The Local Government Pension Scheme Regulations 1997

Regulation 74.

SCHEDULE 5 APPROPRIATE FUNDS

PART I GENERAL RULES

1.—(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 falls into paragraph 5 of that Table or paragraph 3 of the Table in Part II of this Schedule, the Secretary of State may by direction substitute another fund (“the substituted fund”).

(3) Before doing so he must consult with any bodies appearing to him to be affected by the proposed direction.

(4) 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.

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

(6) Where an administering authority have established an admission agreement fund under regulation 75—

(a) references in this Schedule and in regulation 74 to the fund are to the fund maintained by that authority under regulation 73, and

(b) in relation to a member employed by a body specified in the notice required by regulation 75(3), the appropriate fund is the admission agreement fund.

TABLE

Member	Appropriate fund
1.  An employee of an administering authority (other than a London member).	Fund maintained by that authority.
2.  A London member.	Fund maintained by the London Pensions Fund Authority.
3.  A Welsh member.	Appropriate regulation 3 fund.
4.  A Part II member.	Fund specified for him in Part II of this Schedule.
5.  An employee of a company under the control of a Scheme employer specified in Schedule 2.	Fund which is the appropriate fund for employees of that Scheme employer.
6.  An admission agreement employee.	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 III of this Schedule;	(a) Fund maintained by the administering authority specified for that authority in column 2 of the Table in Part III of this 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 III of this Schedule.	(b) Fund maintained by the administering authority specified for that other authority in column 2 of the Table in Part III of this 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.

Notes

1.—(1) A London member is a member to whom sub-paragraph (2), (3) or (4) applies.

(2) This sub-paragraph applies to an employee of a London borough council or of the Common Council who—

(a) immediately before 1st April 1974 was by virtue of article 14 or 15 of the London Authorities (Superannuation) Order 1965(1) entitled to participate in the benefits of the superannuation fund maintained under Part I of the Act of 1937 by the Greater London Council,

(b) became a pensionable employee (within the meaning of the 1986 regulations) on 1st April 1974, and

(c) has since 1st April 1974 continued in the employment of the same London borough council, or, as the case may be, of the Common Council.

(3) This sub-paragraph applies to a person who—

(a) is eligible to be a member by virtue of regulation 127(3), and

(b) immediately before 1st April 1974 was entitled to participate in the benefits of the superannuation fund maintained under Part I of the Act of 1937 by the Greater London Council.

(4) This sub-paragraph applies to a person who—

(a) is eligible to be a member by virtue of regulation 127(5),

(b) is an employee of—

(i) the probation committee for any area in Greater London other than the City of London probation area,

(ii) the London Residuary Body established by section 57(1)(a) of the Local Government Act 1985(2),

(iii) the Lee Valley Regional Park Authority,

(iv) the London Fire and Civil Defence Authority established by section 27 of that Act,

(v) the London Waste Regulation Authority, the West London Waste Authority, the North London Waste Authority, the East London Waste Authority or the Western Riverside Waste Authority (all of which authorities were established by the Waste Regulation and Disposal (Authorities) Order 1985(3)), or

(vi) the Commission for Local Administration in England, and

(c) either—

(i) within one month and a day after ceasing to be an employee of the Inner London Education Authority established by section 18 of the Local Government Act 1985, became an employee of a London borough council or of the Common Council, or

(ii) at any time after 31st March 1990 ceased to be an employee of the London Residuary Body, and within one month and a day after so ceasing became an employee of a London borough council or of the Common Council.

2.—(1) A Welsh member is a member whose appropriate fund was determined immediately before the commencement date by regulation 3 of the Local Government Pension Scheme (Local Government Reorganisation in Wales) Regulations 1995(4) and who continues to be employed by the same employing authority.

(2) The appropriate regulation 3 fund for such a member is the fund determined under that regulation for him.

