SPECIAL CASES

CHAPTER I

ELIGIBILITY

127.-(1) A person may be an active member if he is an employee of-

(a) the governors of any voluntary school maintained but not provided by a local education authority the governing body of a voluntary school, (SI1999/1212)

(aa) the governing body of a grant-maintained or grant-maintained special school or, from 1st September 1999, of a foundation or foundation special school (within the meaning of the School Standards and Framework Act 1998) maintained by a local education authority;  (SI1999/1212) or

(b) the governing body of any polytechnic, technical institute or other similar institution which is for the time being aided by a local education authority under the Education Act 1996,

and the local education authority have, with the consent of his employer, by a statutory resolution specified him or a class of employees to which he belongs as being eligible to belong to the Scheme.

(1A) During the period beginning on 1st April 1999 and ending immediately before 1st September 1999 a grant-maintained or grant-maintained special school shall, for the purpose of this regulation, be treated as a school maintained by a local education authority. (SI1999/1212)

(2) A person who immediately before 1st April 1974 was a contributory employee in the employment of any such governors or (SI1999/1212) governing body may be an active member while he continues in employment with them.

(2A) A person may be an active member if he is an employee of the governing body of a school which prior to 1st April 1999 passed a resolution under regulation 4(5) and he is either-

(a) an employee specified in such resolution, or
(b) within the class of employees specified in that resolution. (SI1999/1212)

  (2B) A person may be an active member if he is an employee of the governing body of a school which prior to 1st April 1999 was a Scheme employer. (SI1999/1212)

(3) A person may be an active member if immediately before that date he was in employment with the London Transport Executive and by virtue of section 18(4) of the Transport (London) Act 1969 entitled to participate in the benefits of the superannuation fund maintained under Part I of the Act of 1937 by the Greater London Council or Newham London borough council, if he continued up to 29th June 1984 in employment with the London Transport Executive and continues in employment with London Regional Transport.

(4) But paragraph (3) is subject to any order made by the Secretary of State under section 74 of the Transport Act 1962.

(5) A person may be an active member if immediately before 1st April 1974 he-

(a) was a justices' clerk (inner London area) or other officer employed by the committee of magistrates for the inner London area, and

(b) was by virtue of regulation 2(1) of the Superannuation (Inner London Magistrates' Courts) Regulations 1965 entitled to superannuation rights corresponding with those to which he was entitled in respect of his service before 1st April 1965 as a justices' clerk in the county of London or an officer employed by the County of London Magistrates' Courts Committee.

(6) But paragraph (5) does not apply to a person if there has been a period of 12 months or more since 1st April 1974 during which he was not within paragraph (5)(a) nor an officer employed by the magistrates' court committee for the inner London area or, since 1st April 2001, by the Greater London Magistrates' Courts Authority. (SI2001/1481) (SI2007/228)

128.-(1) Members within regulation 127(1), (2A) or (2B) (SI1999/1212) are deemed to be in employment with the relevant local education authority.

(2) A member within regulation 127(2) who-

(a) is an employee of the governors of a voluntary school which on 1st April 1974 became maintained by a local education authority for an area outside Greater London, and

(b) is a contributory employee by virtue of his having been such an employee in that employment,

is deemed to be in employment with that authority.

(3) A member within regulation 127(2) who was specified as a contributory employee by a resolution of an education authority under section 3(2)(f) of the Act of 1937 is deemed to be in employment with that authority.

(4) A member within regulation 127(2) who was specified as a contributory employee by a resolution of the Greater London Council under section 53 of the London County Council (General Powers) Act 1929 or section 7 of the London County Council (General Powers) Act 1938-

(a) if he was in the employment of any such governors as are mentioned in regulation 127(1)(a), is deemed to be in employment with the London Borough to which the school was transferred by virtue of the Education Reform Act 1988 or, as the case may be, the body incorporated under Part III of the Education Act 1996, Part II of the Education Act 1993 or Chapter IV of Part I of the Education Reform Act 1988;

(b) if he was in the employment of any such governing body as is mentioned in regulation 127(1)(b), is deemed to be in employment with such of the bodies mentioned in section 121, 122, 122A or 129 of the Education Reform Act 1988 or section 15, 16, 28 or 47 of the Further and Higher Education Act 1992 as may in the circumstances be most appropriate.

