The Local Government Pension Scheme Regulations 1997

Supplementary provisions about employees within regulation 127

128.—(1) Members within regulation 127(1) 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(1) or section 7 of the London County Council (General Powers) Act 1938(2)—

(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(3) or, as the case may be, the body incorporated under Part III of the Education Act 1996(4), 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(5) 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.

(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.

(1)

1929 c. 1xxxvii.

(2)

1938 c.xxxviii.

(3)

1988 c. 40; section 122A was inserted by the Further and Higher Education Act 1992 (c. 13), section 74(1).

(4)

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

(5)

1992 c. 13.