The Water Authorities (Retirement of Chief Officers) Regulations 1974

PART I PRELIMINARY

Title and commencement

1.  These regulations may be cited as the Water Authorities (Retirement of Chief Officers) Regulations 1974 and shall come into operation on 22nd February 1974.

Interpretation

2.—(1) In these regulations, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:—

“accrued pension”, in relation to a person duly entitled, means—

(a)

if his relevant superannuation scheme provided benefits in which he had a right to participate, the pension to which he would have become entitled under that scheme in respect of every employment which he ceases to hold on the day immediately before the payment date according to the method of calculation (modified where necessary for the purpose of giving effect to these regulations) prescribed by that scheme if, at the date on which he ceased to be subject to that scheme, he had attained normal retiring age and complied with any requirement of that scheme as to a minimum period of qualifying service or contribution and completed any payments in respect of added years which he was in the course of making; and

(b)

in any other case, such portion of the pension (if any) of which he had reasonable expectations as the new authority consider equitable, having regard to any practice of the employing authority, his age, the length of his employment at the date of termination of his employment in consequence of the notice of election and all the other circumstances of the case;

“accrued retiring allowance”, in relation to a person duly entitled, means—

(a)

if his relevant superannuation scheme provided benefits in which he had a right to participate, any lump sum payment to which he would have become entitled under that scheme in respect of every employment which he ceases to hold on the day immediately before the payment date according to the method of calculation (modified where necessary for the purpose of giving effect to these regulations) prescribed by that scheme if, at the date on which he ceased to be subject to that scheme, he had attained normal retiring age and complied with any requirement of that scheme as to a minimum period of qualifying service or contribution and completed any payments in respect of added years which he was in the course of making; and

(b)

in any other case, such portion of the lump sum payment (if any) of which he had reasonable expectations as the new authority consider equitable, having regard to any practice of the employing authority, his age, the length of his employment at the date of termination of his employment in consequence of the notice of election and all the other circumstances of the case;

“the Act” means the Local Government Act 1972;

“added years”, in relation to a person duly entitled, means—

(a)

in the case of a contributory employee or local Act contributor, any additional years of service reckonable by him in his employment immediately prior to its termination, under regulation 12 of the Local Government Superannuation (Benefits) Regulations 1954(1), or any corresponding provision of a local Act scheme, or that regulation or any such provision as aforesaid as applied by or under any enactment, and includes any additional years of service which, having been granted under any such provision or under any similar provision contained in any other enactment or scheme, have subsequently become and are reckonable under or by virtue of interchange rules, and

(b)

in the case of any other person, any additional years of service, similar to those mentioned in paragraph (a) of this definition, reckonable by him under the relevant superannuation scheme,

being in either case additional years which were being purchased partly at the expense of the employer and partly at the expense of the person under arrangements which were entered into before the making of these regulations;

“chief officer” means a person employed by a water authority—

(a)

as clerk or chief officer on terms which on 1st October 1973 were negotiable by—

(i)

the National Joint Committee for Clerks and Treasurers of Water Boards and their Deputies,

(ii)

the Joint Committee for Water Engineers' Salaries, or

(iii)

the Joint Negotiating Committee for Chief Officers of Local Authorities,

(b)

who is not described in paragraph (a) of this definition, but is employed as clerk or secretary to that authority on terms which on 1st October 1973 were equivalent to those negotiable by—

(i)

the Joint Negotiating Committee for Clerks of County Councils, or

(ii)

the Joint Negotiating Committee for Town Clerks and District Council Clerks, or

(c)

who is not described in paragraph (a) or (b) of this definition, but is employed as clerk, chief executive, manager, secretary, chief financial officer, treasurer or engineer to that authority;

“contributory employee”, “local Act contributor” and “local Act scheme” have the same meanings as in the Local Government Superannuation Act 1937;

“deputy chief officer” means a person employed by a water authority as a deputy to a chief officer if—

(a)

the terms of his employment were on 1st October 1973 either negotiable by one of the Committees referred to in paragraph (a) of the definition of “chief officer” or equivalent to those negotiable by one of the Committees referred to in paragraph (b) of that definition, or