(5) These Regulations apply to a person within regulation 127(3), as if London Regional Transport were a Scheme employer.

(6) These Regulations apply to a person within regulation 127(5), as if the committee of magistrates for the inner London area were a Scheme employer. (SI2007/228)

(7) If a person is deemed to be employed by a Scheme employer under this regulation references in these Regulations to employment by or under such an employer and all similar expressions include him.

129.-(1) For these Regulations every employee of a subsidiary (other than a public transport company) of a passenger transport executive is deemed to be in employment with that executive.

(2) For these Regulations every employee of a public transport company ("the first company") in relation to whom a resolution under regulation 4 of the Local Government Superannuation (Miscellaneous Provisions) Regulations 1986 has effect is deemed to be in employment with the passenger transport executive or district council which passed the resolution.

(3) If a person in relation to whom such a resolution has continued to have effect becomes an employee of another public transport company ("the second company"), then for these Regulations he is deemed to be in employment-

(a) if the second company's controlling authority-

(i) is not the body which passed the resolution or a composite authority of which that body was a component council, but

(ii) is an authority which has, or a composite authority each of whose component councils has, passed such a resolution,

with the controlling authority of the second company (or, where that authority is a composite authority, with such one of its component councils as the authority may decide), and

(b) if the second company is a subsidiary of a passenger transport authority and has employees to whom paragraph (2) applies by virtue of such a resolution, with the passenger transport executive or district council which passed the resolution.

(4) If the undertaking of the first company is divided among two or more companies formed under section 61 of the Transport Act 1985 by a passenger transport authority, an employee of any one of those companies ("the transferee company") in relation to whom such a resolution has continued to have effect is deemed for these Regulations to be in employment with the passenger transport executive which passed the resolution.

(5) Paragraphs (3) and (4) do not apply where the person in question becomes an employee covered by an admission agreement.

(6) If a person to whom paragraph (2), (3) or (4) applies becomes an employee of a subsidiary of the first company, the second company or the transferee company, paragraph (2), (3) or (4), as the case may be, continues to apply to him as if he had remained an employee of the parent company.

(7) But those paragraphs cease to apply if the first company, the second company or, as the case may be, the transferee company ceases to be a public transport company.

(8) If a person is deemed to be employed by a Scheme employer under this regulation, references in these Regulations to employment by or under such an employer and all similar expressions include him.

(9) In this regulation-

(a) "controlling authority", "composite authority" and "component council" have the meanings given in section 72 of the Transport Act 1985, and

(b) "subsidiary" has the meaning given in section 137(1) of that Act.

 

130.-(1) For these Regulations every employee of a public airport company ("the first airport company") in relation to whom a resolution under regulation 2 of the Local Government Superannuation (Miscellaneous Provisions) Regulations 1987 has effect is deemed to be in employment with the body which passed the resolution.

(2) If a person in relation to whom such a resolution has continued to have effect becomes an employee of another public airport company ("the second airport company") whose controlling authority-

(a) is not the body which passed the resolution or a composite authority of which that body was a constituent council, but

(b) is an authority which has, or a composite authority one at least of whose constituent councils has, also passed such a resolution,

then, for these Regulations he is deemed to be in employment with the controlling authority of the second airport company (or, where that authority is a composite authority, with such one of its constituent councils as the authority may decide).

(3) Paragraph (2) does not apply if he becomes an employee covered by an admission agreement.

(4) If a person to whom paragraph (1) or (2) applies becomes an employee of a subsidiary of the first airport company or, as the case may be, the second airport company, paragraph (1) or, as the case may be, paragraph (2) continues to apply to him as if he had remained an employee of the company in question.

