Section Three
11 - DEATH OF AN EMPLOYEE
11.1 Death of an Employee
Forms LGPS 15
& 16 must be completed and sent to the Pensions Section as soon as possible together with a letter giving the name of any
surviving spouse and / or next of kin. If there are any difficulties in
supplying this information please contact the Pensions Section immediately.
The Pensions Section will communicate with the next of
kin and request to see the Death Certificate and, if applicable, copies of
the spouse's Birth and Marriage Certificates, and any children's Birth
Certificates, that may be required before payment of any pension can be
made.
11.2 Death Grant – Regulation 38
A lump sum death grant of two times final pay is
payable no matter how long the employee has been a member of the LGPS. For
part-time employees, the final pay is not increased to its whole-time
equivalent rate. Should 3/80ths of the final pay multiplied by the total
membership (as increased by the ill-health enhancement) be greater, this
will be paid instead.
The Avon Pension Fund has the discretion to pay the
lump sum death grant to the nominee or any person who appears, at any
time, to have been the deceased's relative or dependant. If any part of
the death grant has not been paid by the second anniversary of the
member's death, it must be paid to the member's Estate.
Nomination forms are contained in the Information Packs
given to all new employees. Forms are also available direct from
the Pension Section. Completed forms should be returned directly from the
Pension Section where a receipt will be sent direct to the member.
The advantage of completing a nomination form is that the
death grant is paid quickly without having to wait possibly several months
for the deceased's Estate to be settled.
11.3 Spouse's Pension – Regulations 40 and 41
Only legally married spouses or civil partners are entitled to a
pension on the death of a member.
A short-term pension, at an annual rate equal to final pay, is paid to
a widow, widower or civil partner for three months immediately following
the death of a member, no matter how long they have been a member of the
LGPS. If there are eligible children (any of whom are in the care of your
widow, widower or civil partner) this pension is paid for six months. For
part-time employees, the final pay is not increased to its whole-time
equivalent rate.
If the member dies in service having accrued three months total
membership or if they have brought a transfer value into the LGPS, then
the LGPS will also pay a long-term pension to your widow, widower or civil
partner, commencing when the short-term pension ends.
For a widow whose husband had at least three months total membership,
the long-term pension is generally half the pension her husband would have
received if he had retired early due to ill health on the day he died.
Where the husband had less than three months total membership but had
transferred pension rights into the LGPS, it will be calculated as one
160th of his final pay for each year of total membership
For a widower, the long-term pension is calculated in the same way.
However, only the deceased scheme member's total membership from 1st April
1972 is used in this calculation, unless the deceased scheme member had
opted for membership before this date to count for widower's pension
purposes on payment of additional contributions.
For a civil partner, the long-term pension is calculated in the same
way as a widow. However, only the deceased scheme member's total
membership from 6th April 1988 is used in this calculation.
11.4 Children's Pension – Regulations 44 - 46
Pensions will also be payable in respect of all eligible
children under the age of 17 years in all cases. Since the age of 17 and
over, if the eligible child has been:
- engaged continuously in full-time education, or
- in training for a trade, profession or vocation, or
- is physically or mentally incapacitated and became so within (a) or
(b) above.
The Local Government Pension Regulations define an
"eligible child" to be:-
- the deceased’s legitimate or adopted child, or
- a child who was wholly or mainly dependent on the deceased at the time
of his death or, where the child is born after the member’s death, who
would have been so dependent if he had been born before or on the date
of the deceased member’s death,
but does not include a child who was born on or after the
first anniversary of the date of the deceased’s death."
Children’s pensions, except in case (c) above, will cease at age 23.
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12 – CALCULATION OF FINAL PAY
Definition of Final Pay
An employee’s final pay will normally be the
pensionable earnings of the final year of service ending with the day on
which employment ceases. See Example 1. The
Regulations provide that the best of the previous two years pay can be
substituted for the final year if the final year is not the best. See
Example 2.
Certificate of Protection of Pension Benefits
If the employee has been issued with a Certificate of
Protection of Pension Benefits the final pay will be chosen by the
employee and can be any one of the last five years ending with the day on
which employment ceases or an average of any three consecutive years of
the last thirteen ending on the day on which employment ceases.
