The Local Government Pension Scheme Regulations 1995

3.—(1) Where—

(a) a transferred employee has continued in the employment of his new employing body,

(b) immediately before he was transferred (whether before or after the commencement date) it was the prevailing practice of the body employing him, in relation to employees of that description, to exercise so as to secure the payment of, or of an increase in, allowances or pensions any discretionary power exercisable by them by virtue of any enactment relating to pensions, and

(c) that or any corresponding power becomes exercisable in relation to him,

the new employing body shall exercise the power in a way which is not less beneficial than the general character of that practice.

(2) Where—

(a) in consequence of regulation 3(1) of the Local Government Superannuation (Miscellaneous Provisions) Regulations 1986(1) a discretionary power becomes exercisable by any body; and

(b) it was the prevailing practice of the Greater London Council or, as the case may be, the metropolitan county council, to exercise that power in a way that was beneficial to employees,

the body shall exercise the power in a way which is not less beneficial than the general character of that practice.

(1)

S.I. 1986/380.