The Local Government Pension Scheme (Scotland) Regulations 2018 No. 141

SCHEDULES

SCHEDULE 4 S Appropriate Funds

PART 1 S

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

[F1 2.   The Scottish Ministers may, on the application of a Scheme employer, by a written direction substitute a different administering authority as the appropriate administering authority for a person or class of persons.] S

Textual Amendments

F1 Sch. 4 para. 2 substituted (with effect from 1.6.2018) by The Local Government Pension Scheme (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/161), regs. 1(2), 2(27)

[F2 2A.   The Scottish Ministers may, on application of an administering authority, by a written direction substitute a different fund maintained by that administering authority as the appropriate fund for a Scheme employer.] S

Textual Amendments

F2 Sch. 4 para. 2A inserted (with effect from 1.3.2020) by The Local Government Pension Scheme (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/31), regs. 1, 2(2)

F3 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F3 Sch. 4 para. 3 omitted (with effect from 1.6.2018) by virtue of The Local Government Pension Scheme (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/161), regs. 1(2), 2(28)(b)

4.  Before giving a direction under paragraph [F4 2] [F5 or 2A] Scottish Ministers must consult with any bodies appearing to them to be affected by the proposed direction. S

Textual Amendments

F4 Word in sch. 4 para. 4 substituted (with effect from 1.6.2018) by The Local Government Pension Scheme (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/161), regs. 1(2), 2(28)(c)

F5 Words in sch. 4 para. 4 inserted (with effect from 1.3.2020) by The Local Government Pension Scheme (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/31), regs. 1, 2(3)

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. S

6.  The direction F6 ... may— S

(a) contain provision as to the transfer of liabilities to the substituted fund;

(b) require a revised rates and adjustment certificate in respect of each Scheme employer concerned, to take account of the effect of the direction; and

(c) make provision for any other consequential or incidental matters.

Textual Amendments

F6 Words in sch. 4 para. 6 omitted (1.6.2022) by virtue of The Local Government Pension Scheme (Scotland) (Miscellaneous Amendments) Regulations 2022 (S.S.I. 2022/153), regs. 1(1), 13

7.  Where an administering authority has established an admission agreement fund under regulation 52 (admission agreement funds)— S

(a) references in this schedule and in regulation 51(3) (appropriate funds) to the fund are to the fund maintained by that authority under regulation 51(1) (pension funds); and

(b) in relation to a member employed by a body specified in the notice required by regulation 52(3), the appropriate fund is the admission agreement fund.

TABLE S

Member(Column 1)	Appropriate fund(Column 2)
1. An employee of an administering authority	Fund maintained by that authority
2. A member falling within the Table in Part 2 of this schedule	Fund specified for him or her in that Table
3. An employee of a company under the control of a Scheme employer specified in schedule 2	Fund which is appropriate fund for employees of that Scheme employer
4. An admission agreement employee	Fund maintained by the administering authority with whom the admission agreement making him or her eligible for membership was made.
5. Members for whom no fund is specified by paragraphs 1 to 4	Fund maintained by the administering authority within whose local government area all or most of the member's Scheme employer's area lies