Enhancements
If the employee is paid enhancements for night or weekend duty the
total payments for the enhancements due in the final pay period must be
added to the whole-time equivalent pay calculated for the final pay
period.
Honorariums
If an employee is paid an honorarium and contributions
have been deducted from it in the final year period the honorarium must be
apportioned if necessary. See Example 2.
Item of Pay Paid in Arrears
If an employee is paid an item of pay in arrears, for
example, additional payment for weekend work or a standby allowance, care
has to be taken so that only the payments relative to the period of the
final year’s pay are included. See Example 3.
Maternity Leave
If the period of final pay contains a period of maternity
leave and the employee has paid contributions during the maternity
leave any reduction in remuneration is ignored and the final year’s pay
must be calculated as if the employee had been in receipt of full pay.
Part-time Employee
The final year’s pay for part-time staff should be
calculated by reference to the pensionable earnings of an equivalent
full-time post. Please also state the actual part-time pensionable
earnings in these cases. See Example 4.
Payment in Lieu
Any payment in lieu of holidays or notice should not
be
included in the calculation of final pay as contributions are not due on
these payments.
Period of No Pay – No Contributions Paid
If the employee had had a period of leave without pay,
maternity leave or had been on strike and had not paid any additional
contributions to prevent the period being treated as non-pensionable
service, the final pay period would be the last 365 days that could be
treated as pensionable. See Example 5.
Sickness Absence
If the employee has been sick during the final year the
reduction in pay is ignored and the final year’s pay must be calculated
as if the employee had not been sick even if there has been a period of no
pay due to sick pay running out. This must include allowance for bonus
payments that would have been earned had the employee not been sick.
Example 1
Employee leaves/retires/dies on 6 July 2002 therefore
the final year’s pay is the pensionable pay in the period 7 July 2001 to
6 July 2002. Annual Salary from 1 April 2001 was £12,345.00 and
£12,750.00 from 1 April 2002. The final years pay is calculated as
follows:
7.7.2001 to 31.3.2002 at £12,345.00 pa (1,028.75 per
month) =
8 months + 25/31st x 1,028.75 = 9,059.64
1.4.2002 to 6.7.2002 at £12,750.00 pa (1,062.50 per
month) =
3 months + 6/31st x 1062.50 = 3,393.15
Final Year’s Pay = £12,452.79
Example 2 with Honorarium
Employee leaves/retires/dies as in Example 1. However
this time the employee received an honorarium of £1,200 on which
contributions were paid in September 2001 for additional work during the
period 1 September 2000 to 31 August 2001.
The final year’s pay in Example 1 would need to be
increased. The full amount of the honorarium would not be included in the
final pay calculation as the payment is for only part of the period
included in the calculation. Eg. 7 July 2001 to 31 August 2001, therefore,
the final pay figure of £12,452.79 would need to be increased by:
1 month + 25/31st x £100 (1/12th of £1,200) = 180.65
However, because the majority of the period in respect
of the honorarium falls outside of the period used to calculate the final
pay it is possible that the preceding year might be the best. The year in
question would be 7 July 2000 to 6 July 2001. Salary from 1 April 2000 is
£11,985.00 and £12,345.00 from 1 April 2001. Final year’s pay
calculated as follows:
7.7.2000 to 31.3.2001 at £11,985.00 pa (998.75 per
month) =
8 months + 25/31st x 998.75 = 8,795.44
1.4.2001 to 6.7.2001 at £12,345.00 pa (1,028.75 per
month) =
3 months + 6/31st x 1,028.75 = 3,285.36
Final Year’s Pay = £12,080.80
This figure is less than £12,633.44 (12,452.79 +
180.65) but the honorarium has to be included for the period 1 September
2000 to 6 July 2001 calculated as follows:
10 months + 6/31st x £100 = 1019.35
Therefore the best final years pay is £13,100.15.
Example 3 – Item of Pay
Paid in Arrears
If the employee in Example 1 was paid an additional
payment of £50 per month in arrear for being called out when required and
during the final year was called out in June, September, October, January,
February and April the final year’s pay would be increased by £250
only. The payment made in respect of June would have been paid in July but
would be ignored because it relates to a period outside of the final year.
