The Local Government Pension Scheme Regulations 1997

Further cases of eligibility: non-employees

131.—(1) A person may be an active member if he is an eligible officer.

(2) These are eligible officers—

(a) a registration officer;

(b) a coroner (other than an excepted coroner);

(c) a person who immediately before 1st April 1974 was a member of a passenger transport executive or a director of a subsidiary of a passenger transport executive, who was a contributory employee in that position and continues in it;

(d) a justices’ clerk (outside the inner London area).

(3) These are excepted coroners—

(a) the Queen’s coroner and attorney;

(b) the coroner of the Queen’s household;

(c) a coroner who held office immediately before 6th April 1978 and did not elect in accordance with article 3(b) of the Social Security (Modification of Coroners (Amendment) Act 1926) Order 1978(1), that the provisions of the Coroners (Amendment) Act 1926(2) relating to pensions should not apply to him.

(4) If a registration officer is an active member, he must be treated as being in employment with the local authority who made the scheme under section 14 of the Registration Service Act 1953(3) for the district in or for which he acts.

(5) If a coroner is an active member, he shall be treated—

(a) if appointed by a metropolitan county council or the Greater London Council, as being in employment with the relevant council for the purposes of section 13 of the Local Government Act 1985(4);

(b) if appointed by the Common Council, as being in employment with that Council;

(c) if appointed by the council of a non-metropolitan county, as being in employment with that council.

(6) If a person mentioned in paragraph (2)(c) is an active member he must be treated as being in the employment of the passenger transport executive.

(7) If a justices’ clerk is an active member and is not employed under a contract of employment, he must be treated as being in the employment of the magistrates’ courts committee by which he was appointed or is deemed to have been appointed.

(8) A Local Commissioner must be treated as being in employment with the Commission for Local Administration of which he is a member.

(9) A person who has or is deemed to have been appointed as a rent officer in pursuance of a scheme under section 63 of the Rent Act 1977(5) must be treated as being in employment—

(a) where subsection (9) of that section applies (where registration area is a metropolitan county), with the district council designated by the relevant scheme made under that section; and

(b) otherwise, with the local authority for whose area the relevant scheme is made (or has effect as if made) under that section.

(10) A member of a passenger transport executive or a director of a subsidiary of such an executive must be treated as being in employment with the relevant executive.

(11) But as respects such a member the passenger transport authority for which the relevant executive exercises its functions must consent to the relevant resolution mentioned in regulation 4(4).

(12) Regulation 132(1) applies to the persons holding the positions specified in paragraph (10) as it applies to an employee specified in that regulation.

(1)

S.I. 1978/374.

(2)

1926 c. 59.

(3)

1953 c. 37; section 14 was amended by the Local Government Act 1972 (c. 70), section 251, Schedule 29.

(4)

1985 c. 51.

(5)

1977 c. 42; section 63 was amended by the Local Government Act 1985 (c. 51), section 16, Schedule 8, the Housing Act 1988 (c. 50), sections 120, 121, 140, Schedules 14 and 18 and the Pension Schemes Act 1993 (c. 48), section 190, Schedule 8.