered a new employment which is—

(i) an employment under a water authority in which he becomes a pensionable employee, or

(ii) an employment in which he is admitted under an agreement made under regulation B4 of the principal regulations with the Severn-Trent Water Authority to participate in the benefits of a superannuation fund maintained by them.

(2) Subject to paragraph (4), where paragraph (1)(b)(i) applies the new employment shall for the purposes of the principal regulations as modified by these regulations be deemed to be a continuation of the first employment.

(3) Subject to paragraph (4), but notwithstanding anything in regulation B4 of the principal regulations, every agreement made under that regulation with the Severn-Trent Water Authority shall provide that where paragraph (1)(b)(ii) applies the transferred employee's rights and liabilities are to be those which he would have had by virtue of regulation 4 or 5 if the new employment had been a continuation of the first employment.

(4) Nothing in this regulation shall be taken—

(a) to make any contributions payable in respect of, or

(b) to make reckonable as reckonable service or as qualifying service,

any period between the cessation of the first employment and the commencement of the new employment.

Section 5 Continuation of certain rights and liabilities

Regulation 7 of the 1983 regulations is amended—

(a) by inserting after the words “1st April 1974” in paragraph (2) the words “, and the Severn-Trent Water Authority shall be deemed to have had from 30th September 1983” ; and

(b) by inserting at the end of paragraph (4)(b) the words “, and became on 30th September 1983 references to payment to or receipt from the fund maintained under those regulations by the Severn-Trent Water Authority” .

Section 6 Actuary's certificates

Regulation 8 of the 1983 regulations is amended by substituting for the words “the National Water Council” the words “the Severn-Trent Water Authority” .

Section 7 Right to opt out

Regulation 9 of the 1983 regulations is amended by substituting for the words “the National Water Council” the words “the Severn-Trent Water Authority” .

Section 8 Modification of principal regulations

(1) Where regulation 5A of the 1983 regulations applies by virtue of an election under regulation 4(3)(b) of those regulations, regulation E2 of the principal regulations as modified by paragraph 29 of the Schedule to the 1983 regulations applies as if references to the employee's new employing body included references to the water authority by whom he has become employed or, as the case may be, to the body who made the agreement under regulation B4 of the principal regulations.

(2) Where notice for the purposes of regulation E19 of the principal regulations as modified by paragraph 44 of the Schedule to the 1983 regulations was not given before 30th September 1983, it may be given to, and the time for giving it may be extended by, the Severn-Trent Water Authority.