The London Authorities (Superannuation) Order 1965

Any reference in this order to a numbered article or schedule shall, unless the reference is to an article or schedule of a specified order, be construed as a reference to the article or schedule bearing that number in this order.

Except for the purposes of articles 14 and 15, references in this order to the superannuation fund maintained by any authority shall include references to the fund maintained under any combination scheme in which that authority is a constituent member.

In this order, unless the context otherwise requires, references to the provisions of any enactment or instrument shall be construed as references to those provisions as amended or re-enacted by any subsequent enactment or instrument.

The Interpretation Act 1889 shall apply to the interpretation of this order as it applies to the interpretation of an act of Parliament.

The superannuation fund vested in any authority mentioned in column (1) of schedule 1 (in this order referred to as a “transferor authority”) shall on 1st April 1965 by virtue of this order be transferred to and vest in the authority mentioned opposite thereto in column (2) of that schedule (in this order referred to in respect of that fund as the “successor authority”); and any such fund shall, subject to the provisions of article 13, be carried by the successor authority to the fund which they or the council of the borough are required to maintain under Part I of the Act of 1937, except that the funds vested in the corporation of the London borough of Bexley and the urban district council of Brentwood shall be held by them on trust for the Bexley and Swanscombe (Superannuation) Joint Committee and the South East Essex Superannuation Joint Committee respectively, and the former Committee shall be a successor authority for the purposes of this Order.

All liabilities attaching to a transferor authority in respect of their superannuation fund shall, subject to the provisions of this order, attach to the successor authority in respect of their superannuation fund.

Where a transferor authority would have become liable, or would have been empowered on the happening of an event, to make a payment out of their superannuation fund or take any other action in respect of any person who has ceased to participate in the benefits of the fund before 1st April 1965, then on the happening of that event such payment or action shall, or as the case may be, may, be made out of the superannuation fund of the successor authority or taken by that authority.

Where a person has ceased to contribute to the superannuation fund of a transferor authority before 1st April 1965 and has not become a contributor to any other superannuation fund maintained under Part I of the Act of 1937 or a local Act, the superannuation fund of the successor authority shall on and after that date be deemed to be the fund to which he was last a contributor.

Any liability of a transferor authority as pension authority within the meaning of the Pensions (Increase) Acts 1920 to 1962 shall become the liability of the successor authority.

Any liability of an authority or person to make payments into the superannuation fund of a transferor authority shall become a liability to make payments into the superannuation fund of the successor authority.

Subject to article 18, all contracts, deeds, bonds, agreements and other instruments subsisting in favour of, or against, and all notices in force which were given by or to a transferor authority or any other authority on their behalf for the purposes of their superannuation fund shall be of full force and effect in favour of, or against, the successor authority.

Any action or proceeding or cause of action or proceeding pending or existing at 1st April 1965 by or against the Middlesex Local Authorities Superannuation Joint Committee or any other transferor authority in respect of their superannuation fund shall not be prejudicially affected by reason of the Act or this order and may be continued, prosecuted and enforced by or against the successor authority.

The accounts of any authority or of their committees or officers relating to any superannuation fund transferred by this article shall be made up to 31st March 1965 and shall be audited in like manner and subject to the like incidents and consequences as if this order had not been made:

Provided that any sum certified by a district auditor at any such audit as due from any person shall be paid to the successor authority.

All legal proceedings pending on 1st April 1965 may be amended in such manner as may be necessary or proper in consequence of this order.

A successor authority shall not be required to obtain any actuarial valuation of, or report on, the assets and liabilities of any superannuation fund transferred by this order which was due at 31st March 1965, but, except for the funds mentioned in paragraph (2) of this article, shall arrange for the completion of any such valuation of, and report on, such a fund, whether required under section 22(3) of the Act of 1937 or any local Act or scheme, as at a date prior to 31st March 1965.

The successor authorities in the case of the superannuation funds maintained by the Middlesex Local Authorities Superannuation Joint Committee and the urban district council of Chislehurst and Sidcup shall respectively obtain actuarial valuations of, and reports on, the assets and liabilities of those funds upon the expiration of the period of six years ending 31st March 1965.

