CHAPTER II

MODIFICATIONS FOR CERTAIN EMPLOYEES ETC

Members who may retire at 70 etc.

Members employed by magistrates' courts committees

133.-(1) These Regulations apply to a justices' clerk (outside the inner London area) who is employed by a magistrates' courts committee with the modifications specified in paragraphs (3) to (11).

(2) These Regulations apply to any other person who is employed by a magistrates' courts committee with the modifications specified in paragraphs (5) to (11).

(3) For regulation 6(3) (latest retirement age) substitute-

"(3) A person may not become an active member after-

(a) his 70th birthday, or

(b) any earlier day after his 65th birthday when his total membership equals his permitted maximum.".

(4) In regulation 28(3) (enhanced membership period in cases of ill-health), regulation 52(2)(c) (power of employing authority to increase total membership) and paragraph 8(2)(b) of Schedule 4 (maximum addition under regulations 53 and 55) for "65" substitute "70".

(5) Where a member who is employed by two or more magistrates' courts committees does not receive separate pay for one or more of those employments ("the undifferentiated employment") his pay for the undifferentiated employment is-

(6) If a person is paid by different bodies as respects two or more clerkships under a magistrates' courts committee, they count for these Regulations as separate employments under separate Scheme employers.

(7) Paragraph (6) applies whether the person holds the clerkships himself or is employed to assist another person in them.

(8) Paragraph (6) does not apply for the purposes of regulation 74 (appropriate funds) or the provisions mentioned in paragraph (1)(a), (b) or (c) of that regulation.

(9) The body paying the person's pay is to be treated-

(10) A magistrates' courts committee are to report to the body paying the person's pay any decision made by them under-

(a) regulation 31 (early leavers: deferred retirement benefits and elections for early payment),

(b) regulation 52 (power of employing authority to increase total membership),

(c) regulation 53 (power of employing authority to increase total membership of new members),

(d) regulation 88(2) (direction for return of contributions despite offences etc. in connection with employment),

(e) regulation 111 (forfeiture of pension rights after conviction of employment-related offences), or

(f) regulation 112 (interim payments directions).

(11) Regulation 105 (appeals by administering authorities) has effect as if-

(a) a body receiving such a report were the administering authority maintaining the pension fund to which that body pays employer's contributions for the purposes of regulation 105(1), and

(b) paragraph (3) of regulation 103 were omitted.

Certain employees of the committee of magistrates for the inner London area

134.-(1) These Regulations apply with the modifications in paragraphs (3) to (7) to a person who-

(a) is eligible for membership by reason of regulation 127(5), and

(b) is a justices' clerk (inner London area).

(2) These Regulations apply to any other person who is so eligible with the modifications in paragraphs (5) to (7).

(3) For regulation 6(3) (latest retirement age) substitute-

"(3) A person may not become an active member after-

(a) his 70th birthday, or

(b) any earlier day after his 65th birthday when his total membership equals his permitted maximum.".

(4) In regulation 28(3) (enhanced membership period in cases of ill-health), regulation 52(2)(c) (power of employing authority to increase total membership on redundancy etc.) and paragraph 8(2)(b) of Schedule 4 (maximum addition under regulations 53 and 55) for "65" substitute "70".

(5) The Receiver for the Metropolitan Police District is to be treated-

(a) as employing the person for the purposes of regulation 79 (employer's contributions),

(b) as his employing authority for the purposes of regulation 80 (employer's further payments) and regulation 89 (deduction and recovery of member's contributions).

(6) The committee of magistrates are to report to the Secretary of State any decision made by them under-

(a) regulation 31 (early leavers: deferred retirement benefits and elections for early payment),

(b) regulation 52 (power of employing authority to increase total membership),

(c) regulation 53 (power of employing authority to increase total membership of new members),

(d) regulation 88(2) (direction for return of contributions despite offences etc. in connection with employment),

(e) regulation 111 (forfeiture of pension rights after conviction of employment-related offences), or

(f) regulation 112 (interim payments directions).

(7) Such a decision has no effect until approved by the Secretary of State.

Coroners

135.-(1) These Regulations apply with the following modifications to a coroner who is a member by reason of regulation 131(2)(b).

(2) For regulation 6(3) (latest retirement age) substitute-

"(3) A person may not become an active member after-

(a) his 70th birthday, or

(b) any earlier day after his 65th birthday when his total membership equals his permitted maximum.".

(3) In regulation 28(3) (enhanced membership period in cases of ill-health), regulation 52(2)(c) (power of employing authority to increase total membership on redundancy etc.) and paragraph 8(2)(b) of Schedule 4 (maximum addition under regulations 53 and 55) for "65" substitute "70".