Example 4 – Part-Time
Employee
A part-time officer ceases employment on 30 June 2002.
His contractual hours of employment and salary rates during the last year
of service are set out below.
|
Period |
Hours |
Part-time Salary |
Full-time Salary |
| |
|
Annual |
Monthly |
Annual |
|
1.7.2001 to 20.9.2001 |
*25/37 |
5,175.00 |
431.25 |
7,659 |
|
21.9.2001 to 31.1.2002 |
*30/37 |
6,448.38 |
537.37 |
7,953 |
|
1.2.2002 to 31.3.2002 |
30/37 |
6,594.32 |
549.53 |
8,133 |
|
1.4.2002 to 30.6.2002 |
*25/37 |
5,704.05 |
475.34 |
8,442 |
Note: * It is important that the Pensions Section is
informed of each revision in the contract of employment.
Pensionable Remuneration (Full -Time Equivalent) 1.7.2001 to
30.6.2002
| |
|
£ |
| |
|
|
|
1.7.2001 to 20.9.2001 |
2 20/30 x 1/12 x £7,659 = |
1,702.00 |
|
21.9.2001 to 31.1.2002 |
4 10/30 x 1/12 x £7,953 = |
2,971.92 |
|
1.2.2002 to 31.3.2002 |
2 x 1/12 x £8,133 = |
1,355.50 |
|
1.4.2002 to 30.6.2002 |
3 x 1/12 x £8,442 = |
2,110.50 |
| |
TOTAL |
8,039.92 |
Pensionable Remuneration (Actual Part-time Pay) 1.7.2001 to
30.6.2002
| |
|
£ |
| |
|
|
|
1.7.2001 to 20.9.2001 |
2 20/30 x £431.25 = |
1,150.00 |
|
21.9.2001 to 31.1.2002 |
4 10/30 x £537.37 = |
2,328.60 |
|
1.2.2002 to 31.3.2002 |
2 x £549.53 = |
1,099.06 |
|
1.4.2002 to 30.6.2002 |
3 x £475.34 = |
1,426.02 |
| |
TOTAL |
6,003.68 |
Example 5 – Period of No
Pay – No Contributions Paid
If the employee’s no pay period totalled 30 days and
was in the month of April 2002. The final pay period would be as follows:
7 June 2001 to 31 March 2002 and 1 May 2002 to 6 July
2002. Final pay being calculated as follows:
9 months + 24/30th x 1,028.75 = 10,081.75
2 months + 6/31st x 1,062.50 = 2,330.65
£12,412.40
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13 - COUNCILLORS' PENSIONS
The Local Government Pension Scheme and
Discretionary Compensation (Local Authority Members in England)
Regulations 2003 [SI 2003/1022] and the Local Authorities (Members’
Allowances) (England) Regulations 2003 [SI 2003/1021]
The above regulations set out the pension provisions
that relate to elected members (including mayors*)
in England and the role the independent remuneration panel plays in the
process of deciding who may be eligible for membership of the scheme.
These Regulations do not apply to Parish Council Members.
13.1 Membership of the LGPS
a) the independent remuneration panel is able to make recommendations as to which councillors of an English district council, county council or London borough council (who are under age 75) should be entitled to join the LGPS and whether the basic allowance or special responsibility allowance, or both, should be made pensionable;
b) a council’s scheme of allowances must set out which councillors are to be entitled to join the LGPS and also whether the basic allowance or special responsibility allowance, or both, is to be pensionable. The council will
only be able to make membership of the LGPS available to those councillors who are recommended for membership of the LGPS by the independent remuneration panel, but the council can decide not to offer membership to some or all of the recommended councillors;
c) an eligible councillor is entitled to join the Scheme at any age prior to the age of 75 and remain as an active member in the LGPS until the age of 75;
d) where a council’s scheme offers membership of the LGPS to a councillor it will be the responsibility of that councillor to decide whether or not to elect to join the LGPS;
e) an eligible councillor’s contribution rate will be 6% of pensionable allowances; and the date of entry to the LGPS will be from the 1st of month following the date of councillor’s election.
f) A councillor who joins the LGPS can decide to opt-out (see Section 5).
