(1)Subject to the following provisions of this section—
(a)no person who by virtue of section 8(1) of this Act becomes an employee of one of the companies (in this section referred to as a “transferred employee”), and who immediately before the date of transfer is included in a pension scheme maintained by the Authority, shall cease to be included in that scheme by reason only that he has ceased to be employed by the Authority; and
(b)no transferred employee who immediately before the date of transfer is not included in such a pension scheme, but would have become eligible for inclusion in such a scheme on attaining an age or fulfilling a condition specified in the scheme, shall be precluded from becoming eligible for inclusion in that scheme by reason only that he has ceased to be so employed.
(2)Notwithstanding anything in the preceding subsection, a transferred employee shall not by virtue of that subsection be included in such a pension scheme at any time after he has with his agreement been included in a pension scheme maintained by the company of which he became an employee on the date of transfer.
(3)Subject to the next following subsection, a pension scheme maintained by the Authority may apply to persons, other than transferred employees, who are employed by either of the companies, as well as to—
(a)transferred employees to whom the scheme is applicable by virtue of subsection (1) of this section, and
(b)persons to whom the scheme is applicable apart from the provisions of this section.
F1(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)In respect of—
(a)any payments falling to be made by the Authority in consequence of the application by virtue of this section of a pension scheme maintained by the Authority to persons employed by either of the companies, or
(b)the accruing liability of the Authority for any such payments,
that company shall pay to the Authority such sums as may be agreed between the company and the Authority or as, in default of such agreement, the Secretary of State may direct.
(6)In addition to any person to whom any pension scheme maintained by the Authority is applicable apart from this subsection, any such scheme may also apply to any person employed by the Science Research Council who—
(a)immediately before 1st April 1969 was an employee of the Authority engaged in research in astrophysics at the Authority’s laboratory at Culham in the county of Oxford and on that date became an employee of the Council; or
(b)at any time after 31st March 1969 (whether before or after the commencement of this Act) was or is taken into the employment of the Council to undertake research in astrophysics at that laboratory.
(7)In this section any reference to a pension scheme maintained by the Authority is a reference to a scheme maintained under paragraph 7(2)(b) of Schedule 1 to the M1Atomic Energy Authority Act 1954.
Textual Amendments
F1S. 20(4) repealed (5.10.2004) by Energy Act 2004 (c. 20), ss. 197(4), 198(2), Sch. 23 Pt. 1; S.I. 2004/2575, art. 2(1), Sch. 1
Marginal Citations