The Local Government Pension Scheme (Administration) Regulations 2008

Eligibility in certain cases of persons who are not employees

9.—(1) A person may be an active member if he is—

(a) a registration officer;

(b) a coroner (other than a coroner to whom paragraph (2) applies);

(c) the Mayor of London;

(d) a member of the London Assembly; or

(e) the chairman of the London Transport Users’ Committee.

(2) This paragraph applies to—

(a) the Queen’s coroner and attorney;

(b) the coroner of the Queen’s household; and

(c) a coroner who—

(i) held office immediately before 6th April 1978, and

(ii) did not choose, in accordance with article 3(b) of the Social Security (Modification of Coroners (Amendment) Act 1926) Order 1978(1), that the provisions of the Coroners (Amendment) Act 1926(2) relating to pensions should not apply to him.

(3) If a registration officer is an active member, he must be treated as being in employment with the local authority who made the scheme under section 14 of the Registration Service Act 1953(3) for the district in or for which he acts.

(4) If a coroner is an active member, he must be treated—

(a) if appointed by a local authority, as being in employment with that local authority; or

(b) if appointed by the Common Council of the City of London, as being in employment with that Council.

(5) If the Mayor of London or a member of the London Assembly is an active member, he must be treated as being in the employment of the Greater London Authority.

(6) If the chairman of the London Transport Users’ Committee is an active member, he must be treated as being in employment with that Committee.

(7) A person who is a Local Commissioner for the purposes of Part 3 of the Local Government Act 1974(4) must be treated as being in employment with the Commission for Local Administration in England.

(8) In this regulation—

“registration officer” means—

(a)

a superintendent registrar or registrar of births and deaths;

(b)

a registrar of births and deaths exercising any of the functions of a registrar of marriages;

(c)

a person provided by and at the expense of a local authority to act as a deputy superintendent registrar or deputy registrar of births and deaths.

(1)

S.I.1978/374.

(2)

1926 c.59.

(3)

1953 c.37; section 14 was amended by Schedule 29 to the Local Government Act 1972 (c.70).

(4)

1974 c.7.