13.2 Councillors who are members of
the LGPS are:
a) entitled to benefits provided they have 3 month’s membership or have attained the normal retirement age for councillors (age 65);
b) entitled to retire voluntarily on or after age 65 and before age 75 (but with an actuarial reduction if the member does not satisfy the 85 year rule at the date of retirement, unless the council agrees to waive the reduction on compassionate grounds);
c) entitled, if the council gives its permission, to receive retirement benefits on or after age 50 and before age 65 (with an actuarial reduction if the 85 year rule is not satisfied, unless the council agrees to waive the reduction on compassionate grounds);
d) entitled to ill health benefits if they cease to be a councillor by reason of being permanently incapable (until age 70) of discharging efficiently the duties of that office because of ill-health or infirmity of mind or body; and
e) covered for spouse’s and children’s benefits, calculated by reference to career average pay rather than final pay;
f) not entitled to the redundancy / efficiency early retirement provisions of the Scheme.
See Section
6.3 for Councillors who leave with less than 2 years membership.
13.3 Deferred Benefits
Deferred benefits are awarded when a Councillor leaves
the LGPS without an immediate entitlement to the payment of benefits with
more than 2 years membership. These benefits are payable without reduction
from age 70 or from any earlier date on or after age 65 as the Councillor
elects when he / she would have satisfied the 85 year rule (see Section
9).
Alternatively, the deferred benefits can be paid;
at an actuarially reduced rate**
on or after age 65 and before age 75 where the member does not satisfy
the 85 year rule; or
if the council gives its permission, at any time on or after age 50
and before age 65 (but with an actuarial reduction***
if the 85 year rule is not satisfied); or
from any date the person is no longer a Councillor and becomes
permanently incapable of discharging efficiently his / her former
duties as a Councillor by reason of ill health or infirmity of mind or
body.
13.4 How Councillors’ benefits are calculated?
When a Councillor leaves the Scheme/retires, his/her
pension will be calculated as follows:
No. of years in the LGPS as a Councillor x
Career Average Pay
80
The lump sum retirement grant will be three times the amount of the
pension.
13.5 Career Average Pay
Career average pay is the total of the pensionable pay received by the Councillor
during their membership of the LGPS adjusted for rises in the Retail
Prices Index for each year or part year ending 31 March. The aggregate of
each years revalued pay is then divided by the total membership to arrive
at the career average pay.
13.6 What if a person remains a Councillor beyond
the age of 75?
If a person remains a Councillor beyond age 75 he / she will not be
able to draw pension benefits until he / she ceases to be a Councillor. The benefits will be actuarially increased to
compensate for the delay in payment.
13.7 What is due from the LGPS when a Councillor
dies?
Where a Councillor who is contributing to the LGPS dies in service, a
death grant of two times career average pay will be payable. If he / she
is a deferred pensioner at the date of death, a death grant of three times
the deferred pension will be payable and if he/ she dies whilst on
pension, a death grant of 5 times the pension less the amount of pension
already paid will be payable
13.8 Service and Transfers
As benefits for a "Councillor member" are
based on career average pay it has been decided that "Councillor
members" cannot transfer pension rights into the LGPS from another
Scheme or arrangement and cannot transfer "Councillor
membership" from another LGPS Fund. Similarly, a "Councillor
member" cannot aggregate any concurrent****
membership (under regulation 32A or 87(4) of the LGPS Regulations 1997).
A "Councillor member" may, however, aggregate
any earlier membership as a "Councillor member" with a current
period of membership as a "Councillor member" provided that both
the earlier and current periods are with authorities participating in the
same Fund.
If the "Councillor member" does not aggregate
(or is not able to aggregate) two separate periods of "Councillor
membership", the earlier period will not count in the later period
towards:
calculating the amount of benefits;
calculating the amount of any ill health
enhancement;
the 85 year rule
but will count towards qualifying for benefits.
It should be noted that the authority is not permitted to increase
membership (under
regulation 52 of the LGPS Regulations 1997) to increase membership for a "Councillor
member".
