The Local Government Superannuation (Local Government Reorganisation in England) Regulations 1994

• Citation: S.I. 1994/3221
• Sections: 5

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Local Government Superannuation (Local Government Reorganisation in England) Regulations 1994 and shall come into force on 6th January 1995.

(2) In these Regulations:

“the 1992 Act ” means the Local Government Act 1992 ;

“order” means an order under section 17 of the 1992 Act;

“the principal Regulations ” means the Local Government Superannuation Regulations 1986 and unless the context otherwise requires expressions which are also used in the principal Regulations have the same meaning as they have in those Regulations; and

“reorganisation date” in relation to an administering authority means the date on which, in pursuance of an order, any structural change or boundary change affecting that authority comes into effect.

Section 2 Actuary’s certificate and employer contributions.

(1) As soon as is reasonably practicable after their reorganisation date, an administering authority shall obtain from an actuary a certificate specifying, in respect of their fund, for each of the years, or, if appropriate, part of a year of the relevant period, the matters referred to in regulation P6(1) of the principal Regulations (common rate of employer’s contribution and individual adjustments).

(2) For the purposes of regulation P7 of the principal Regulations (employer’s contributions), such certificate shall be deemed to have been obtained and shall be treated as the certificate obtained under regulation P6 of the principal Regulations for the relevant period in place of any prior certificate obtained under regulation P6 in respect of a period which includes the relevant period.

(3) In this regulation, “relevant period” means the period beginning on the reorganisation date and ending on the 31st March before the next period of three years for which an administering authority is required under regulation P6 to obtain a certificate following receipt of an actuarial valuation and report under regulation P5 of the principal Regulations.

Section 3 Change of local government employment and fund authority

For the purposes of regulation Q2(1) of the principal Regulations (change of local government employment and fund authority), where the previous fund authority has ceased to exist, the body in whom the relevant superannuation fund or part thereof is vested by an order is to be treated as the previous fund authority.

Section 4 Employer’s functions and changes of fund authority

Where—

(a) a discretionary power exercisable by an employing authority (“the former employing authority”) under the principal Regulations becomes exercisable by a different employing authority (“the successor employing authority”) in relation to a person in consequence of an order, and

(b) it was the practice of the former employing authority to exercise that power in a way which was beneficial to employees,

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

Section 5 The principal Regulations

The principal Regulations shall be amended—

(1) in regulation Q2—

(a) in paragraph (1), by deleting the words “, subject to the following provisions of these regulations,”; and

(b) by deleting paragraphs (2) to (7) inclusive; and

(2) by deleting Schedule 19.