SCHEDULE 4APPROPRIATE FUNDS

Part I

1

The appropriate fund for a member is the fund specified in column 2 of the following Table for a member of such member’s description.

2

But where a member is within paragraph 5 of that Table, the Scottish Ministers may by direction substitute another fund (“the substituted fund”).

3

Before giving a direction under paragraph 2 Scottish Ministers must consult with any bodies appearing to them 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 29 (admission agreement funds)–

a

references in this Schedule and in regulation 28 (appropriate funds) to the fund are to the fund maintained by that authority under regulation 26 (pension funds); and

b

in relation to a member employed by a body specified in the notice required by regulation 29(3), the appropriate fund is the admission agreement fund.

TABLE

Member

Appropriate fund

1

An employee of an administering authority

Fund maintained by that authority

2

A member falling within the Table in Part II 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 4

Fund maintained by the administering authority within whose local government area all or most of the member’s employing authority’s area lies