The Local Government Superannuation (Membership) Regulations 1993

• Citation: S.I. 1993/3043
• Sections: 6

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Local Government Superannuation (Membership) Regulations 1993 and shall come into force on 1st January 1994, but regulations 3, 4 and 5 shall have effect as from 1st January 1993.

(2) In these Regulations “the principal Regulations ” means the Local Government Superannuation Regulations 1986 , unless the context otherwise requires, any expression which is and, also used in the principal Regulations has the same meaning as in those Regulations. Admission of employees of certain bodies

Section 2 Citation, commencement and interpretation

(1) Subject to paragraphs (2) and (3), the principal Regulations shall be amended—

(a) in regulation B3(8), by deleting sub-paragraphs (c) and (d); and

(b) by deleting regulation B4.

(2) Subject to paragraph (3), where an administering authority has made an admission agreement under regulation B3 of the principal Regulations at any time before 1st January 1994 with a body (“the employing body”) which immediately before that date is either —

(a) specified in regulation B3(8)(c) or (d), or

(b) deemed to be specified in regulation B3(8) by virtue of regulation B4 of the principal Regulations, it shall continue to be treated as an admission agreement for the purposes of the principal Regulations.

(3) Where

(a) immediately before 1st January 1994 the employing body is a company under the control of a body described in column (1) of Part I of Schedule 2, and

(b) on or after 1st January 1994 the employing body ceases to be a company under the control of a body so described, the admission agreement shall cease to have effect at the time the employing body ceases to be a company under the control of a body so described and any employee of the employing body shall no longer be entitled to participate in the benefits of the superannuation fund maintained by the administering authority with whom the agreement was made and, accordingly, shall no longer be an admitted employee. Appropriate superannuation fund

Section 3 Citation, commencement and interpretation

Regulation C1 of the principal Regulations shall be amended by inserting after paragraph (1) the following paragraph—

(1A) In relation to a person who is a pensionable employee of a company under the control of a body described in column (1) of Part I of Schedule 2, the appropriate superannuation fund is the fund which, in accordance with this regulation, is the appropriate superannuation fund in relation to a pensionable employee of that body.

Section 4 Glossary of expressions

Schedule 1 to the principal Regulations shall be amended by inserting after the entry relating to the expression “The Common Council” the following entry—

The same meaning as in section 68 or, as the case requires,section 73 of the Local Government and Housing Act 1989 subject to the following modifications —

any direction made by the Secretary of State under section 68 shall be disregarded; and

any references to a local authority in those sections shall be treated as references to a body described in column (1) of Part I of Schedule 2.

Section 5 Pensionable employees

Part II of Schedule 2 to the principal Regulations shall be amended by adding at the end the words

A whole-time employee or a variable-time employee of a company under the control of a body described in column (1) of Part I of Schedule 2, who—

(a) immediately before the start of his employment with the company, was employed by a body so described, and

(b) is not an admitted employee.

Section 6 Right of Appeal.

The provisions of Part N of the principal Regulations (determination of questions and appeals) shall apply in relation to rights and liabilities arising by virtue of these Regulations as they apply in relation to rights and liabilities under the principal Regulations.