The Local Government Pension Scheme Regulations 1997

Eligibility for active membership: employees etc. of non-Scheme employers

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, 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(1),

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.

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

(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(2) 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(3).

(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(4) 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.

(1)

1996 c. 56. See section 579(5) and (6).

(2)

1969 c. 35.

(3)

1962 c. 46.

(4)

S.I. 1965/537.