13.9 Information and Forms
An Information
Sheet including an application form to join the LGPS is available for
Councils to hand to Councillors. Form LGPS 1(Councillors) forms part of
the Information Sheet. When a Councillor ceases to be a member of the LGPS
please notify the Pensions Section by completing the relevant forms
referred to in this Guide. However, instead of quoting a final year’s
pay as calculated in Section 12
please state the total pensionable earnings that the Councillor has been
paid in the year to date of leaving.
Contributions paid by Councillors
must be included in the annual return of employees’ contributions.
13.10 Compensation Provisions
The Local Government (Early Termination of Employment)
(Discretionary Compensation) (England and Wales) Regulations 2006 i.e. the
provisions that permit the award of a lump sum
termination payment of up to 104 weeks pay upon redundancy or efficiency
retirement, do not apply to "Councillor members" and the calculation of any payment under the
Discretionary Compensation Regulations cannot include any period as a
"Councillor member".
The Local Government (Discretionary Payments)
Regulations 1996 do not allow "Councillor membership" to count
in the calculation of a gratuity or Injury Allowance.
* By virtue of
section 18(6) of the Local Government and Housing Act 1989 and regulation
2 of the Local Authorities (Elected Mayor and Mayor’s Assistant)
(England) Regulations 2002 [SI 2002/975] an elected mayor is to be treated
as a Councillor of an authority.
** Unless the council agrees to waive
the reduction on compassionate grounds
***Unless the council agrees to waive the reduction
on compassionate grounds
**** For example, where a person is concurrently
a Councillor for two councils, is in the LGPS in each, and ceases to be a Councillor
for one council but not for the other, he / she is not able to aggregate
the periods of membership.
14 - DETERMINATIONS AND APPEALS REGULATIONS 97-105
The Local Government (Internal Dispute Resolution Procedure) Regulations 1997 introduced the Internal Dispute Resolution Procedure
(as amended from 2004). This procedure applies to all members of the Local Government Pension Scheme and other members such as deferred and pensioner members whose position under the LGPS regulations may be affected by decisions taken by their former employer or the Fund.
The Fund is required to make arrangements for the resolution of disagreements between employers and active, deferred, pensioners and prospective members. An application must be made in writing within 6 months of the original decision or non-decision.
There is a dispute procedure, which consists of an initial formal application at Stage 1 to a ‘Specified Person’ appointed by the Employing Authority. This person should suitably qualified to deal with an individual’s complaint.
Stage 1
Employers are strongly encouraged to seek advice from the Avon Pension Fund if there is a disagreement with an employee on a pension matter. A simple explanation of a decision or recognition and subsequent correction of a misunderstanding can easily resolve many disagreements. This ensures that only significant disagreements are referred to Stage 1 for decision.
Each employer must specify the name and job title of their the person specified to deal initial complaints under this Stage.
The ‘Specified Person’ must issue their decision on the disagreement within 2 months of receipt of a written complaint. If a decision is not possible within the two months period the “Specified Person” must explain the reasons for the delay.
Stage 2
If the individual or employer is not satisfied with the decision under Stage 1, the matter can be referred the Administering Authority, Bath and North East Somerset for determination at the second stage of the procedure. A complaint must be made in writing, within 6 months of the date of the Stage 1 decision to:
Avon Pension Fund
Floor 3 South
Riverside
Temple Street
Keynsham BS31 1LA
Stage 3
If the dispute is still not settled to the appellant’s satisfaction the dispute can be referred to the Pensions Ombudsman.
Reference will be made to the services offered by the Occupational Pensions Advisory Service (OPAS) and the Pensions Ombudsman’s powers to investigate and determine any complaint or dispute of fact or law.
OPAS is available to assist members and beneficiaries of the LGPS with any difficulties they may have failed to resolve with the Fund Administrators and it may be contacted at:
OPAS
11 Belgrave Road
London
SW1V 1RB
The Pensions Ombudsman may investigate and determine any complaint or dispute of fact or law, in relation to an occupational pension scheme, made or referred to him. The Pensions Ombudsman may be contacted at:
1st Floor
11 Belgrave Road
London
SW1V 1RB
If the Administering Authority disagrees with a decision or non decision by an employing authority it can make an appeal to the Secretary of State.
