Local Government Superannuation Act 1953
| Jurisdiction | UK Non-devolved |
| Citation | 1953 c. 25 |
| Year | 1953 |
Local Government Superannuation Act , 1953
(1 & 2 Eliz. 2) CHAPTER 25
An Act to amend the law as to the benefits to be payable to or in respect of contributors to superannuation funds maintained by local authorities and as to the persons entitled to participate in the benefits of those funds; to amend the Local Government Superannuation Act, 1937, and the Local Government Superannuation (Scotland) Act, 1937; to provide alternative benefits to those provided under section nine of the Local Government (Clerks) Act, 1931; to make provision as to payments due from local authorities to deceased employees; and for purposes connected therewith.
[14th July 1953]
Be it enacted by the Queen'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:—
Superannuation benefits
1 Regulations as to superannuation benefits.
(1) The Minister may by regulations make provision as to the superannuation benefits which shall be payable to or in respect of persons who are or have been contributory employees within the meaning of the principal English Act.
(2) The Secretary of State may by regulations make provision as to the superannuation benefits which shall be payable to or in respect of persons who are or have been contributory employees within the meaning of the principal Scottish Act.
(3) The superannuation benefits for which provision may be made by any such regulations may include—
(a ) benefits by way of annual amounts and lump sum payments to contributory employees who, having completed such periods of service as may be prescribed by the regulations, cease to be employed by an employing authority after attaining such age, or in such other circumstances, as may be so prescribed;
(b ) benefits by way of annual amounts to the widow of any person who—
(i) being a contributory employee, dies after completing such period of service as may be prescribed by the regulations; or
(ii) having been a contributory employee, dies while he is entitled to any benefit by way of annual amounts under the regulations; or
(iii) having been a contributory employee and having completed such period of service as may be prescribed by the regulations, dies within such period after ceasing to be a contributory employee as may be so prescribed;
(c ) benefits by way of annual amounts to contributory employees who are permanently incapacitated as a result of injuries sustained or disease contracted in such circumstances as may be prescribed by the regulations;
(d ) benefits by way of annual amounts or a lump sum payment in respect of any contributory employee who dies as a result of injuries sustained or disease contracted as aforesaid;
(e ) benefits by way of lump sum payments to contributory employees who are incapacitated by ill-health or infirmity before becoming entitled to any other benefit under the regulations;
(f ) benefits by way of lump sum payments upon the death of any person who is or has been a contributory employee and has completed such period of service as may be prescribed by the regulations.
(4) Any such regulations may make different provision for different classes of persons and for different circumstances and—
(a ) may include provision for granting, in such cases as may be prescribed by the regulations, to persons who have been contributory employees before the coming into force of the first such regulations an option to enjoy rights to superannuation benefits corresponding to those previously enjoyed by them in lieu of all or such as may be so prescribed of the rights which they would otherwise enjoy under or by virtue of the regulations;
(b ) may be so framed as to apply, in such cases as may be prescribed by the regulations, in relation to persons who, having been contributory employees, have died or ceased to be contributory employees before the coming into force of the first such regulations but since the thirtieth day of September nineteen hundred and fifty;
(c ) may include such supplementary, incidental and consequential provisions as appear to the Minister or, as the case may be, to the Secretary of State to be necessary or expedient.
(5) Any benefit payable under any such regulations shall be paid out of the appropriate superannuation fund, and in the case of a benefit by way of annual amounts payment shall be made at such intervals, not being longer than three months, as the appropriate administering authority may determine:
Provided that, where the regulations provide for the grant of any benefit, or for an increase in the amount of any benefit, at the discretion of the employing authority, the regulations may also provide that any extra charge on the superannuation fund resulting from an exercise of that discretion shall be repaid in whole or in part to the fund by the authority.
(6) No regulations shall be made under this section unless a draft thereof has been laid before Parliament and been approved by resolution of each House of Parliament.
2 Additional provisions as to regulations.
(1) The superannuation regulations may include provision for securing that a contributory employee who possesses such professional or other special qualifications as may be prescribed by the regulations shall, with the consent of the employing authority and subject to payment by the employee and the authority of such additional contributions, if any, and subject to such other conditions, as may be so prescribed, be entitled to reckon additional years of service.
(2) An employing authority may, on a benefit becoming payable under the superannuation regulations to or in respect of any contributory employee of theirs, resolve that the whole or a specified part of that employee's non-contributing service shall be reckoned as contributing service, and in that case the amount of the benefit shall be calculated accordingly:
Provided that any extra charge on the superannuation fund resulting from such a resolution shall be repaid to the fund by the authority.
(3) A contributory employee shall be entitled, if he pays a sum or sums calculated in such manner and payable at such time or times as may be prescribed by the superannuation regulations, to have the whole or a specified part of his non-contributing service reckoned as contributing service.
(4) Where, immediately before the coming into force of the first superannuation regulations, any contributory employee, in pursuance of proviso (ii) to paragraph (b ) of subsection (2) of section eight of the principal Act, or of that proviso as amended by any local Act or scheme, has made any payment, or is in the process of paying any sum by instalments, in order to become entitled to a superannuation allowance in respect of any year of non-contributing service at the rate of some fraction higher than one one-hundred-and-twentieth, or, as the case may be, one one-hundred-and-sixtieth, that payment or those instalments shall, on the coming into force of the said regulations, be deemed to be a payment made or instalments payable in pursuance of subsection (3) of this section and that year of non-contributing service shall be reckonable—
(a ) if the said higher fraction is one-sixtieth, or, as the case may be, one-eightieth, as a year of contributing service; or
(b ) if the said higher fraction is less than one-sixtieth, or, as the case may be, than one-eightieth, as such period of contributing service as is obtained by multiplying the year of non-contributing service by sixty, or, as the case may be, by eighty, and dividing it by the denominator of the said higher fraction:
Provided that paragraph (b ) of this subsection shall not operate to reduce the length of service reckonable for the purpose of determining whether the employee is entitled to participate in the benefits of any superannuation fund or whether a benefit has become payable to or in respect of the employee under the regulations.
3 Amendment of local Acts, etc., by or in consequenceof regulations.
(1) In relation to any local Act contributor who—
(a ) is on the medical or nursing staff of a local health authority; or
(b ) is employed as a medical officer by any other local authority, being a local authority in England or Wales; or
(c ) is employed by an education authority for the purposes of the school health service on the medical or nursing staff of the authority; or
(d ) falls within a designated class or description of persons,
the superannuation regulations may provide for the relevant local Act scheme to apply as if, in consideration of the contributions required thereby, for all or any of the benefits under the scheme there were substituted such of the benefits provided under the regulations as are prescribed by those regulations and for the local Act scheme to have effect accordingly with such modifications, if any, as are so prescribed; and, for the purposes of this subsection, subsection (4) of section one of this Act shall have effect as if the references therein to contributory employees included references to such a local Act contributor.
In this subsection—
‘local health authority’ means—
(i) in relation to England and Wales, a local health authority within the meaning of the National Health Service Act, 1946, or a joint board constituted under section nineteen of that Act;
(ii) in relation to Scotland, a...
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