The Local Government Superannuation Regulations 1986

Power to admit employees of other bodies

B3.—(1) Subject to paragraphs (3) to (6), an administering authority may make an agreement (“an admission agreement”) with any body specified in paragraph (8) providing for employees of that body (“ the employing body”) to participate in the benefits of the superannuation fund maintained by the authority.

(2) In relation to an employee participating in the benefits of a fund by virtue of an admission agreement (“an admitted employee”) these regulations have effect as if he were a pensionable employee and the employing body were a scheduled body.

(3) Subject to paragraph (4), an admission agreement may provide for members of any specified class or classes of employees of the employing body to become admitted employees.

(4) An admission agreement may not provide for any person who—

(a) has not attained the age of 18 years, or

(b) has attained the age of 65 years and does not fall within regulation B1(17)(f)(i) to (iii),

to become an admitted employee.

(5) Except as provided in paragraph (6), an admission agreement may not modify the application of these regulations to any admitted employee so that he has any greater or lesser rights or liabilities than those he would have had if he had become a pensionable employee by virtue of regulation B1.

(6) An admission agreement may—

(a) provide that any previous period of employment of an admitted employee by the employing body is to be reckonable as reckonable service to such extent as may be specified in the agreement, and

(b) where the employing body is one of the bodies specified in paragraph (8)(g) and (h), provide that a percentage, not exceeding 4.4%, of the remuneration of an admitted employee shall, if he is an employee of a description specified for the purpose in the agreement, be treated as not being remuneration for the purposes of these regulations.

(7) On making an admission agreement an administering authority shall forthwith inform the Secretary of State of the name of the employing body and the date from which the agreement takes effect.

(8) The bodies mentioned in paragraph (1) are:

(a) an organisation, not carried on for profit and not provided by a local or public authority, engaged in the provision of services—

(i) under paragraph 1 of Schedule 8 to the National Health Service Act 1977(1), or

(ii) under Part III of the National Assistance Act 1948(2), or

(iii) under the Disabled Persons (Employment) Act 1958(3), or

(iv) under the Mental Health Act 1959(4), or

(v) under section 12 or 45 of the Health Services and Public Health Act 1968(5);

other than such of those services as under section 3(1) of the National Health Service Act 1977 the Secretary of State considers are appropriate as part of the health service continued by section 1 of that Act;

(b) a body representative of local authorities or water authorities or of local authorities or water authorities and officers of local authorities or water authorities or a body representative of officers of local authorities or water authorities formed for the purpose of consultation as to the common interests of those authorities and the discussion of matters relating to local government or the functions of water authorities;

(c) a body authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier, lighthouse or airport undertaking, or any undertaking for the supply of electricity, gas, hydraulic power or water;

(d) a body approved for the purposes of this regulation by the Secretary of State who are primarily engaged in carrying on any undertaking of a kind mentioned in sub-paragraph (c) though not authorised by any enactment to carry on any such undertaking;

(e) a body, other than the governors or managers of a voluntary school within the meaning of the Education Act 1944(6)who provide a public service in the United Kingdom otherwise than for the purposes of gain or to whose funds any local authority contribute or to whom any grant is made out of moneys provided by Parliament;

(f) the Housing Corporation;

(g) the Commission for the New Towns;

(h) a development corporation established under the New Towns Act 1981(7);

(i) the company (limited by shares) incorporated on 1st July 1983 under the Companies Acts 1948 to 1981(8) under the name of British Water International Limited;

(j) the company (limited by guarantee) which was so incorporated on 13th October 1969 under the name of International Water Supply Congress and Exhibition Limited;

(k) the company (limited by guarantee) which, on a change of name, was so incorporated on 15th June 1984 under the name of International Association on Water Pollution Research and Control.

(9) Any agreement made under regulation B4 of the 1974 regulations, or continued in force by regulation J8 of those regulations as if so made, continues in force as if it were an admission agreement made under this regulation.

(1)

1977 c.49.

(2)

1948 c.29.

(3)

1958 c.33.

(4)

1959 c.72.

(5)

1968 c.46.

(6)

1944 c.31.

(7)

1981 c.64.

(8)

1948 c.38, 1967 c.81, Parts I and III, 1972 c.67, 1972 c.68, section 9, 1976 c.47, sections 1 to 4, 1976 c.60, section 9, 1976 c.69, 1980 c.22, 1981 c.62 (except sections 28 and 29).