The Local Government Pension Scheme (Administration) Regulations 2008

Regulation 30

SCHEDULE 4 APPROPRIATE FUNDS

1.  The appropriate fund for a member is the fund specified in column 2 of the following Table for a member of his description.

2.  But where a member is within paragraph 5 of that Table or is employed by an institution referred to in paragraph 3 of Part 2 of the Table in Schedule 5 to the 1997 Regulations(1) (educational establishments), the Secretary of State may by direction substitute another fund (“the substituted fund”).

3.  Where a member is within paragraph 8 of the following Table and is an employee of the governing body of a voluntary, foundation or foundation special school who is deemed to be in employment with a local education authority, the Secretary of State may by direction substitute the fund maintained by the London Pensions Fund Authority as his appropriate fund.

4.  Before giving a direction under paragraph 2 or 3, the Secretary of State must consult with any bodies appearing to her to be affected by the proposed direction.

5.  The direction may require the making of financial adjustments between the funds, whether by way of a payment to the substituted fund or of a transfer of assets or both.

6.  It may also contain provision as to the transfer of liabilities to the substituted fund and any other consequential and incidental matters.

7.  Where an administering authority has established an admission agreement fund under regulation 32—

(a) references in this Schedule and in regulation 30 to the fund are to the fund maintained by that authority under regulation 29, and

(b) in relation to a member employed by a body specified in the notice required by regulation 32(3), the appropriate fund is the admission agreement fund.

TABLE

Member	Appropriate fund
(1) A London member is an active member who was a London member under the 1997 Regulations immediately before the commencement date.
(2) A Welsh member is an active member who was a Welsh member under the 1997 Regulations immediately before the commencement date and the “appropriate regulation 3 fund” is the fund determined for him in accordance with the 1997 Regulations.
(3) A Part 2 member is an active member who immediately before the commencement date was a Part 2 member under the 1997 Regulations.
1. An employee of an administering authority (other than a London member).	Fund maintained by that authority.
2. A London member(1)	Fund maintained by the London Pensions Fund Authority.
3. A Welsh member(2)	Appropriate regulation 3 fund.
4. A Part 2 member(3)	Fund specified for him in Part 2 of Schedule 5 to the 1997 Regulations(2).
5. An employee of a company under the control of a Scheme employer specified inSchedule 2	Fund which is the appropriate fund for employees of that Scheme employer
6. An employee of an admission body who is a member by reason of that employment.	Fund maintained by the administering authority with whom the admission agreement making him eligible for membership was made..
7. Members for whom no fund is specified by paragraphs 1 to 6, being—
(a) members whose employing authority is specified in column 1 of the Table in Part 3 of Schedule 5 to the 1997 Regulations;	Fund maintained by the administering authority specified for that authority in column 2 of the Table in Part 3 of that Schedule.
(b) members whose employing authority’s area is situated wholly or mainly in the local government area of another employing authority which is specified in column 1 of the Table in Part 3 of Schedule 5 to the 1997 Regulations.	Fund maintained by the administering authority specified for that other authority in column 2 of the Table in Part 3 of that Schedule.
8. Members for whom no fund is specified by paragraphs 1 to 7.	Fund maintained by the administering authority within whose local government area all or most of his employing authority’s area lies.

(1)

Paragraph 3 of Part 2 of the Table in Schedule 5 to the 1997 Regulations was amended by S.I. 2000/1164.

(2)

Schedule 5 to the 1997 Regulations was amended by S.I. 2000/1164, 2001/1481, 2002/206, 2004/573, 2006/966.