SCHEDULE 5

Regulation 74.

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").

(2A) Where a member is within paragraph 8 of that 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. [SI2000/1164]

(3) Before doing so giving a direction under sub-paragraph (2) or (2A) [SI2000/1164] 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) (4) or (5) [SI2000/1164] 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 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, (SI2001/1481)

(i) the National Probation Service local board for the area comprising the Metropolitan Police District and the City of London Police Area (SI2001/1481)

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

(iii) the Lee Valley Regional Park Authority,

(iv) the London Fire and Civil Defence Authority London Fire and Emergency Planning Authority [SI2000/1164] 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)), 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.

(5) This sub-paragraph applies to a person who is an employee of - [SI2000/1164]

(a) the Greater London Authority,

(b) Transport for London,

(c) the London Development Agency,

(d) the Metropolitan Police Authority,

(e) the London Transport Users' Committee, or (SI2001/1481)

(f) the Cultural Strategy Group for London, or

(g) the Greater London Magistrates' Courts Authority (SI2001/1481). (SI2007/228)

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 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

1. Employee of the Commission for Local Administration in Wales the Public Services Ombudsman for Wales (SI2007/228).

Fund maintained by Cardiff County Council.

2. Person who-

    1. is eligible to be a member by virtue of regulation 127(3), and
    2. immediately before1st 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 or, a designated institution or the governing body of a grant-maintained school [SI2000/1164] 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.
6. Employee of the Children and Family Court Advisory and Support Service (SI2001/1481)

Fund maintained by West Yorkshire County Council (SI2001/1481) Bradford Metropolitan District Council (SI2007/288)
7. Employee of the Standards Board for England (SI2001/1481)

Fund maintained by Tameside District Council (SI2001/1481)
8. Employee of the National Probation Service local board for the Thames Valley Area (SI2001/1481)

Fund maintained by Windsor and Maidenhead Council (SI2001/1481)
9. Employee of the National Probation Service local board for the South Wales area (SI2001/1481)

Fund maintained by Swansea County Council Rhondda, Cynon, Taff County Borough Council (SI2002/206) (SI2001/1481)
10. Employee of the National Probation Service local board for the Dyfed Powys area (SI2001/1481)

Fund maintained by Carmarthenshire Council (SI2001/1481)
11 Employee of the Valuation Tribunal Service who is employed - (SI2004/573)
 
(a) in the London headquarters; (SI2004/573) (a) Fund maintained by the London Pensions Fund Authority; (SI2004/573)
(b) in any other location. (SI2004/573) (b) Fund maintained by the administering authority within whose local government area all or most of the relevant valuation tribunal is located. (SI2004/573)
12 Employee of Firebuy Limited. (SI2006/966) Fund administered by the London Pensions Fund Authority. (SI2006/966)

Notes

1. An ILEA employer is an institution or school [SI20001164] 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 [SI20001164] 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.

4. The relevant valuation tribunal for an employee of the Valuation Tribunal Service is the valuation tribunal for which all or most of the employee's work is performed. (SI2004/573)

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 Borough Council

Merthyr Tydfil County Borough Council

Rhondda, Cynon, Taff County 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 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

Middlesborough 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

 

Schedule 5A
(Regulation 108A)

MIS-SOLD PENSIONS

Prescribed persons
     1 . For the purposes of regulation 108A(2) (prescribed persons to whom information may be provided) the persons are: - 

(a) a person who is an authorised person within the meaning of the Financial Services and Markets Act 2000 ("the 2000 Act"), (SI2001/3649) or who (SI2001/3649) has been an authorised person within the meaning of the Financial Services Act 1986 ("the 1986 Act") (SI2001/3649) ("an authorised person");

(b) an appointed representative within the meaning of section 44 of the 1986 Act section 39 of the 2000 Act (SI2001/3649) ("an appointed representative");

(c) a recognised self-regulating organisation within the meaning of the 1986 Act; (SI2001/3649)

(d) a recognised professional body within the meaning of the 1986 Act; (SI2001/3649)

(d) a designated professional body within the meaning of section 326 of the 2000 Act; (SI2001/3649)

(e) the Securities and Investments Board; (SI2001/3649)

(e) the Financial Services Authority, (SI2001/3649)

(f) the Investors Compensation Scheme Limited; (SI2001/3649)

(f) the scheme manager (within the meaning of section 212(1) of the 2000 Act); (SI2001/3649)

(g) a professional indemnity insurer of an authorised person or an appointed representative;

(h) The Chartered Accountants Compensation Scheme Limited;

(i) The Solicitors Indemnity Fund Limited;

(j) a person or body arbitrating or adjudicating in, or investigating or considering, a complaint brought by such an individual as is mentioned in section 172(1) of the Pensions Act against an authorised person or an appointed representative;

(k) a person or body appointed to act on behalf of any of the above.

    2 . For the purposes of regulation 108A(3) (persons on whom fees may be imposed) the persons are any person listed in sub-paragraphs (a) to (d) and (f) to (i) of paragraph 1 and any person or body appointed to act on behalf of any of those persons.

     3 . A restitution payment in relation to an individual shall be an amount equal to the total of: - 

(a) the capitalised value of the rights which would have accrued to him under these regulations at the material date if he had been a member of the Scheme throughout the relevant period including the capitalised value of any rights under the Pensions (Increase) Act 1971[7] and the Pensions (Increase) Act 1974[8], and

(b) the transfer value (if any) previously paid out of the Scheme under regulation K2 to the personal pension scheme in respect of the transferred-out service increased by interest at a rate approved from time to time by the Government Actuary for that purpose on a daily basis over the period from the date on which such a transfer value was paid out of the Scheme to the date on which it is assumed, for the purpose of calculating the restitution payment, that a transfer value will be paid to the Scheme ("the calculation date").

     4 . The amount, if any, calculated by virtue of paragraph 3(b) shall be at least equal to the amount of the cash equivalent transfer value which would be payable by the Scheme in respect of the transferred-out service if the Scheme were to pay a cash equivalent transfer value in respect of that service immediately after the calculation date.

     5 . In this Schedule - 

(a) "capitalised value" means the capitalised value at the material date as determined by the fund authority in such manner as shall be approved by the Government Actuary and using the current tables of factors issued by the Government Actuary for calculating cash equivalent individual transfer values;

(b) "material date" means the date on which the administering authority is asked to provide the calculation of the restitution payment;

(c) "relevant period" has the same meaning as in regulation K15A(3) ((b)(i)); and

(d) "transferred-out service" means the period of service which the member transferred out of the Scheme by exercising a right to a cash equivalent under regulation K2.
(SI1997/1613)