The county council of Kent shall obtain an actuarial valuation of, and a report on, the assets and liabilities of their superannuation fund upon the expiration of the period of six years ending 31st March 1965 in lieu of that required by section 22 of the Act of 1937 upon the expiration of the period of 5 years ended 31st March 1964, and the county council of Surrey and the South East Essex Superannuation Joint Committee shall obtain such valuations and reports on the assets and liabilities of their respective funds upon the expiration of the period of two years ending 31st March 1965.

The Greater London Council and the council of every London borough maintaining a superannuation fund under Part I of the Act of 1937 shall obtain an actuarial valuation of, and report on, the assets and liabilities of the fund upon, or at any time before, the expiration of the period ending on 31st March in the year mentioned opposite the authority in column (2) of schedule 2.

Any provision contained in or made under the Act of 1937 with respect to actuarial valuations or reports shall apply with any necessary modifications to the valuations and reports required by this article.

Article 23 shall not have effect for the purposes of section 29 of the Act of 1937 and, except in the cases mentioned in paragraph (2) of this article, transfer values shall be paid under the said section, 29, subject to paragraphs (3) and (4) of this article, in respect of every transferred employee, and where the fund relating to the former employment has been transferred by this order, they shall be paid by the successor authority holding the superannuation fund in the benefits of which the employee was entitled to participate on 31st March 1965.

Where a transfer value is payable in respect of a person to whom article 4 of the Interim Action Order applies and in consequence of action taken under that article his remuneration is higher or lower than it would have been if that article had not applied to him, no account shall be taken of that increase or decrease in determining his remuneration for the purposes of calculating the transfer value, but the transfer value shall be increased or decreased, as the case may be, by a sum equivalent to the aggregate of the contributions payable, or which would have been payable, by the employing authority and the employee in respect of the amount by which his remuneration was increased or decreased during the period for which article 4 of the Interim Action Order applied to him.

Where a transfer value payable in respect of a transferred employee does not take account of any such payments in respect of the employee as are referred to in article 8(7), the amount of the transfer value shall be increased by the amount of such payments made by the employing authority and the employee prior to the date of transfer.

Any payment to a superannuation fund which falls to be made by any authority mentioned in column (1) of schedule 4 to the Property Order in their capacity as employer in respect of any period before 1st April 1965 shall be made by the authority mentioned opposite such first mentioned authority in column (2) of that schedule.

Any notice given or other thing done for superannuation purposes by or to an authority as employer in respect of any transferred employee prior to his transfer shall have effect as if it had been given or done by or to the authority whose employment the transferred employee enters in consequence of the Act.

Notwithstanding anything in section 5(3) of the Pensions (Increase) Act 1944 or section 6(2) of the Pensions (Increase) Act 1959, any liability of an authority under either section as the last employing authority shall not be affected by reason only of any transfer of functions effected by or under the Act, but if the authority is mentioned in column (1) of schedule 4 to the Property Order, such liability shall be transferred to the authority mentioned in column (2) of that schedule opposite such first mentioned authority.

Where at any time before 1st April 1965 a part of any pension referred to in the last foregoing paragraph, payable by any authority mentioned in column (1) of schedule 4 to the Property Order, has been surrendered for the benefit of any spouse or other dependant, the payments due in respect of such surrender at any time after 1st April 1965 shall be made by the authority mentioned in column (2) of that schedule opposite such first mentioned authority.

Without prejudice to paragraphs (4) and (5) of this article where, if this order had not been made, any authority mentioned in column (1) of schedule 4 to the Property Order would, for any of the purposes of the Acts of 1937 to 1953, or any regulations or schemes made under those Acts, or of any local Act or local Act scheme, have been the employing authority or former employing authority in relation to a person who died before 1st April 1965 while in the employment of such authority or otherwise ceased to be employed by them before that date, or the widow or other dependant of such a person, the authority mentioned in column (2) of that schedule opposite such first mentioned authority shall be treated as being at that time the employing authority or former employing authority for those purposes in relation to that person, his widow or other dependant.

The Middlesex Local Authorities Superannuation Joint Committee (in this article referred to as “the Committee”) shall cease to exist, and subject to the provisions of this order, the superannuation fund and any other property of the Committee shall be transferred to and vest in the corporation of the London borough of Richmond upon Thames and the fund shall, subject to the provisions of article 13, be carried to their superannuation fund.

