PENSIONS Citation and commencement 1 1 These regulations may be cited as the Local Government Superannuation (Transferred Water Employees) Regulations 1983. 2 The Local Government Superannuation Regulations 1974 to 1982 and these regulations may be cited together as the Local Government Superannuation Regulations 1974 to 1983. 3 These regulations shall come into operation on 1st April 1983. Interpretation 2 1 In these regulations “ the principal regulations ” means the Local Government Superannuation Regulations 1974 and, unless the context otherwise requires, expressions used in these regulations have the same meaning as they have in the principal regulations and— “ the Metropolitan Water Board scheme ” means the Superannuation and Provident Fund established by a Scheme approved by the Metropolitan Water Board on 23rd April 1909, as amended from time to time; “ previous employing body ”, in relation to a transferred employee, means the body by which he was employed immediately before being transferred to or appointed by his new employing body; and “ the Training Boards' scheme ” means the rules of the Industrial Training Boards' Pension Fund (constituted by a definitive trust deed dated 20th July 1967) as in force on 31st March 1974. 2 In these regulations, unless the context otherwise requires, any reference to a regulation or to the Schedule shall be construed as a reference to a regulation contained in or to the Schedule to these regulations as the case may be, any reference to a paragraph shall be construed as a reference to a paragraph in the same regulation or, as the case may be, in the Schedule, and any reference to a sub-paragraph shall be construed as a reference to a sub-paragraph in the same paragraph. Persons deemed not to have become pensionable employees 3 1 A transferred employee— a whose new employing body is a body specified in column 1 in the Table below, b whose previous employing body was a body specified in relation to that authority in column 2, and c who was not before 1st October 1973 a contributory employee, shall be deemed not to have become a pensionable employee in the employment of his new employing body so long as he remains in their employment, whether in the same post or some other post. TABLE 1 2 New employing body Previous employing body The Thames Water Authority The Conservators of the River Thames The Lee Conservancy Catchment Board The Southern Water Authority The Thanet Water Board 2 In relation to a person deemed by virtue of paragraph (1) not to have become a pensionable employee— a the principal regulations shall be deemed to have been modified in accordance with paragraphs 35, 36(a) and (c) and 37 of the Schedule. b any employment in which he is deemed not to have become a pensionable employee shall for the purposes of regulations N7, N8, N10 and N11 of and Schedule 22 to the principal regulations be deemed to have been an approved non-local government employment in which he was subject to a statutory scheme, and c in respect of his ceasing to hold that employment and becoming employed in any local government employment a transfer value, calculated as if it had been payable under regulation N2 of the principal regulations, shall be offered by the Thames Water Authority or as the case may be the Southern Water Authority and accepted by the appropriate administering authority accordingly. Elections as to superannuation terms 4 1 This regulation applies— a to a transferred employee whose new employing body is the National Water Council or a water authority and whose previous employing body was the Water Supply Industry Training Board or the Metropolitan Water Board, and b to a person who after 31st March 1972 became entitled to retirement benefits under, or died while a contributor to, the Metropolitan Water Board scheme. 2 Where paragraph (1)(a) applies and the previous employing body was the Water Supply Industry Training Board, the person may elect that in their application to him from 1st April 1974 the principal regulations are to be deemed to have been modified in accordance with Parts I and III of the Schedule. 3 Where paragraph (1)(a) applies and the previous employing body was the Metropolitan Water Board, the person may— a where there was any entitlement to a benefit under Part E of the principal regulations before 6th April 1978, elect— i that in their application to him from 1st April 1974 the principal regulations are to be deemed to have been modified in accordance with Parts II and III of the Schedule, or ii that the principal regulations are to be deemed never to have applied to him, and b in any other case, elect that in their application to him from 1st April 1974 the principal regulations are to be deemed to have been modified in accordance with Parts II and III of the Schedule. 4 Where paragraph (1)(b) applies, the person may elect— a to be treated as if he had been a person to whom regulation K1 of the principal regulations applied and as if references in that regulation to the former regulations had where applicable been references to the Metropolitan Water Board scheme, or b to be treated as in sub-paragraph (a) and as if references to the principal regulations had been references to those regulations modified in accordance with Parts II and III of the Schedule. 5 An election under this regulation is to be made by giving notice in writing to the National Water Council; and notice is, subject to paragraph (7), to be given within 6 months after 1st April 1983 or such longer period as the Council may allow. 6 Any right to make an election conferred on a person by this regulation may, if he died before 1st April 1983 or dies within 6 months after that date without making an election, be exercised— a if the person was a man and has left a widow, by her, b if the person was a man and has not left a widow, or his widow has died without making an election, by his personal representatives, and c if the person was a woman, by her personal representatives. 