STATUTORY INSTRUMENTS
2000 No. 2826
PENSIONS
The Local Government Pension Scheme (Merseyside Transport Limited)
Regulations 2000
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Made |
16th October 2000 |
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Laid before Parliament |
20th October 2000 |
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Coming into force |
10th November 2000 |
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The Secretary of State, in exercise of the powers conferred on him by section 7 of the
Superannuation Act 1972[1] and of all
other powers enabling him in that behalf, after consultation with such associations of
local authorities as appeared to him to be concerned, the local authorities with whom
consultation appeared to him to be desirable and such representatives of other persons
likely to be affected by the Regulations as appeared to him to be appropriate, hereby
makes the following Regulations:
Citation, commencement and interpretation
1. - (1) These Regulations may be
cited as the Local Government Pension Scheme (Merseyside Transport Limited) Regulations
2000 and shall come into force on 10th November 2000.
(2) In these Regulations -
"MTL Gilmoss" means MTL (Gilmoss) Limited, a company incorporated on 11th May
2000 with company number 3990677;
"the transfer date" means the date on which the transferred undertaking is
transferred to MTL Gilmoss;
(3) Unless the context otherwise requires, expressions which
are also used in the principal Regulations have the same meaning in these Regulations as
they have in those Regulations.
Employees of MTL Gilmoss
2. - (1) This paragraph applies to
a person -
(a) who is a member, or entitled to be a member, of the Scheme immediately before the
transfer date, and
(b) whose employment transfers from Merseyside Transport Limited to MTL Gilmoss on the
transfer date by reason of the transfer by Merseyside Transport Limited to MTL Gilmoss of
its undertaking of supplying bus services from a bus depot at Gilmoss, in Liverpool.
(2) Wirral Borough Council may make an admission agreement with
MTL Gilmoss in respect of the transferring employees.
(3) Such an admission agreement shall be treated
for the purposes of the principal Regulations as an admission agreement
made under regulation 5[3] and the principal Regulations shall apply
to employment with MTL Gilmoss in which a transferring employee is an
active member in the same way as if MTL Gilmoss were a Scheme employer.
Leaving the Scheme
3. If a transferring employee
ceases to be employed by MTL Gilmoss in the transferred undertaking -
(a) he ceases to be eligible for membership of the Scheme as an admission agreement
employee by reason of such employment; and
(b) for the purposes of the Scheme, he is treated as leaving local government employment.
Signed by authority of the Secretary of State
Beverley Hughes
Parliamentary Under-Secretary of State, Department of the Environment, Transport and the
Regions
16th October 2000
EXPLANATORY NOTE
(This note is not part of the Regulations)
The Regulations provide that employees of Merseyside Transport Limited
who are members of, or eligible to be members of, the Local Government
Pension Scheme ("the Scheme"), constituted by the Local Government
Pension Scheme Regulations 1997 ("the principal Regulations")
may remain in the Scheme or become members of the Scheme, after the transfer
of their employment to MTL (Gilmoss) Limited on the transfer by Merseyside
Transport Limited of its Gilmoss bus depot business.
Regulation 2 provides that the administering authority may enter into
an admission agreement in respect of such employees with MTL (Gilmoss)
Limited, notwithstanding that MTL (Gilmoss) Limited is not otherwise eligible
to be an admission body under the provisions of the principal Regulations.
Regulation 3 provides that such employees cease to be eligible to be members
of the Scheme if they cease to be employed by MTL (Gilmoss) Limited in
the transferred business.
Notes:
[1] 1972 c. 11.back
[2] S.I. 1997/1612; amended by S.I. 1998/1238, 2118, 1999/1212, 3438,
2000/1005, 1164.back
[3] Regulation 5 was substituted by S.I. 1999/3438, regulation 3 and
amended by S.I. 2000/1005, regulation 3.back
ISBN 0 11 018675 3
© Crown copyright 2000 |