All liabilities attaching to the Committee (including any liabilities as pension authority within the meaning of the Pensions (Increase) Acts 1920 to 1962) with respect to the payment of superannuation benefits to or in respect of any former employee who was last employed by an authority mentioned in column (1) of schedule 3 or by any dissolved body to whose functions such authority has succeeded, including any liability with respect to the payment of superannuation benefits to a spouse or other dependant which arises after 1st April 1965 by reason of any surrender made before that date, shall attach to the authority mentioned opposite such first mentioned authority in column (2) of that schedule.

All liabilities of the Committee, other than those referred to in paragraph (2) of this article, shall attach to the corporation of the London borough of Richmond upon Thames and the Committee shall be treated for the purposes of this order as a transferor authority and the said corporation as its successor authority, except that for the purposes of any matter mentioned in paragraph (2) of this article the appropriate authority mentioned in column (2) of schedule 3 shall be treated as the successor authority in relation to that matter.

The accounts of the Committee and of its officers shall be made up to 31st March 1965 and shall be audited in like manner and subject to the like incidents and consequences as if this order had not been made;

provided that any sum certified by a district auditor at any such audit as due from any person shall be paid to the corporation of the London borough of Richmond upon Thames.

Any sum standing to the credit of the Committee's administration fund shall be apportioned between the constituent authorities of the Committee in accordance with article 10 of the Middlesex Local Authorities Superannuation Scheme 1938, but the sum so apportioned shall be applied in settlement of the liability under paragraph 6 of schedule 4 of the authority mentioned opposite such constituent authority in column (2) of schedule 3.

In relation to this order section 151 of the Local Government Act 1933 as applied by section 84(5) of the Act, shall have effect as though the Bexley and Swanscombe (Superannuation) Joint Committee were a public body within the meaning of the said Act of 1933.

All liabilities attaching to the South East Essex Superannuation Joint Committee (including any liabilities as pension authority within the meaning of the Pensions (Increase) Acts 1920 to 1962) with respect to the payment of superannuation benefits to or in respect of any former employee who was last employed by the Romford Borough Council or the Romford and Hornchurch Joint Sewerage Committee, including any liability with respect to the payment of superannuation benefits to a spouse or other dependant which arises after 1st April 1965 by reason of any surrender made before that date, shall attach to the council of the London borough of Havering, and that authority shall be the successor authority for the purposes of this order in relation to the liabilities transferred by this paragraph.

For the purposes of this order, section 151 of the Local Government Act 1933, as applied by section 84(5) of the Act, shall have effect as though the South East Essex Superannuation Joint Committee were a public body within the meaning of the said Act of 1933.

The superannuation funds maintained by the Middlesex Local Authorities Superannuation Joint Committee and by the South East Essex Superannuation Joint Committee shall be apportioned in the like manner in respect of the liabilities transferred by articles 9(2) and 11(2).

The provisions contained in schedule 4 shall have effect for the purposes of the apportionment required by paragraphs (1) and (2) of this article.

Where at any time after 1st April 1965 and before the date of transfer as defined in paragraph 3 of schedule 4 there is paid to any authority receiving an apportioned share of a superannuation fund under paragraph (1) of this article any sum by way of transfer value or repayment of contributions in respect of any period of service prior to 1st April 1965 of a transferred employee in respect of whom the apportionment has been made, the sum shall be paid to the authority making the apportionment and shall be deemed to have formed part of the apportioned superannuation fund immediately before 1st April 1965.

This article applies to transferred employees except those whose remuneration has been temporarily increased or decreased in consequence of article 4 of the Interim Action Order.

For the purposes of the Act of 1937, the appropriate superannuation fund in relation to any contributory employee to whom this article applies shall, so long as he continues without a break in the employment of the council of a London borough whose employment he enters in consequence of the Act, be the superannuation fund maintained by the Greater London Council.

In relation to any officer mentioned in paragraph (1) of this article the Common Council shall have and be subject to all the rights and liabilities of an employing authority under the Acts of 1937 to 1953 and the regulations made thereunder.

Any person who on 31st March 1965 is entitled by virtue of any provision to which this article applies to participate in the benefits of the superannuation fund maintained by the London County Council shall, so long as he remains in employment in which under article 21 he is entitled to superannuation rights corresponding with those which he previously enjoyed, be entitled to participate in the benefits of the superannuation fund maintained under Part I of the Act of 1937 by the Greater London Council; and subject to article 21, the Acts of 1937 to 1953 and the regulations made thereunder shall apply to him as if he were a contributory employee of the Greater London Council.

