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Agenda Item 6 - Draft LGPS Discretions Policy

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STATEMENT OF POLICY ON:-
The Local Government Pension Scheme 2014
Discretions
by
Policy effective from
SWANAGE TOWN COUNCIL
25th February 2019
Agenda Item 6 - Draft Discretions Policy
Statement of Policy on :-
The Local Government Pension Scheme Regulations 2013 [R]
The Local Government Pension Scheme (Transitional Provisions and Savings) Regulations 2014 [TP]
The Local Government Pension Scheme (Administration) Regulations 2008 [A]
The Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007
(as amended) [B]
The Local Government Pension Scheme (Transitional Provisions) Regulations 2008 [T]
The Local Government Pension Scheme Regulations 1997 (as amended) [L]
The Local Government Pension Scheme (Miscellaneous Regulations) 2012 [E]
The Local Government Pension Scheme Regulation 1995 [C]
has resolved that the following Discretions available in the Statutory Instrument, should be implemented in
compliance with the Local Government Pension Scheme Regulations as set out below:-
The Employing Body which is
PART A - where formulation of policy is compulsory
Regulation Policy Decision
Regulations 16(2)(e) and 16(4)(d) of the LGPS
Regulations 2013
Power of employing authority to contribute to a
shared cost APC scheme
Whether, where an active member wishes to
purchase extra annual pension of up to £6,822
(figure at 1 April 2018) by making additional
pension contributions (APCs), to voluntarily
contribute towards the cost of purchasing that
extra pension via a shared cost additional
pension contribution (SCAPC)
Regulation Policy Decision
Sch 2, para 1 (1) (c) [TP]
Power of employing authority to apply 85 Year
Rule
(always excludes flexible retirement) upon
the voluntary early payment of deferred
benefits
Whether to "switch on" the 85 Year Rule for a
member voluntarily drawing benefits on or
after age 55 and before age 60.
Whether to waive, on compassionate grounds,
the actuarial reduction applied to benefits
where the employer has "switched on" the 85
Year Rule for a member voluntarily drawing
benefits on or after age 55 and before age 60.
Page 1
SWANAGE TOWN COUNCIL
Swanage Town Council will not normally contribute to a shared cost
Additional Pension Contribution (APC) scheme. However, this does
not preclude the Council from funding an employee's APCs in
exceptional circumstances or where there is a financial or practical
reason for doing so.
Swanage Town Council, while agreeing in principle to support the 85
Year Rule, will only "switch on" the 85 Year Rule, and waive, on
compassionate grounds, any associated actuarial reduction in
exceptional circumstances. Each case will be considered on its
merits giving due regard to the financial implications to the Council.
Regulation
Policy Decision
Regulation 30 (6) [R]
Flexible retirement
Whether all or some benefits can be
paid if an employee aged 55 or over reduces
their hours or grade (flexible retirement)
whether, in addition to the benefits the member
has accrued prior to 1 April 2008 (which the
member must draw), to permit the member to
choose to draw
all, part or none of the pension benefits they
accrued after 31 March 2008 and before 1 April
2014, and / or
all, part or none of the pension benefits they
accrued after 31 March 2014
Whether to waive, in whole or in part, actuarial
reduction on benefits paid on flexible
retirement.
Regulation 30 (8) [R]
Power of employing authority to waive
actuarial reduction
Whether to waive, in whole or in part, actuarial
reduction on benefits which a member
voluntarily draws before normal pension age.
Regulation Policy Decision
Regulation 31 [R]
Power of employing authority to grant
additional pension
Whether to grant additional pension to an
active member or within 6 months of ceasing
to be an active member by reason of
redundancy or business efficiency (by up to
maximum amount).
Regulation Policy Decision
Page 2
Swanage Town Council, while supporting flexible retirement, does
not agree to allow blanket consent to flexible retirement and the
drawing of pension benefits. Each flexible retirement request will be
referred to the Personnel Committee and considered on its merits
having due regard to the business case.
Swanage Town Council will not normally exercise this discretion, but
will consider each case on its merits and may waive the actuarial
reduction in exceptional circumstances.
Swanage Town Council may consider granting additional pension
payments only in exceptional circumstances of redundancy, or
termination of service on the grounds of the efficiency of the service.
