Public Libraries and Museums Act 1964

1 (1) Subject to the following sub-paragraphs, any provisions contained in or made under—

(a) the Local Government Superannuation Acts 1937 to 1953, the Superannuation (Miscellaneous Provisions) Act 1948 or the National Insurance Act 1959, or

(b) any Act passed after the passing of this Act whereby any of those Acts is amended, extended or superseded, or

(c) any local Act under which any authority maintains a superannuation fund,

shall, in relation to a library officer transferred by the operation of this Act from one local authority to another, have effect (save in so far as, in the case of a provision coming into operation after the passing of this Act, the contrary is expressly provided) as if his employment by those authorities were one continuous employment.

(2) Sub-paragraph (1) above shall not have effect for the purposes of section 29 of the Local Government Superannuation Act 1937 (which provides for the payment of transfer values on a change from one superannuation fund to another), but, with respect to any transfer values which apart from any direction under this sub-paragraph would, in the case of a transfer of a library officer, be payable under the said section 29 by the administering authority or joint committee maintaining one superannuation fund (in this sub-paragraph referred to as the transferor fund) to the administering authority or joint committee maintaining another superannuation fund, the Minister of Housing and Local Government, if in the circumstances he considers it equitable to do so, may give directions for securing that—

(a) no such transfer values will be payable in consequence of the transfer;

(b) the assets comprised in the transferor fund will be apportioned in such manner as the administering authorities or joint committees concerned may agree or, in default of such agreement, the said Minister may determine; and

(c) in respect of such part of those assets as may be so agreed or determined, such financial adjustments (whether by way of the transfer of assets or the making of a payment or both) as may be so agreed or determined shall be made;

and any directions given under this sub-paragraph may include such incidental, supplementary and consequential provisions as the said Minister considers appropriate.

A direction shall not be given under section 11(4) of this Act with respect to any matter as to which a direction is authorised to be given under this sub-paragraph.

(3) In any case where the pensions provisions to which, by virtue of his employment as such, a library officer transferred by the operation of this Act is subject immediately before the transfer are not the same as the pensions provisions to which he becomes so subject immediately thereafter, the second-mentioned provisions shall have effect in relation to him as if they required him to make the like contributions (if any) as he would have been liable to make, and conferred on him rights corresponding with those which he would have enjoyed, if he had remained subject to the first-mentioned provisions, and as if they conferred on the authority to which he is transferred any discretionary power to pay pensions or increased pensions which was exercisable under the first-mentioned provisions by the authority from which he was transferred.

(4) Sub-paragraph (1) above shall not affect the power to make regulations under section 36(6) of the Local Government Superannuation Act 1937 with respect to such administrative action to be taken by local authorities as is mentioned in Schedule 3 to that Act, and, except as may be expressly provided in the regulations, shall not affect the operation of any such regulations.