The Local Government Pension Scheme (Miscellaneous) Regulations 2012

Amendment of the Local Government Pension Scheme (Administration) Regulations 2008

45.  Part 1 of Schedule 4 (Appropriate funds)(1) is amended as follows—

(a) for paragraph 2 substitute—

“2A.   This paragraph applies where an employing authority—

(i) has members in respect of whom but for this paragraph, it would be required to contribute to more than one fund; or

(ii) merges or amalgamates with another employing authority and in respect of which there is specified a different fund for the respective members of each employing authority; or

(iii) moves its main place of business to a different geographical area.

2B.   Where paragraph 2A applies, the Secretary of State may upon application by the employing authority, by direction substitute another fund (“the substituted fund”).”.

(b) for paragraph 6 substitute—

“6.   It may also contain provision as to the transfer of liabilities to the substituted fund, may require a revised rates and adjustment certificate in respect of each employing authority concerned, to take account of the effect of the direction, and may make provision for any other consequential or incidental matters.”.

(c) In the Table(2), after paragraph 6 insert—

“6A Other than where the employee falls within the description in paragraph 6B of this Table, an employee of a proprietor of an Academy.	Fund maintained by the administering authority within whose local government area the relevant Academy is located.
6B An employee of a proprietor of an Academy where immediately before the school achieved Academy status, the appropriate fund in relation to that school was the fund maintained by the London Pensions Fund Authority.	Fund maintained by the London Pensions Fund authority.”

(d) In the Table, in paragraph 7, for “paragraphs 1 to 6” substitute “paragraphs 1 to 6B”.

(1)

Schedule 4 was amended by S.I. 2008/3245 and S.I. 2010/2090.

(2)

The Table was amended by S.I. 2008/3245 by the substitution of paragraph 7; there are other amendments to the Table which are not relevant.