Local Government Superannuation (Scotland) Act 1937
| Jurisdiction | UK Non-devolved |
Local Government Superannuation (Scotland) Act, 1937
(1 Edw. 8 & 1 Geo. 6.) CHAPTER 69.
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 in Scotland, 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.
Authorities not being Local Act Authorities.Superannuation of Employees of Local
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 any county or large burgh and any joint county council who have on the day six months before the appointed day fifty or more employees who, according to a return made by the council of the county or large burgh, or the joint county council, as the case may be, to the Secretary of State for the purposes of this subsection, will be contributory employees for the purposes of this Part of this Act;
(b ) every joint committee established by an amalgamation scheme for the time being in force; and
(c ) every joint committee established by a combination scheme for the time being in force.
(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 ) were immediately before the appointed day a party (otherwise than in the capacity of an admitting authority) to an admission agreement; or
(c ) are a constituent authority under an amalgamation scheme;
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 Secretary of State to another authority.
(3) Every council of a county or large burgh or joint county council not being a council to which paragraph (a ) of subsection (1) of this section applies shall jointly in the case of such a council of a large burgh with the council of the county in which the large burgh is situated, and in the case of such a council of a county or of such a joint county council with the councils of one or more counties, make and submit to the Secretary of State a scheme (in this Act referred to as an ‘amalgamation scheme’) for the purpose of maintaining a joint superannuation fund.
(4) The following provisions shall have effect with regard to amalgamation schemes:—
(a ) an amalgamation scheme shall provide for the administration of the fund by a joint committee and for making any modifications in this Part of this Act which appear to the constituent authorities to be necessary or expedient for the purpose of applying this Part of this Act to an amalgamation of authorities, and may contain such supplemental and consequential provisions as appear to them to be necessary or expedient;
(b ) subsection (4) of section thirty-one of this Act shall in its application to an amalgamation scheme have effect as if for the words ‘within six months from the time when the requirement takes effect’ there were substituted the words ‘by a date not later than three months before the appointed day’;
(c ) an amalgamation scheme may be revoked by a resolution passed by the joint committee concerned and approved by the Secretary of State after consultation with the constituent authorities, and the Secretary of State may give all such directions as he deems necessary for the purpose of enabling any of the constituent authorities to become an administrative authority or to enter into any other amalgamation and for the transfer of the joint fund and the liabilities thereof, and with respect to other consequential matters.
(5) For the purpose of subsection (1) of this section, the employees of the council of a small burgh or of a district council who will be contributory employees for the purposes of this Part of this Act shall be counted as employees of the council of the county within which the small burgh or district is situated, who will be contributory employees for the purposes of this Part of this Act, and shall be included in any return required to be made by such county council to the Secretary of State under that subsection, and the council of a small burgh or the district council shall furnish to such county council such information as may be necessary for the purpose of enabling them to make such return.
(6) In this Act—
(a ) a body which is for the time being required to maintain a superannuation fund under this Part of this Act is 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 they administer is referred to as a ‘local Act scheme’;
(c ) the authority or other body in whose service 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) Any joint committee established by a combination scheme under section five of the Act of 1922, being a combination scheme all the parties to which are councils of counties or large burghs, shall, not less than twelve months before the appointed day, submit to the Secretary of State either a new combination scheme to take effect in lieu of the existing scheme or 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 Part of this Act and continuing it in force as a scheme made under this section. Any other combination scheme made under section five of the Act of 1922, being a scheme any of the parties to which are not such councils as aforesaid, shall as from the appointed day be revoked, and the Secretary of State 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 other incidental matters.
(4) A combination scheme may be amended by a subsequent scheme made by the joint committee concerned and approved by the Secretary of State 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 Secretary of State after consultation with the constituent authorities, and the Secretary of State 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.
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,...
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