(b)

the terms of his employment were not on 1st October 1973 as described in paragraph (a) of this definition, but he holds his employment in the capacity of deputy to a chief officer in consequence of a resolution of the employing authority;

“enactment” means any Act or any instrument made under any Act;

“employing authority”, in relation to a person to whom these regulations apply, means the water authority by whom he is employed;

“fund authority”, in relation to any person, means the authority maintaining a superannuation fund or account in relation to that person;

“interchange rules” means rules made under section 2 of the Superannuation (Miscellaneous Provisions) Act 1948 (which provides for the pensions of persons transferring to different employment) and includes any similar instrument made, or having effect as if made, under any other Act which makes similar provision;

“local authority” means the Greater London Council, the council of any London Borough, the Common Council of the City of London and any authority specified in either section 1(10) or (11) of the Act (other than the council of an urban parish) or section 20(6) of the Act (other than a parish council, a parish meeting, a representative body of a parish and a common parish council);

“new authority” means—

(a)

in relation to a person who gives notice of election before 1st April 1974, the authority to whom he would, if he were to continue employment with his employing authority, be transferred by an order of transfer, subject to the provisions of regulation 14, and

(b)

in relation to a person who gives notice of election on or after 1st April 1974, the authority to whom he is transferred by an order of transfer;

“normal retiring age” has the meaning given by section 260(6) of the Act;

“notice of election” means a notice which complies with the provisions of regulation 4(2);

“order of transfer”, in relation to a person to whom these regulations apply, means an order made under the Act which, in accordance with the provisions of section 255 of the Act, contains a provision as to the transfer of that person;

“payment date”, in relation to any person, means the date on which the sums specified in regulation 5(1) become payable in accordance with the provisions of regulation 5(9);

“pension scheme”, in relation to a person duly entitled, means any form of arrangement associated with his employment for the payment of superannuation benefits, whether subsisting by virtue of enactment, trust, contract or otherwise;

“person duly entitled” means a person to whom these regulations apply as described in regulation 3(1) and who gives a notice of election, and to whom no notice of objection has been given as described in section 260(2) of the Act;

“reckonable service” has the meaning given by section 260(6) of the Act;

“recognised officer” has the meaning given by Schedule 1;

“relevant superannuation scheme” has the meaning given by section 260(6) of the Act;

“Water Act” means the Water Act 1973;

“water authority” means

(a)

any body specified in section 33(c) to (h) of the Water Act,

(b)

any local authority prior to 1st April 1974 exercising functions which on and after that date will, pursuant to the Water Act, be exercised by an authority specified in section 2(1) of the Water Act, and

(c)

any authority specified in section 2(1) of the Water Act.

(2) The holder of any office, appointment, place, situation or employment shall, for the purposes of these regulations, be regarded as an officer employed in that office, appointment, place, situation or employment and the expressions “officer” and “employment” shall be construed accordingly.

(3) In these regulations, unless the context otherwise requires—

(a) references to any enactment shall be construed as references thereto as amended, re-enacted, applied or modified by any subsequent enactment; and

(b) references to the Local Government Superannuation Act 1937 and the Local Government Superannuation (Benefits) Regulations 1954, shall, additionally, be construed as references thereto as having effect by virtue of paragraph 5(1) of Schedule 7 to the Superannuation Act 1972.

(4) References in these regulations to a numbered regulation or Schedule shall, unless the reference is to a regulation or a Schedule of specified regulations, be construed as references to the regulation or Schedule bearing that number in these regulations.

(5) References in any of these regulations to a numbered paragraph shall, unless the reference is to a paragraph of a specified regulation, be construed as references to the paragraph bearing that number in the first mentioned regulation.

(6) References in these regulations to the Act or a section of the Act shall be construed as references to the Act or that section of the Act as applied by section 34 of the Water Act.

(7) The Interpretation Act 1889 shall apply for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament.

(1)

(1954 II, p. 1595).