15 - EMPLOYERS’ DISCRETIONS
15.1 Discretions on which Employers must make Policies
early payment of pension benefits at the request of a member (Regulation
31)
flexible retirement (Regulation 35)
augmentation of LGPS membership (Regulation 52)
the establishment of Shared Cost AVC schemes (Regulation 67)
Policies must be publicised to members.
Discretionary powers must:-
not be used for an ulterior motive and be exercised reasonably
be used with regard to all relevant factors e.g. the cost to council
tax payers must be balanced against the benefit to the employer
only be used when there is a real and substantial future benefit to
the employer in return for incurring the extra costs
be duly recorded when used
In drawing up policy statements, employers must satisfy themselves that
they are: -
applying the discretions reasonably
not fettered i.e. being used in such a way that individual
circumstances cannot be considered or usual practice rigidly followed
15.2 Changing Policy Statements
It would be unreasonable to expect an employer’s
statement to be "cast in stone", employment conditions are subject
to change and a policy, once regarded as fair and impartial may, over time,
come to be seen as outdated and unreasonable. The LGPS rules therefore allow
for a revised statement to be issued at least one month in advance of the
date that the new policy takes effect.
15.3 Purpose of the Policy Statements
The Fund is required, under the 1997 regulations, to
consult with employers on how they exercise the key discretionary powers.
They are not required to approve employers’ policy statements, but full
disclosure of the information must take place before they can be put into
operation. There are variations between employers. The Fund will offer
advice and, where necessary, take any appropriate action in cases where an
employer’s policy is likely to lead to undue costs to the Fund.
15.4 Other Employing Authority Discretions
Regulation numbers refer to the relevant regulation in
the Local Government Pension Scheme Regulations 1997
Reg 7(9) (a): Member who has opted out of the LGPS
on more than one occasion can only rejoin with the employer’s consent.
Reg 14(3) (b): A manual worker who was a member of
the LGPS prior to 1 April 1998 and who returns to local government after
being outsourced can opt to keep paying the 5% contribution rate (rather
than 6%) provided the option is made within 30 days of returning to local
government or such longer period as the employer allows.
Reg 18(6)+(7): A scheme member may elect to pay
optional contributions to cover a period of absence from duty providing the
option is made within 30 days of return to work/cessation of employment or
such longer period as the employer allows.
Reg 23(4): The employer may issue a
"Certificate of Protection of Pension Benefits" to protect a
scheme member’s pension rights where there has been a reduction in pay or
pay restraint beyond the member’s control, without receiving a request to
do so by the scheme member.
Reg 34(1)(b): Where a scheme member would be
entitled to a pension or retirement grant under two or more regulations by
reason of the same period of scheme membership the employer can choose which
benefit is to be paid if the member does not make a choice within 3 months
of becoming entitled to elect.
Reg 65(3): The employer can extend the one month
time limit for a member who paid AVCs with a previous scheme employer and
who commences employment with the employer within one month a day to elect to
continue paying AVC’s in their employment.
Reg 66(9)(b): A scheme member who wishes to elect
to convert In House AVCs into a period of scheme membership must do so
within 30 days of ceasing to be a member or such longer period as the
employer may allow.
Reg 88: A scheme member who meets the normal
criteria for a refund of pension contributions is not entitled to such a
refund if he/she ceased employment due to an offence of a fraudulent
character or due to grave misconduct unless the employer direct that a total
or partial refund may be made.
Reg 89: The employer may deduct the pension
contributions due under the LGPS from a person’s pay.
Reg 92: Where a scheme member is paid a refund of
pension contributions, the employer must pay a Contributions Equivalent
Premium (CEP) to the DSS. An element of this is recovered from the refund
paid to the scheme member. The balance may be recovered from the Fund
Reg 111: If a scheme member is convicted of, and
ceases employment as a result of, an offence in connection with his/her
employment which was gravely injurious to the State or liable to lead to a
serious loss of confidence in the public service, the employer can apply to
the Office of the Deputy Prime Miniser for the issue of a forfeiture certificate. If the Secretary of State issues a
certificate the employer may direct that any of the person’s rights be
forfeited.