Each case will be determined by the Council, upon recommendation
by the Personnel Committee, based on its merits.
Reg 30 (5) [A] & para 2(1) [TP]
Power of employing authority to waive upon
the voluntary early payment of deferred
benefits, any actuarial reduction on
compassionate grounds
For members (excluding councillor members)
who ceased active membership between 1
April 2008 and 31 March 2014
Sch 2, para 1 (1) (c) [TP]
Power of employing authority to
`switch on' the
85 year rule upon the voluntary early payment
of deferred benefits
Whether, as the 85 year rule does not
automatically fully apply to members who
would otherwise be subject to it and who
choose to voluntarily draw their deferred
benefits (on or after 14 May 2018) on or after
age 55 and before age 60, to switch the 85
year rule back on in full for such members
For members (excluding councillor members)
who ceased active membership between 1
April 2008 and 31 March 2014
Regulation Policy Decision
Sch 2, para 1 (1) (c) [TP]
Power of employing authority to
`switch on' the
85 year rule upon the voluntary early payment
of a suspended tier 3 ill health pension
Whether, as the 85 year rule does not
automatically fully apply to members who would
otherwise be subject to it and who choose to
voluntarily draw their suspended tier 3 ill health
pension (on or after 14 May 2018) on or after
age 55 and before age 60, to switch the 85
year rule back on in full for such members
For members (excluding councillor members)
who ceased active membership between 1
April 2008 and 31 March 2014
Regulation
Policy Decision
Policy DecisionRegulation
Page 3
Swanage Town Council will not normally exercise this discretion, but
will consider each case on its merits given exceptional
circumstances, having due regard to the financial implications to the
Council.
Swanage Town Council will not normally exercise this discretion, but
will consider each case on its merits given exceptional circumstances,
having due regard to the financial implications to the Council.
Sch 2, para 1 (1) (f) & 1 (2) [TP]
Power of employing authority to
to `switch on'
the 85 year rule upon the voluntary early
payment of deferred benefits?
For
active and deferred councillor members
and any other members who ceased active
membership between 1 April 1998 and 31
March 2008
Regulation Policy Decision
Reg 30A (5) [A] & para 2(1) [TP]
Power of employing authority to waive upon
the voluntary early payment of a suspended
tier 3 ill health pension, any actuarial reduction
on compassionate grounds
For members (excluding councillor members)
who ceased active membership between 1
April 2008 and 31 March 2014
Policy DecisionRegulation
Reg 31(2) [L]
Power of employing authority to
grant early
payment of benefits on or after age 50 and
prior to age 55
For
active and deferred councillor members
and any other members who ceased active
membership between 1 April 1998 and 31
March 2008
Regulation Policy Decision
Reg 31(5) [L] & sch 2, para 2(1) [TP]
Power of employing authority to
waive upon
the payment of benefits, any actuarial
reduction on compassionate grounds
For
active and deferred councillor members
and any other members who ceased active
membership between 1 April 1998 and 31
March 2008
Regulation Policy Decision
Page 4
Swanage Town Council will not normally exercise this discretion, but
will consider each case on its merits given exceptional
circumstances, having due regard to the financial implications to the
Council.
Swanage Town Council will not normally exercise this discretion, but
will consider each case on its merits given exceptional
circumstances, having due regard to the financial implications to the
Council.
Swanage Town Council will not normally exercise this discretion, but
will consider each case on its merits given exceptional
circumstances, having due regard to the financial implications to the
Council.
Reg D11 (2)(c) [C]
Power of employing authority to
grant early
payment of benefits on compassionate
grounds
Whether to grant applications for the early
payment of deferred pension benefits on or
after age 50 and before NRD on
compassionate grounds
For
members who ceased active membership
before 1 April 1998
Regulation Policy Decision
Page 5
Swanage Town Council will not normally exercise this discretion, but
will consider each case on its merits given exceptional
circumstances, having due regard to the financial implications to the
Council.
