The Water Reorganisation (Pensions etc.) Regulations 1989

Transfer of liabilities in respect of pensions etc.

4.—(1) Subject to paragraph (3), all liabilities relating to pensions payable to, or in respect of, any person to whom this paragraph applies which would, but for the 1989 Act, fall to be discharged on or after the transfer date by a water authority by virtue of any provision mentioned in Schedule 1 or 2 hereto (other than from a fund maintained for the purposes of regulations made under section 7 of the Superannuation Act 1972(1) shall become liabilities of the National Rivers Authority.

(2) Paragraph (1) applies to a person who has at any time been the chairman or otherwise been a member of or an employee of –

(a) a water authority;

(b) a former water authority(2); or

(c) the National Water Council(3).

(3) Paragraph (1) shall not apply to any liability relating to the payment of a pension which is not a preserved pension to, or in respect of, a person who –

(a) immediately before the transfer date is the chairman or other member of a water authority; and

(b) on that date becomes a director of a successor company or of a company nominated in accordance with section 82(1) of the 1989 Act as the nominated holding company of a successor company.

(1)

1972 c. 11.

(2)

The pensions liabilities of these bodies were transferred to the National Water Council by regulation J.2 of the Local Government Superannuation Regulations 1974 (S.I. 1974/520).

(3)

Established by section 4 of the Water Act 1973 (c. 37) and dissolved by the Water Act 1983 (Dissolution of the National Water Council) Order 1983 (S.I. 1983/1927). The Council’s liabilities in respect of payments of the kind to which these Regulations apply were transferred to the Severn-Trent Water Authority by the Water (Compensation) Regulations 1983 (S.I. 1983/1267), the Pensions Increase (Local Authorities etc. Pensions) (Amendment) Regulations 1983 (S.I. 1983/1315) and the Water (Pensions and Pension Liabilities) Regulations 1983 (S.I. 1983/1319).