Statutory Instrument 1993 No. 1810

The Local Government Superannuation (National Rivers Authority) Regulations 1993

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© Crown Copyright 1993

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1993 No. 1810

PENSIONS

The Local Government Superannuation (National Rivers Authority) Regulations 1993

The Secretary of State for the Environment, in exercise of the powers conferred upon him by sections 7 and 12 of the Superannuation Act 1972^[1], and of all other powers enabling him in that behalf, after consultation with such associations of local authorities as appeared to him to be concerned, the local authorities with whom consultation appeared to him to be desirable and such representatives of other persons likely to be affected by the Regulations as appeared to him to be appropriate, hereby makes the following Regulations:

Citation and commencement
    1.    These Regulations may be cited as the Local Government Superannuation (National Rivers Authority) Regulations 1993, and shall come into force on 17th August 1993 but have effect from 31st March 1993.

Interpretation
    2.—(1)  In these Regulations—

"the 1989 Regulations" means the Local Government Superannuation (Water) Regulations 1989^[2];


"the new main fund" means the superannuation fund vested in the National Rivers Authority by virtue of regulation 2(2)(a) of the 1989 Regulations;


"the new second fund" means the superannuation fund vested in the National Rivers Authority by virtue of regulation 2(2)(b) of the 1989 Regulations;


"the principal Regulations" means the Local Government Superannuation Regulations 1986^[3].

Amalgamation of Funds
    3.—(1)  All assets, rights and liabilities of the National Rivers Authority in respect of the new second fund shall be transferred to the new main fund.

    (2)  Any liability of any body or person to make payments into the new second fund shall become a liability to make payments into the new main fund.

    (3)  All contracts, deeds, bonds, agreements and other instruments subsisting in favour of, or against, and all notices in force which were given by or to the National Rivers Authority or any other body on their behalf for the purposes of the new second fund shall be of full force and effect in favour of, or against, the National Rivers Authority for the purposes of the new main fund.

    (4)  Any action or proceeding or cause of action or proceeding pending or existing immediately before 31st March 1993 by or against the National Rivers Authority in respect of the new second fund shall be of full force and effect in favour of, or against, the National Rivers Authority in respect of the new main fund.

    (5)  Where the National Rivers Authority would have become liable, or would have been empowered, on the happening of any event, to make a payment out of the new second fund or to take any other action as administering authority in respect of any person who has ceased to participate in the benefits of that fund before 31st March 1993, then on the happening of any such event such payment or action shall, or as the case may be, may be made out of the new main fund or taken by the National Rivers Authority.

    (6)  Where a person has ceased to contribute to the new second fund before1st September 1989 and has not become a contributor to any other superannuation fund maintained under the principal Regulations, the new main fund shall after 30th March 1993 be deemed to be the fund to which he was last a contributor.

    (7)  All legal proceedings pending on 31st March 1993 may be amended in such manner as may be necessary or proper in consequence of these Regulations.

    (8)  Any expenses incurred by the National Rivers Authority in respect of the new second fund in consequence of these Regulations shall be paid out of the new main fund.

Amendment of Regulations
    4.—(1)  In paragraph 4 of the Schedule to the 1989 Regulations, for the word "each" there shall be substituted the word "the".

    (2)  In regulation P1(1) of the principal Regulations, for the words "the superannuation funds vested by regulation 2" there shall be substituted the words "the superannuation fund vested by regulation 2(2)(a)".

Signed by authority of the Secretary of State

David Curry

Minister of State, Department of the Environment

20th July 1993

These Regulations provide for the amalgamation of two closed pension funds which were transferred by the Local Government Superannuation (Water) Regulations 1989 from the Severn-Trent Water Authority to the National Rivers Authority. Consequential amendments are made to the Local Government Superannuation Regulations 1986and the Local Government Superannuation (Water) Regulations 1989. The Regulations are, by virtue of section 12 of the Superannuation Act 1972, made retrospective to 31st March 1993.

[1] 1972 c. 11. Section 12 was amended by section 10 of the Pensions (Miscellaneous Provisions) Act 1990 (c. 7). back

[2] S.I. 1989/1462. back

[3] S.I. 1986/24; a relevant amending instrument is S.I. 1989/1462. back