The provisions to which this article applies are:

• section 53 of the London County Council (General Powers) Act 1929;

• section 7 of the London County Council (General Powers) Act 1938;

• section 51 of the London County Council (General Powers) Act 1949; and

• section 48 of the London County Council (General Powers) Act 1957.

Any person who at 31st March 1965 is employed by a nationalised transport body and is by virtue of schedule 7 to the Transport Act 1962 entitled to participate in the benefits of the superannuation fund maintained by an authority mentioned in column (1) of the Table hereunder shall, so long as he remains in the employment of any nationalised transport body and subject to any order made by the Minister of Transport under section 74 of the Transport Act 1962, be entitled to participate in the benefits of the superannuation fund maintained by the authority set opposite such first mentioned authority in column (2) of the Table; and, subject to article 21 and to the provisions of section 80 of the London Passenger Transport Act 1933, section 120 of the London County Council (General Powers) Act 1937 and of any scheme made under section 36(4) of the Act of 1937 or section 3(3) of the Local Government Superannuation Act 1939, the Acts of 1937 to 1953 and the regulations made thereunder shall apply to him as if he were a contributory employee and the nationalised transport body for the time being employing him were a local authority:

Provided that nothing in this paragraph shall impose upon a nationalised transport body any liability to make any payments to a local authority under the Pensions (Increase) Acts 1920 to 1962 or the regulations made thereunder.

In this order the expression “nationalised transport body” means any of the Boards and the Transport Holding Company which were established by the Transport Act 1962 and any subsidiary of any of those Boards or the Holding Company.

Paragraphs (1) and (2) of this article shall apply in relation to any transfer under the Act of a transferred employee subsequent to the first such transfer as if such subsequent transfer had been the first.

Where a transferred employee to whom paragraph (2) of this article applies ceases to be employed by an authority to which he was transferred under the Act, or the body by which he was employed when he became entitled to participate in the benefits of a different superannuation fund, and subsequently enters a new employment in circumstances in which he is not a transferred employee and is entitled to reckon for superannuation purposes service in such previous employment, that service shall be reckonable in the like manner, and the employee shall in other respects have the like rights and be subject to the like obligations, as if he had moved to the new employment from the employment which he held immediately before he was first transferred under the Act or became entitled to participate in the benefits of a different superannuation fund, as the case may be.

Any transferred employee who was paying superannuation contributions immediately prior to his transfer at a rate appropriate to a servant shall continue to contribute at the like rate so long as he is employed without a break of twelve months or more by the authority to whose employment he was transferred on duties reasonably comparable to those in which he was engaged immediately prior to his transfer.

In this article the appropriate period during which any provision mentioned in paragraph (1) or (2) of this article is to continue to apply to a transferred employee means the period of application specified in the provision of the local Act or scheme or, if no period is so specified, the period during which the employee continues without a break of twelve months or more in the employment of an authority to which he was transferred under the Act or the body by which he was employed when he became entitled to participate in the benefits of a different superannuation fund.

Notwithstanding anything in article 21, section 6(5) of the Act of 1937 (which relates to the payment of superannuation contributions on the reduction or discontinuance of remuneration) shall apply to any transferred employee or other employee of a local authority who on or after 1st April 1965 suffers a reduction of remuneration which is attributable to anything done by or under the Act or any instrument (including any agreement made under section 24(7)) made under the Act:

Provided that the said section 6(5) shall so apply only so long as the employee continues without a break of 12 months or more in the employment in which he suffered the reduction of remuneration, whether in the same post or in some other post.

Where under section 6(5) of the Act of 1937 as applied by the last foregoing paragraph an employee pays contributions to a superannuation fund as if his remuneration had not been reduced, he shall be deemed, for the purposes of regulation 3(1) of the Local Government Superannuation (Benefits) Regulations 1954, proviso (b) to section 8(5) of the Act of 1937, or any corresponding provision applicable to him under article 21, to have received the remuneration which he would have received but for the reduction.

In calculating for the purposes of paragraph (1) or (2) of this article whether, or the amount by which, an employee's remuneration has been reduced, no account shall be taken of any increase or decrease in the amount of the employee's remuneration which is attributable to any sum paid or reduction made under article 4 of the Interim Action Order or of any increase in such amount which is attributable to any temporary allowance granted in consequence of the Act and otherwise than in the ordinary course of his employment.

