Local Government Superannuation Act 1937
| Jurisdiction | UK Non-devolved |
| Citation | 1937 c. 68 |
Local Government Superannuation Act, 1937.
(1 Edw. 8 & 1 Geo. 6.) CHAPTER 68.
An Act to make further and better provision with respect to the payment of superannuation allowances and gratuities by local authorities and certain statutory undertakers, and with respect to the persons entitled to participate in the benefits of a local authority's superannuation fund or scheme, and for purposes connected with the matters aforesaid.
[30th July 1937]
B E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I.
Superannuation of Employees of LocalAuthorities not being Local Act Authorities.
Superannuation funds and contributors thereto.
1 Superannuation funds.
(1) As from the appointed day, a superannuation fund shall, subject to the provisions of this section, be maintained for the purposes of this Part of this Act by each of the following bodies, that is to say:—
(a ) the council of every county, county borough and metropolitan borough;
(b ) the council of every county district having on the day six months before the appointed day one hundred or more employees who, according to a return made by the council to the Minister for the purposes of this subsection, will be contributory employees within the meaning of that expression as used in this Act;
(c ) every joint committee established by a combination scheme for the time being in force; and
(d ) every other local authority as respects whom the Local Government and other Officers' Superannuation Act, 1922 , (in this Act referred to as ‘the Act of 1922’) was in operation immediately before the appointed day.
(2) The preceding subsection shall not apply to any local authority specified therein who—
(a ) not having adopted the Act of 1922, maintain a superannuation fund under a local Act; or
(b ) are a constituent authority under a combination scheme for the time being in force; or
(c ) were immediately before the appointed day a party (otherwise than in the capacity of the admitting authority) to an admission agreement;
and shall cease to apply to any local authority specified therein who become a constituent authority under a combination scheme, or who, under subsection (3) of section four of this Act, transfer their superannuation fund in accordance with directions of the Minister to another authority.
(3) In this Act—
(a ) a local authority who are for the time being required to maintain a superannuation fund under this Part of this Act are referred to as an ‘administering authority’;
(b ) a council mentioned in Part I of the First Schedule to this Act who, not having adopted the Act of 1922, maintain a superannuation fund under a local Act are referred to as a ‘local Act authority’, and the superannuation scheme which such an authority administer is referred to as a ‘local Act scheme’;
(c ) the local authority, or other body, in whose employment a contributory employee is, are in relation to him referred to as the ‘employing authority’; and
(d ) the superannuation fund maintained under this Part of this Act, in the benefits of which a contributory employee is entitled to participate, is, in relation to him and to the employing authority, referred to as ‘the appropriate superannuation fund,’ and, in relation to him and to the employing authority and to that fund, the local authority maintaining the fund are referred to as ‘the appropriate administering authority.’
2 Combination schemes.
(1) Any two or more administering authorities may enter into combination for the purpose of maintaining a joint superannuation fund under this Part of this Act in accordance with the terms of a combination scheme made by them.
(2) A combination scheme shall provide for the administration of the fund by a joint committee, and shall contain such supplemental and consequential provisions as appear to the constituent authorities to be necessary or expedient for the purpose of applying the provisions of this Act to a combination of authorities.
(3) The joint committee established by a combination scheme made under section five of the Act of 1922 shall, not less than twelve months before the appointed day, make a scheme for making such modifications in the combination scheme as appear to them to be necessary for bringing it into accordance with the provisions of this Act and continuing it in force as a scheme made under this section:
Provided that the committee may, if they think fit, make a new combination scheme to take effect in lieu of the existing scheme.
(4) A combination scheme may be amended by a subsequent scheme made by the joint committee concerned and approved by the Minister after consultation with the constituent authorities.
(5) A combination scheme may be revoked by a resolution passed by the joint committee concerned and approved by the Minister after consultation with the constituent authorities, and the Minister may give all such directions as he deems necessary for the transfer of the joint superannuation fund and the liabilities thereof, and with respect to other consequential and incidental matters.
(6) A joint committee established by a combination scheme may sue and be sued in the name of their clerk, and an action by or against the committee shall not abate by the death or removal of the clerk, but shall continue as if the clerk for the time being were the plaintiff or defendant therein.
3 Contributory employees.
(1) On and after the appointed day all such persons as are mentioned in the next succeeding subsection shall, subject to the provisions of this section and to the provisions of Part III of this Act relating to officers appointed in a temporary capacity, be entitled to participate in the benefits of the appropriate superannuation fund maintained under this Part of this Act, and persons so entitled shall, unless they are such persons as are mentioned in the proviso to subsection (1) of section six of this Act, contribute to that fund in accordance with the provisions of that section.
In this Act, the expression ‘contributory employee’ means a person who is for the time being entitled to participate in the benefits of such a superannuation fund, notwithstanding that he may be such a person as is mentioned in the said proviso.
(2) The persons referred to in the preceding subsection are—
(a ) every whole-time officer of a local authority specified in Part I of the First Schedule to this Act who are not a local Act authority;
(b ) every servant, or part-time officer, of such a local authority as aforesaid who belongs to a class or description which the authority have by a statutory resolution specified as a class or description the members of, or persons falling within, which are to be contributory employees;
(c ) every officer or servant of a local authority, not being either a local authority specified in Part I of the said First Schedule or a local Act authority, whom the authority have by a statutory resolution specified as a contributory employee;
(d ) every registration officer acting in or for a district in relation to which registration functions are discharged by a local authority who are not a local Act authority;
(e ) in the circumstances mentioned in Part I of the Second Schedule to this Act, a transferred poor law employee in the employment of a local authority who are not a local Act authority and a transferred rating employee in such employment;
(f ) every employee of the managers of any public elementary school maintained but not provided by a local education authority for elementary education who are not a local Act authority, being an employee whom the authority have, by a statutory resolution and with the consent of the managers, specified as a contributory employee; and
(g ) every other person who on the appointed day was in the employment of a local authority not being a local Act authority, and who immediately before that day held a post in virtue of which he was, or was being treated as being, subject to the Act of 1922, but so long only as he continues without any break of service in the employment of that authority, whether in the same post or in some other post.
(3) A person who becomes a contributory employee under a local authority shall continue to be a contributory employee so long as he continues without any break of service in the employment of that authority, whether in the same post or in some other post.
(4) The following persons shall not become contributory employees by virtue of the foregoing provisions of this section, that is to say, a person who—
(a ) is such a person as is mentioned in Part II of the First Schedule to this Act;
(b ) is under the age of eighteen years; or
(c ) has attained the age of fifty-five years and has not completed, and cannot before attaining the age of compulsory retirement applicable in his case complete, ten years of service;
Provided that paragraph (c ) of this subsection shall not have effect in relation to such a midwife as is mentioned in paragraph (b ) of subsection (3) of section two of the Midwives Act, 1936 .
4 Funds to which contributions are payable.
(1) The appropriate superannuation fund in relation to the contributory employees of an employing authority shall, where that authority are an administering authority, or are a constituent authority under a combination scheme for the time being in force, or were immediately before the appointed day a party to an admission...
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