(5) But those paragraphs cease to apply if the first airport company or, as the case may be, the second airport company ceases to be a public airport company.

(6) If a person is deemed to be employed by a Scheme employer under this regulation, references in these Regulations to

employment by or under such an employer and all similar expressions include him.

(7) In this regulation-

(a) "controlling authority", "composite authority" and "constituent council" have the meanings given in section 16 of the Airports Act 1986; and

(b) "subsidiary" has the meaning given in section 82(1) of that Act.

Persons appointed by the Secretary of State under the Greater London Authority Act 1999 

130A.  (SI2000/1164) - (1) A person appointed by the Secretary of State under section 407 of the Greater London Authority Act 1999 on terms and conditions that he is to be a member of the Scheme may be an active member while his employment with the Secretary of State lasts.

    (2) These Regulations apply to such employment with the Secretary of State in the same way as if the Secretary of State were a Scheme employer.

    (3) The appropriate fund for a person mentioned in paragraph (1) shall be the fund maintained by the London Pensions Fund Authority.

Greater London Authority Act 1999 - persons whose employment is transferred to the Secretary of State 

130B.  (2000/1164)- (1) A person who prior to 1st April 2000 was in local government employment and whose employment is transferred to the Secretary of State by virtue of sections 408 to 410 of the Greater London Authority Act 1999 may be an active member while in that employment.

    (2) These Regulations apply to such employment with the Secretary of State in the same way as if the Secretary of State were a Scheme employer.

    (3) The appropriate fund for a person mentioned in paragraph (1) shall be the fund maintained by the London Pensions Fund Authority

130C.  - (1) A person may be an active member if he is employed in the service of the Secretary of State's function of providing rent officers with clerical and other assistance as mentioned in regulation 2 of the Transfer of Undertakings (Protection of Employment) (Rent Officer Service) Regulations 1999 and - 

(a) immediately before 1st October 1999 he was a member, or eligible to be a member, of the Scheme and was employed by a local authority for the purposes of providing rent officers with clerical and other assistance, and

(b) on 1st October 1999 he became employed in the civil service of the State for the purposes of providing such clerical and other assistance.

    (2) For the purposes of these regulations every member within paragraph (1) is deemed to be in employment with the London Pensions Fund Authority.

    (3) A person described in paragraph (1) may be a member notwithstanding that he is in employment in the civil service of the State and regulation 6(1) shall not apply.

131.-(1) A person may be an active member if he is an eligible officer.

(2) These are eligible officers-

(a) a registration officer;

(b) a coroner (other than an excepted coroner);

(c) a person who immediately before 1st April 1974 was a member of a passenger transport executive or a director of a subsidiary of a passenger transport executive, who was a contributory employee in that position and continues in it;

(d) a justices' clerk (outside the inner London area) other than a justices' clerk for the Greater London Magistrates' Courts Authority who is not within a class of employees specified by that Authority in a relevant resolution (within the meaning of regulation 4(5); (SI2001/1481) (SI2007/228)

(e) the Mayor of London;  (SI2000/1164)

(f) a member of the London Assembly; (SI2000/1164)

(g) the chairman of the London Transport Users' Committee. (SI2000/1164)

(h) an eligible councillor (SI2003/1022)

(3) These are excepted coroners-

(a) the Queen's coroner and attorney;

(b) the coroner of the Queen's household;

(c) a coroner who held office immediately before 6th April 1978 and did not elect in accordance with article 3(b) of the Social Security (Modification of Coroners (Amendment) Act 1926) Order 1978, that the provisions of the Coroners (Amendment) Act 1926 relating to pensions should not apply to him.

(4) If a registration officer is an active member, he must be treated as being in employment with the local authority who made the scheme under section 14 of the Registration Service Act 1953 for the district in or for which he acts.

(5) If a coroner is an active member, he shall be treated-

(a) if appointed by a metropolitan county council or the Greater London Council, as being in employment with the relevant council for the purposes of section 13 of the Local Government Act 1985;

(b) if appointed by the Common Council, as being in employment with that Council;

(c) if appointed by the council of a non-metropolitan county, as being in employment with that council.