The authority or body by which a transferred employee is first employed after his transfer shall as soon as may be notify him in writing of the effect of article 8(2) unless a notification is required by reason of circumstances mentioned in paragraph (1) of this article.

In the case of any transferred employee who was a contributory employee or local Act contributor immediately prior to the date on which he was transferred or became entitled to participate in the benefits of a different superannuation fund, the authority or body by which he is first employed after that date shall as soon as may be consider and decide whether he is affected by paragraph (1) or (2) of article 21 and, if so, shall inform him of his rights and liabilities under either paragraph; and regulations 7, 11(2), 13(2), 20, 21 and 22 of the said Regulations of 1954 shall apply in relation to any matter so decided.

Any transferred employee who, if the Act had not been passed, would have become a contributory employee or local Act contributor on the completion of any qualifying period of employment and compliance with any other conditions and who does not otherwise become a contributory employee or local Act contributor at any earlier date, shall, on completing the qualifying period of employment without any break, if he is otherwise qualified for that purpose and satisfies any other such conditions, become a contributory employee or, if he transferred to the employment of the Common Council otherwise than from the employment of the county council of London or Middlesex, a local Act contributor.

The successor authority in relation to any superannuation fund transferred by this order shall send to any person entitled to a benefit payable out of the fund a notification in writing of the name and address of the authority which is liable under this order to make the payment.

If any person to whom article 42 of the London County Council (Superannuation) Scheme 1958 applied immediately before 1st April 1965 thereafter enters the employment of the Greater London Council, the Common Council or the council of an inner London borough in the circumstances mentioned in paragraph (8) or (9) of that article, he shall be entitled to the like rights as he would have had under those paragraphs if he had re-entered the employment of the London County Council.

If any contributor to the London County Council's superannuation fund who had retired on grounds of ill-health before 1st April 1965 thereafter enters the employment of the Greater London Council, the Common Council or the council of an inner London borough, he shall be entitled to the like rights as he would have enjoyed under article 45 of the London County Council (Superannuation) Scheme 1958 if he had re-entered the employment of the London County Council.

Except as provided in paragraphs (2) and (3) of this article, any person who immediately prior to 1st April 1965 was in receipt of benefits payable out of the superannuation fund of any authority ceasing to exist on that day, shall, in the event of his re-employment by any local authority or other body, enjoy the like rights and be subject to the like obligations as if the Act had not been passed.

Any authority which becomes liable under this order to continue the payment of a pension to any person shall have the like power to make payments to the personal representatives, or to the spouse or other dependant of the person as was exercisable by the authority by which the pension was payable immediately prior to 1st April 1965; and where the power is discretionary, article 26 shall apply in relation to its exercise.

Where the rights and liabilities of a former employee of any authority or of his widow, dependants or legal personal representatives are affected by this order, section 35 of the Act of 1937 shall apply to any question concerning those rights and liabilities.

The local statutory provisions mentioned in column (1) of schedule 6 shall apply to the authorities mentioned opposite thereto in column (2) of that schedule with any necessary modifications, including the substitution for references to any council, to any employee or former employee of a council, or to any superannuation fund maintained by a council, of references to the authority so mentioned in column (2), to an employee or former employee of such an authority, or to the superannuation fund maintained by such an authority:

Provided that any such provisions which relate to the calculation of remuneration for superannuation purposes shall not apply in relation to any transferred employee except as provided in article 21.

The local statutory provisions mentioned in schedule 7 to the extent to which they are applied by paragraph (1) of this article shall have effect subject to the provisions of that schedule.

Section 17(2) of the London County Council (General Powers) Act 1932shall apply to any agreement with the Trustees of the Borough Market Southwark having effect under article 18 and to any agreement which the said Trustees may enter into under section 15 of the Local Government Superannuation Act 1953.

Any power to increase pensions conferred by this article on any authority mentioned in column (2) of the Table in article 20 shall be exercised by that authority in a way no less beneficial to persons in receipt of pensions than that in which the power was exercised immediately before 1st April 1965:

Provided that nothing in this paragraph shall impose upon a nationalised transport body, as defined in article 20(2), any liability to make any payments to a local authority under the Pensions (Increase) Acts 1920 to 1962 or the regulations made thereunder.

Subject to article 25, in the case of persons employed by the Greater London Council, the definition of “employee” in section 40 of the Act of 1937 shall not include a person whose employment is of a seasonal nature.