Superannuation Act 1972

21 Employees of British Airways Board, British European Airways Corporation, British Overseas Airways Corporation, etc.

(1) For section 56 of the [1971 c. 75.] Civil Aviation Act 1971 (participation of employees of the British Airways Board in pension schemes established by the corporations) there shall be substituted the following section:—

“56 Pensions.

(1) The Board may, in the case of such of the persons mentioned in subsection (3) below as may be determined by it, pay such pensions, allowances or gratuities to or in respect of those persons as may be so determined, make such payments towards the provision of such pensions, allowances or gratuities as may be so determined or establish and maintain such schemes (whether contributory or not) for the payment of such pensions, allowances or gratuities as may be so determined.

(2) The Board may make arrangements with the corporations whereby any or all of the functions of the Board under subsection (1) above are to be performed by the corporations.

(3) The persons referred to in subsection (1) above are—

(a) employees of any member of the group ;

(b) employees of the board of trustees of any joint medical services of the group or of the corporations; and

(c) persons employed by any other person in connection with the management and administration of any scheme established and maintained by virtue of subsection (1) or (2) above.

(4) Section 24 of the [1967 c. 33.] Air Corporations Act 1967, (power to make regulations providing for pension schemes for employees of the corporations and certain other persons) shall cease to have effect, but any scheme established by virtue of regulations made under that section and in force immediately before the commencement of this section shall, unless and until terminated in accordance with its provisions, have effect as if—

(a) it had been established by virtue of subsection (2) above; and

(b) the persons in respect of whose service benefits may be provided under the scheme included, in addition to the persons mentioned in subsection (1) of the said section 24, the other persons mentioned in subsection (3) above;

and the reference in paragraph (c) of subsection (3) above to any scheme established and maintained by virtue of subsection (2) above shall be construed accordingly.

(5) The Board shall take such steps as it thinks expedient to secure the participation in such a scheme as is referred to in subsection (4) above, on such terms as it thinks fit (which may include terms as to the payment of contributions by participants and their employers and former employers or any of them), of such persons as the Board may determine, being employees of the Board or a joint subsidiary or an undertaking which is a subsidiary by reference to share capital held by, or a power to appoint directors vested in, the Board.

(6) Where a participant in any such scheme as is referred to in subsection (3)(c) above becomes—

(a) a member of the Board or of either of the corporations, or

(b) a director of any other member of the group,

his service as such a member or director (whether before or after the passing of this Act) shall be treated for the purposes of the scheme as if it were service as an employee of the member of the group, the board of trustees or other person, as the case may be, in whose employment he was or was treated for those purposes as being when he became such a member or director.”

(2) The following enactments are hereby repealed, namely—

(a) in the [1967 c. 33.] Air Corporations Act 1967, section 24, in section 29 the words from " and the transfer" to the end, section 30 and in Schedule 2, Part II;

(b) in the [1968 c. 61.] Civil Aviation Act 1968, section 25(2)(b) and the word " and" immediately preceding that paragraph ; and

(c) in the [1971 c. 75.] Civil Aviation Act 1971, in Schedule 10, paragraph 20.