7 Notice of an election made by a person's widow or personal representatives is to be given within 6 months after— a 1st April 1983, or b the date of his death if later, or such longer period as the National Water Council may allow. Modification of principal regulations in other cases 5 In their application from 1st April 1974 to a transferred employee— a whose new employing body is a body specified in column 1 in the Table below, and b whose previous employing body was a body specified in relation to that authority in column 2, the principal regulations shall be deemed to have been modified in accordance with the Case in Part IV of the Schedule specified in column 3. TABLE 1. 2. 3. New employing body Previous employing body Case The National Water Council The British Waterworks Association A The Thames Water Authority The Port of London Authority B The Southern Water Authority The Mid Kent Water Company The Chatham Water Company C The Wessex Water Authority The Trowbridge, Melksham and District Water Board C Modification of former regulations 6 1 Where— a regulation 3 applies to, or b an election under regulation 4(2) or (3) is made by, a person who became a contributory employee on 31st December 1973 by virtue of regulation 7 of the Local Government Superannuation (Miscellaneous Provisions) ( No. 2) Regulations 1973, he shall be deemed not to have become a contributory employee but to have continued during the period ending with 31st March 1974 to be a member of his former superannuation scheme. 2 In paragraph (1) “ his former superannuation scheme ” means the Training Boards' scheme or the Metropolitan Water Board scheme as the case may be. Continuation of certain rights and liabilities 7 1 This regulation applies where— a regulation 3 applies, or b an election is made under regulation 4(3)(a)(ii), or c a person entitled to make an election under regulation 4(4) does not do so. 2 Where this regulation applies in relation to a person, he and his new employing body or as the case may be the National Water Council shall be deemed to have had from 1st April 1974 the rights and liabilities they would have had on the relevant assumptions in paragraph (3), (4) or (5) as the case may be. 3 Where the previous employing body was the Conservators of the River Thames (“the Conservators”) or the Lee Conservancy Catchment Board (“the Board”), it is to be assumed— a that any scheme that applied in relation to the person immediately before 1st April 1974 by virtue of section 20 of the Superannuation Act 1972 has continued so to apply, and b that references in that section and in the scheme to the Conservators or, as the case may be, the Board became on 1st April 1974 references to the new employing body, and c where the previous employing body was the Conservators, that any undertaking given by them as to the payment of a gratuity was given by the new employing body. 4 Where the previous employing body was the Metropolitan Water Board, it is to be assumed— a that the Metropolitan Water Board scheme has continued after 31st March 1974 to have effect in relation to the person, and b that references in that scheme to payment to or receipt from the Fund became on 1st April 1974 references to payment to or receipt from the superannuation fund maintained under the principal regulations by the National Water Council. 5 Where the previous employing body was the Thanet Water Board, it is to be assumed— a that any rights retained by virtue of an election under section 154(5) of the Kent Water Act 1955 have continued to be exercisable after 31st March 1974, and b that any corresponding obligation imposed on the Thanet Water Board by section 154(2) of that Act became on 1st April 1974 an obligation of the new employing body. 6 Where paragraph (1)(c) applies, the reference in paragraph (2) to the new employing body is to be construed as a reference to the Thames Water Authority. Actuary's certificates 8 In preparing a certificate under regulation B8 of the principal regulations for any period beginning after 31st March 1986 in respect of the superannuation fund maintained by the National Water Council, the actuary is to take into consideration as circumstances peculiar to a new employing body— a the benefits provided by the principal regulations and these regulations in respect of transferred employees, and b any amount paid in to the fund in respect of the proceeds of the surrender of policies of insurance relating to such employees. Right to opt out 9 No provision of these regulations shall apply to any person to whom at any time before 1st April 1983 any benefit (including a return of contributions and any pension payable to a widow or any dependant by virtue of a surrender) was or is being paid or became or may become payable if— a he is placed by that provision in a worse position than he would have been if it had not applied in relation to that benefit; and b that provision relates to a benefit paid or payable in respect of a person who— i ceased before 1st April 1983 to hold an employment in respect of which he was a pensionable employee, or ii died before that date while still in such an employment; and c the first mentioned person, by notice in writing given to the National Water Council within 6 months after 1st April 1983, elects that that provision shall not apply to him. Right of appeal 10 The provisions of Part H of the principal regulations (determination of questions and appeals) shall apply in relation to rights and liabilities under these regulations as they apply in relation to rights and liabilities under the principal regulations. Tom King Secretary of State for the Environment 15th February 1983