3.  A Part II member is a member falling within column 1 of the Table in Part II of this Schedule.

PART II MISCELLANEOUS AUTHORITIES

TABLE

Member	Appropriate fund
Notes 1. An ILEA employer is an institution or school formerly assisted or maintained by the Inner London Education Authority, or a corporation which has been established for the purpose of conducting an institution or school formerly assisted or maintained by that Authority. 2. A metropolitan county employer is a school, corporation or institution, the whole or greater part of which is situated in a metropolitan county. 3. A further education corporation and a higher education corporation are to be treated as situated where the institution conducted by the corporation is situated.
1.  Employee of the Commission for Local Administration in Wales.	Fund maintained by Cardiff County Council.
2.  Person who— (a) is eligible to be a member by virtue of regulation 127(3), and (b) immediately before 1st April 1974 was entitled to participate in the superannuation fund maintained under Part I of the Act of 1937 by Newham London borough council.	Fund maintained by Newham London borough council.
3.  Member employed by a further education corporation, a higher education corporation, a designated institution or the governing body of a grant-maintained school which is— (a) an ILEA employer;	(a) Fund maintained by the London Pensions Fund Authority;
(b) a metropolitan county employer;	(b) Fund maintained by the authority specified in column 2 of paragraph 4 of this Part of this Schedule in relation to the area in which the whole or greater part of the school, corporation or institution is situated;
(c) another employer.	(c) Fund to which the local authority contributes.
4.  Employee of a body the greater part of whose area falls within— Greater Manchester Merseyside West Midlands Tyne and Wear West Yorkshire South Yorkshire.	Fund maintained by— Tameside district council Wirral district council Wolverhampton district council South Tyneside district council Bradford district council South Yorkshire Pensions Authority.
5.  Employee of the Residuary body for Wales.	Fund maintained by Cardiff County Council.

PART III MEMBERS AFFECTED BY LOCAL GOVERNMENT REORGANISATION

TABLE

SECTION A

Employing authority	Administering authority
Denbighshire County Council Wrexham County Borough Council	Flintshire County Council
Cardiganshire County Council Pembrokeshire County Council	Carmarthenshire County Council
Blaenau Gwent County Borough Council Caerphilly County Borough Council Monmouthshire County Council Newport County Borough Council	Torfaen County Borough Council
Aberconwy and Colwyn County Borough Council Anglesey County Council	Caernarfonshire and Merionethshire County Council
Bridgend County Borough Council	Rhondda, Cynon, Taff County Borough Council
Merthyr Tydfil County Borough Council
The Vale of Glamorgan County Borough Council	Cardiff County Council
Neath and Port Talbot County Borough Council	Swansea County Council
North Somerset District Council South Gloucestershire District Council City of Bristol Council	Bath and North East Somerset District Council
Kingston upon Hull North Lincolnshire District Council North East Lincolnshire District Council	East Riding of Yorkshire District Council
Redcar and Cleveland Borough Council Hartlepool Borough Council Stockton-on-Tees Borough Council	Middlesbrough Borough Council
York District Council	North Yorkshire County Council
Luton Borough Council	Bedfordshire County Council
Milton Keynes Borough Council	Buckinghamshire County Council
Derby City Council	Derbyshire County Council
Bournemouth Borough Council Poole Borough Council	Dorset County Council
Darlington Borough Council	Durham County Council
Brighton and Hove District Council	East Sussex County Council
Portsmouth City Council Southampton City Council	Hampshire County Council
Stoke-on-Trent City Council	Staffordshire County Council
Thamesdown Borough Council	Wiltshire County Council
Leicester City Council Rutland District Council	Leicestershire County Council

SECTION B

Employing authority	Administering authority
Bracknell Forest Borough Council Newbury District Council Reading Borough Council Slough Borough Council Wokingham District Council	Royal Borough of Windsor and Maidenhead
Peterborough City Council	Cambridgeshire County Council
Halton Borough Council Warrington Borough Council	Cheshire County Council
Plymouth City Council Torbay Borough Council	Devon County Council
Southend-on-Sea Borough Council Thurrock Borough Council	Essex County Council
Medway Towns District Council	Kent County Council
Blackburn with Darwen Borough Council Blackpool Borough Council	Lancashire County Council
Nottingham City Council	Nottinghamshire County Council
The Wrekin District Council	Shropshire County Council
Herefordshire District Council	Worcestershire County Council

(1)

S.I. 1965/621.

(2)

1985 c. 51.

(3)

S.I. 1985/1884.

(4)

S.I. 1995/1985.