(6) If a person mentioned in paragraph (2)(c) is an active member he must be treated as being in the employment of the passenger transport executive.

(7) If a justices' clerk is an active member and is not employed under a contract of employment, he must be treated as being in the employment of the magistrates' courts committee by which he was appointed or is deemed to have been appointed.

(8) A Local Commissioner must be treated as being in employment with the Commission for Local Administration of which he is a member.

(9) A person who has or is deemed to have been appointed as a rent officer in pursuance of a scheme under section 63 of the Rent Act 1977 must be treated as being in employment-

(a) where subsection (9) of that section applies (where registration area is a metropolitan county), with the district council designated by the relevant scheme made under that section; and

(b) otherwise, with the local authority for whose area the relevant scheme is made (or has effect as if made) under that section.

(9B) This paragraph applies to a person who - 

(a) was, or was eligible to be, an active member of the Scheme on 30th September 1999 by reason of his appointment as a rent officer; and

(b) is appointed on or after 1st October 1999 as a rent officer in England by the Secretary of State in pursuance of his powers under the Administration of the Rent Officer Service (England) Order 1999

without a break in the continuity of the appointment referred to in sub-paragraph (a). (SI2001/770)

(9C) For the purposes of paragraph (9B), "a break in the continuity of appointment" means a period of more than one month when the person was not appointed as a rent officer. (SI2001/770)

(9D) A person to whom paragraph (9B) applies is eligible to remain or become a member of the Scheme and must be treated as being in employment with the London Pensions Fund Authority. (SI2001/770)

(10) A member of a passenger transport executive or a director of a subsidiary of such an executive must be treated as being in employment with the relevant executive.

(11) But as respects such a member the passenger transport authority for which the relevant executive exercises its functions must consent to the relevant resolution mentioned in regulation 4(4).

(12) Regulation 132(1) applies to the persons holding the positions specified in paragraph (10) as it applies to an employee specified in that regulation.

(13) If the Mayor of London or a member of the London Assembly is an active member, he must be treated as being in the employment of the Greater London Authority. (SI2000/1164)

    (14) If the chairman of the London Transport Users' Committee is an active member, he must be treated as being in employment with that Committee. (SI2000/1164)

(15) If a councillor member is an active member, he shall be treated as being in the whole-time employment of the local authority of which he is a member and references to employment by or under such an employer and all similar expressions shall be construed accordingly. (SI2003/1022)

Separate employments etc.

132.-(1) Where a person holds separate employments under one Scheme employer, these Regulations apply as if each of them were with a different employer.

(2) This paragraph applies where a whole-time employee of a Scheme employer or a part-time employee with at least 30 contractual hours is also employed-

(a) as a returning officer at local government elections or at elections for the National Assembly for Wales (SI2001/770), or

(b) as an acting returning officer (including employment in the duties of a returning officer at an Assembly election which are required by regulations made under paragraph 2 of Schedule 1 to the European Assembly Elections Act 1978 to be discharged by an acting returning officer as a regional or local returning officer at a European Parliamentary election (SI2001/770)).

(3) Where paragraph (2) applies and the employee was in the whole-time employment or, as the case may be, the part-time employment immediately before 1st April 1974 and had duties in it which included one or both of the additional duties, each additional duty must be treated as a separate variable-time employment with a different Scheme employer from the Scheme employer with whom he is in the whole-time employment.

(4) Where paragraph (2) does and paragraph (3) does not apply, his employment for that duty (or those duties) must be treated as a (single) separate variable-time employment with a different Scheme employer.

(5) A person who-

(a) is a member in any employment, and

(b) is also a medical inspector of immigrants appointed under the Immigration Act 1971 who receives his pay in that appointment from a Scheme employer listed in Schedule 2,

is eligible to be an active member in that appointment and shall be deemed to be an officer in the employment of that Scheme employer.