Employees of probation committees

Employees of probation committees

136.-(1) These Regulations apply to a person employed by a probation committee with the following modifications.

(2) For an employee of the probation committee for the inner London area, the Receiver for the Metropolitan Police District is to be treated-

(a) as employing him for the purposes of regulation 79 employer's contributions),

(b) as his employing authority for the purposes of regulation 80 (employer's further payments) and regulation 89 (deduction and recovery of member's contributions).

(3) The probation committee for the inner London area are to report to the Secretary of State any decision made by them under-

(a) regulation 31(early leavers: deferred retirement benefits and elections for early payment),

(b) regulation 52 (power of employing authority to increase total membership),

(c) regulation 53 (power of employing authority to increase total membership of new members),

(d) regulation 88(2) (direction for return of contributions despite offences etc. in connection with employment),

(e) regulation 111 (forfeiture of pension rights after conviction of employment-related offences), or

(f)regulation 112 (interim payments directions).

(4) Such a decision has no effect until approved by the Secretary of State.

(5) The probation committee for an area other than the inner London area are to report any such decision made by them to the body or bodies responsible for meeting the committee's expenses.

(6) Regulation 105 (appeals by administering authorities) has effect as if-

(a) a body receiving such a report were the administering authority maintaining the pension fund to which that body pays employer's contributions for the purposes of Regulation 105, and

(b) paragraph (3) of regulation 103 were omitted.

(7) In the application of regulation 11 (length of period of membership) to part-time service as a probation officer, instead of the fraction mentioned in paragraph (4) of regulation 11, the appropriate fraction for each year of part-time service is the fraction-

(a) of which the numerator is the pay received by him in the year, and

(b) the denominator is the mean of the annual salary scale applicable to probation officers in respect of that year.

(8) For any year of part-time service before 1st April 1965, paragraph (7) applies as if the mean of the annual salary scale applicable to probation officers in respect of that year were-

(a) in a case where the date on which that year commenced was on or after 1st July 1937 and before 1st July 1944, for male officers �330 and for female officers �290;

(b) in a case where that date was on or after 1st July 1944 and before 1st December 1946, for male officers �375 and for female officers �330;

(c) in a case where that date was on or after 1st December 1946 and before 1st April 1954, for male officers �485 and for female officers �420;

(d) in a case where that date was on or after 1st April 1954, for male officers �620 and for female officers �555.

(9) Separate calculations must be made for each year of part-time service (and the calculation must be adjusted appropriately for periods of part-time service of less than a year).

(10) In the application of regulation 28(5) (enhanced membership periods in cases of ill-health) the appropriate fraction is the fraction specified in paragraph (7).

City of London and other contributory employees

Certain City of London employees and former contributors

137. Schedule 6 (certain City of London employees and other contributory employees) shall have effect.

Local government re-organisation

Transfers under the Local Government Act 1992 etc.

138.-(1) Where-

(a) a person leaves an employment in relation to which he is an active member, because he is transferred to another employment in the circumstances set out in paragraph (2), and

(b) apart from this paragraph, he would not be treated for regulation 31 (early leavers) as leaving a local government employment,

he must be so treated for that regulation.

(2) Those circumstances are-

(a) that he leaves that employment as a result of a transfer to another employment which is-

(i) an employment with the same employing authority at lower pay, or

(ii) an employment with a different employing authority; and

(b) that transfer is made by virtue or in consequence of-

(i) an order made under section 17 of the Local Government Act 1992,

(ii) the Local Government (Wales) Act 1994, or

(iii) the transfer to the Environment Agency under section 3(1)(a)(ii) or (b)(ii) of the Environment Act 1995 of the property, rights and liabilities of a waste regulation authority in England or Wales (as defined in section 56 of that Act).

"relevant benefit" means a benefit payable to, or in respect of, a person who before the commencement date-

(a) ceased to hold an employment in which he was an active member (whether or not he has subsequently become an active member again); or

(b) died while in such employment; and

"benefit" includes a return of contributions and any pension payable to a widow, widower or any dependant by virtue of a surrender.

(a) the election shall have effect in relation to the benefit only to the extent that it accrues or has accrued by virtue-

(i) of periods of membership before the cessation referred to in paragraph (3)(a) (or, if there has been more than one such cessation, the last of them before the commencement date); or

(ii) of contributions paid in respect of such periods of membership; and

(b) in determining entitlement to, or the amount of, the benefit to that extent, he shall be treated as if he had never become an active member again at any time after the cessation referred to in paragraph (2)(a) (but without prejudice to the application of this paragraph);