Article 2
1. Subject to paragraph 3, the functions, property, rights and liabilities which are transferred by article 2 are —
(a)the functions of the Greater Manchester Residuary Body and the Merseyside Residuary Body as administering authority under the Local Government Superannuation Regulations 1986, together with the superannuation fund maintained by those bodies and all property, rights and liabilities of those bodies in respect of it;
(b)the functions, rights and liabilities of those bodies in respect of pensions payable by them otherwise than under those Regulations; and
(c)without prejudice to the foregoing, the functions, rights and liabilities which are vested in or fall to be discharged by those bodies under or by virtue of section 61 of the Act (payment of pensions increases).
2. In paragraph 1(b), references to pensions include references to —
(a)allowances, grants or other benefits in respect of past service, death, injury or disease (whether of the pensioner or another person);
(b)compensation under regulations made under section 24 of the Superannuation Act 1972(1); and
(c)any other such compensation as is mentioned in section 8(1)(b) of the Pensions (Increase) Act 1971.
3.—(1) There shall not transfer under article 2 the functions of the Greater Manchester Residuary Body or the Merseyside Residuary Body in crediting a person with a period of additional service under regulation 5 of the Local Government (Compensation for Premature Retirement) Regulations 1982(2).
(2) There shall not transfer under article 2 any matter relating to the payment of compensation for loss of employment or loss or diminution of emoluments arising with respect to an employment with the Greater Manchester Residuary Body or the Merseyside Residuary Body unless that compensation is —
(a)compensation under the Local Government (Compensation for Premature Retirement) Regulations 1982 payable in consequence of a person having been credited by one of those bodies with a period of additional service under regulation 5 of those Regulations;
(b)compensation under Part II of the Local Government Reorganisation (Compensation) Regulations 1986(3) payable in consequence of a person being treated as having been credited with a period of additional service under regulation 3(2)(b)(i) of those Regulations, or compensation under Part III of those Regulations; or
(c)compensation under rights preserved by section 53(3) of the Act which falls to be calculated by reference to a person having been credited with a period of additional service.
(3) There shall not transfer under article 2 any matter relating to the payment of compensation for loss of employment or loss or diminution of emoluments arising with respect to an employment with a body other than the Greater Manchester Residuary Body or the Merseyside Residuary Body if that compensation is —
(a)compensation under Part VI of the Employment Protection (Consolidation) Act 1978(4) (including that Part as applied by section 59 of the Act) or Part II of the Local Government (Compensation for Redundancy and Premature Retirement) Regulations 1984(5);
(b)compensation under Part II of the Local Government Reorganisation (Compensation) Regulations 1986 which is not payable in consequence of a person being treated as having been credited with a period of additional service under regulation 3(2)(b)(i) of those Regulations; or
(c)compensation under rights preserved by section 53(3) of the Act, or under rights arising by virtue of section 59(4) of the Act, which does not fall to be calculated by reference to a person having been credited with a period of additional service.
(4) There shall not transfer under article 2 any matter relating to the making of payments under a scheme made pursuant to section 59(3) of the Act.
(5) There shall not transfer under article 2 any matter relating to the payment of compensation under paragraph 3(3) of Schedule 13 to the Act.
(6) There shall not transfer under article 2 any rights of the Greater Manchester Residuary Body to recover sums paid unlawfully by the Greater Manchester County Council to any of its employees or former employees.
(7) There shall not transfer under article 2 any matter mentioned in paragraph 1(c) of this Schedule (payment of pensions increases) in cases where the functions of the Greater Manchester Residuary Body or the Merseyside Residuary Body with respect to the payment of the pension by reference to which the relevant increase is payable are not transferred under that article.
S.I. 1986/151.
1978 c. 44; Part VI was amended by the Employment Act 1980 (c. 42), Schedule 2, by the Employment Act 1982 (c. 46), Schedule 2, paragraph 6, Schedule 3, paragraph 2 and Schedule 4, and by the Wages Act 1986 (c. 48), section 27 and Schedule 4, paragraph 8; it also has effect in certain cases as modified by the Redundancy Payments (Local Government) (Modification) Order 1983 (S.I. 1983/1160, amended by S.I. 1985/1872).
S.I. 1984/740.