Office of Public Sector Information
Regulation 30
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(93) (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.
(1)
A London member is an active member who was a London member under the 1997 Regulations immediately before the commencement date. |
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(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. |
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(3)
A Part 2 member is an active member who immediately before the commencement date was a Part 2 member under the 1997 Regulations. |
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| Member | Appropriate fund |
|---|---|
| 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(94). |
| 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. |
(This note is not part of the Regulations)
These Regulations set out provisions relating to the administration of the new Local Government Pension Scheme (“the Scheme”) which is to come into existence on 1st April 2008 and is constituted by these Regulations, the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007 (“the Benefit Regulations”) and the Local Government Pension Scheme (Transitional Provisions) Regulations 2008.
The provisions in these Regulations supersede without modification most of those in the Local Government Pension Scheme Regulations 1997 that they replace. Reference is made where relevant to nominated cohabiting partners as they are a category of dependent beneficiary in the Benefits Regulations. The other main changes are mentioned in the following description of the arrangement of these Regulations.
The Regulations are divided into the following Parts—
Part 1 deals with citation, commencement and application, interpretation and the Regulations’ application to the Isles of Scilly;
Part 2 sets out rules relating to membership of the Scheme. Regulation 13 (joining the Scheme) does not require any person who is eligible to be a member of the Scheme to apply to be such, unless he is applying for membership on a date other than that on which he would otherwise automatically become a member or he is the employee of an admission body;
Part 3 deals with contributions. Regulation 23 (additional regular contributions) sets out the applicable procedure in circumstances where a member chooses to pay additional contributions under regulation 14 of the Benefits Regulations. Regulations 25 to 27 simplify and update provisions dealing with additional voluntary contributions and shared cost additional voluntary contributions;
Part 4 deals with pension funds and employers’ payments. Regulation 44 (interest) provides that interest payable on overdue amounts is payable from the day after the amount is due rather than from one month after the due date, the only exception being any extra charge payable by an employing authority under regulation 40 (employer’s payment following resolution to increase membership or award additional pension) or regulation 41 (employer’s further payments);
Part 5 deals with payment of benefits;
Part 6 deals with determination of questions and disputes. Regulation 55 requires the employing authority to decide what contribution rate a member must pay. This is consequential on regulation 3 of the Benefits Regulations, which provides that the contribution rate a member pays is based on his pensionable pay and a range of pay bands;
Part 7 deals with policy statements and information;
Part 8 deals with special adjustments;
Part 9 deals with transfers.
A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of businesses, charities or voluntary bodies and does not have a significant financial impact on any public bodies.
The Local Government Pension Scheme (Administration) Regulations 2008