Regulation 9 & 10 [R]
Contributions payable by active members
How the pensions contribution band to which
an employee is to be allocated on joining the
Scheme, and at each subsequent April, will be
determined and the circumstances in which
the Scheme employer will, in addition to the
review each April, review the pension
contribution band to which an employee has
been allocated following a material change
which affects the member's pensionable pay
in the course of a Scheme year
Regulation Policy Decision
PART B - where formulation of a written policy is not compulsory
Regulation 22 (7) (b) and (8) & 10(6) [TP]
Facility to extend time limits for active
members to not aggregate deferred periods of
LGPS membership
Whether to extend the 12 month option period
for a member to elect that deferred benefits
should not be aggregated with a new
employment or ongoing concurrent
employment.
Regulation Policy Decision
Regulation 100 (6) [R]
Facility to extend time limits for active
members to request a transfer of previous
pension rights into the LGPS
Where an active member requests to transfer
previous pension rights into the LGPS, the
member must make a request within 12
months of becoming an active member.
Employers, with agreement of Administering
Authority, may allow a longer period than 12
months.
JOINT DISCRETION WITH ADMINISTERING AUTHORITY
Regulation Policy Decision
Page 6
Swanage Town Council will attribute each member to the
appropriate contribution band according to their salary on 1st April
annually. If an employees rate of pensionable pay is amended
significantly (up or down) during the course of the year, the
contribution rate will be adjusted accordingly.
Swanage Town Council will only consider extending the time limit of
12 months in exceptional circumstances and subject to the
agreement of the Administering Authority.
Swanage Town Council will only consider extending the time limit of
12 months in exceptional circumstances (i.e. an administrative error
caused by Swanage Town Council) and subject to the agreement of
the Administrating Authority.
Reg 17 & 15(2A) [TP]
Power of employing authority to determine
whether to, how much and in what
circumstances to contribute to a shared-cost
Additional Voluntary Contribution (SCAVC)
arrangement
Regulation Policy Decision
Reg 17 & 15(2A) [TP]
Power of employing authority to determine
whether to extend the time limit for a member
to elect to purchase additional pension by way
of a shared cost additional pension
contribution (SCAPC) upon return from a
period of absence
Whether to extend the 30 day deadline for
member to elect for a SCAPC upon return
from a period of absence from work with
permission with no pensionable pay (otherwise
than because of illness or injury, relevant
child-related leave or reserve forces service
leave)
Regulation Policy Decision
Regulation
Reg 21(4)(a)(iv), 21(4)(b)(iv) and 21(5) [R]
Power of employing authority to determine
whether to include a regular lump sum
payment when calculating assumed
pensionable pay (APP)
Policy Decision
Regulation
Reg 21(5A) and 21(5B) [R]
Power of employing authority to determine
whether, subject to qualification, to substitute
a higher level of pensionable pay when
calculating assumed pensionable pay (APP)
Policy Decision
Page 7
Swanage Town Council will not normally exercise this discretion and
will only consider contributing to SCAVCs given exceptional
circumstances, having due regard to the financial implications to the
Council.
Swanage Town Council will not normally extend the 30 day deadline
and will only exercise this discretion given exceptional
circumstances, having due regard to the financial implications to the
Council.
Swanage Town Council will determine each case on its individual
merits should any such cases arise.
Swanage Town Council will determine each case on its individual
merits should any such cases arise.
Other non-compulsory discretions are available for
The
in exercising the discretionary powers available
under the above Regulations has acted with due prudence and propriety and considered the financial impact of
applying the discretions.
These policies may be subject to review from time to time. Any subsequent change in this Policy Statement will be
notified to affected employees.
Signed on behalf of:
Signature: Date:
Please PRINT name of person signing:
The LGPC Secretariat’s understanding of the discretions which exist within the LGPS regulatory framework and the
parties responsible for exercising those discretions can be found at the website below.
Also on this webpage is a discretions policies document, setting out in more detail the LGPC Secretariat's
understanding of the discretions that employers should have a policy on. This will be of use while compiling your
policy.
http://www.lgpsregs.org/resources/guidesetc.php
to consider, and cases where these may arise in the future will be considered on an individual basis; the merits of each
case being fully investigated.
Page 8
Swanage Town Council
Swanage Town Council
Swanage Town Council
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Agenda Item 6 - Draft LGPS Discretions Policy

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