Reg 112: Where the Secretary of State has issued a
forfeiture certificate but the employer has not applied the certificate nor
notified the scheme member of an award of benefits under the LGPS the
employer may direct that interim payments are made out of the Pension Fund
until such time as it decides to apply the forfeiture certificate or to make
an award of benefits
Reg 113: Where a member
- ceases employment in consequence of a criminal, negligent or
fraudulent act or omission in connection with that employment and
- has incurred a monetary obligation arising therefrom to the employer
and
- is entitled to pension benefits under the LGPS, the employer may
recover the amount of the monetary obligation or the value of the
members pension rights, if less. (other than transferred in pension
rights) from the Pension Fund and reduce the members benefits
accordingly.
Reg 115: Where
(i) a member ceases employment in consequence of an
offence involving fraud or due to grave misconduct in connection with that
employment, and
(ii) the employer has suffered a direct financial loss resulting therefrom,
and
(iii) the member is entitled to benefits under the LGPS
and a forfeiture certificate has been applied, or the pension
member is entitled to a refund of contributions
the employer may direct that the amount of the direct
financial loss (or the refund of contributions, if less) be recovered from
the Pension Fund.
Reg 121(8): If a scheme member wishes to transfer
pension rights into the LGPS he/she must opt to do so within 12 months of
joining the LGPS or such longer period as the employer may
allow.
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16 - PAYMENT OF PENSION CONTRIBUTIONS
16.1 Employer’s Contribution Rate
The rate of employer’s contributions is currently
assessed every 3 years as part of the triennial valuation of the Pension
Fund and is operative one year after the valuation date. For example, the
valuation of the Pension Fund as at 31st March 2007 will result in a revised
employer contribution rate with effect from 1st April 2008. The Pensions Section
will notify employing authorities of any change to the employer’s
pension contribution rate as soon as the Actuarial Valuation Report is
received.
16.2 Payment of employee and employer pension
contributions to the Avon Pension Fund
Payment of employee’s and employer’s pension
contributions relating to any month are technically due at the Pension Fund
on the first day of the following month. However, the Pensions Committee of
Bath and North East Somerset Council requires these payments to be made by
the 10th of the month following the month in which they were deducted.
Section 49 (8) of the Pensions Act 1995 makes it a legal
requirement that contributions deducted in a month must be received by the
Pension Fund within 19 days of the end of the month they were deducted.
Failure to meet this deadline is a civil offence and the Occupational
Pensions Regulations Authority (OPRA) can impose a fine on an employer of up
to £50,000.
It is vitally important, therefore, that employers who
miss the Pensions Committee deadline of the 10th of the month make these
payments no later than the 19th of the month. Employers who persistently do not meet
the Pensions Act deadline of the 19th of each month will be reported to OPRA.
The rules of the Local Government Pension Scheme still
require that if these contributions are not paid over within 30 days of the
1st of the month interest will be payable at the rate of 1% above base rate.
The Avon Pension Fund will write to each employer in
February of each year with details of the employer’s contribution rate for
the forthcoming financial year together with twelve remittance advices (Form
LGPS 50). This may be done by email or other electronic means.
Each time a payment of employee and employer
contributions is made the employer must complete the relevant advice (Form
LGPS 50). The
remittance advice contains the income codes for the contributions paid in by
each employer and ensures that the payments are credited to the Avon Pension
Fund.
The remittance advice requires both employee and employer
contributions to be shown separately for the contribution rates of 5% and 6%
with added years contributions shown as a separate amount. There are also
separate boxes for the total pensionable pay of 5% and 6% employees to be
shown. This information is important as it enables the Avon Pension Fund to
check that both the employees and the employer have paid the correct
contributions.
If payment is made by cheque, the cheque must be made
payable to Bath and North East Somerset Council and sent with the completed
remittance advice (Form
LGPS 50) to:
The Chief Cashier
Bath and North East Somerset Council
Guildhall
Bath BA1 5AW
In order to ensure that contributions are received by the
Pension Fund by the 10th day of the end of the month in which they were
deducted from pay employers may wish to consider making payment via the
Bankers Automated Clearing System (BACS). The details for payment in this
case are:
Account Title: Bath & North East Somerset Council
Account : 57134464
Sort code : 56-00-34
If making payment by BACS please send the completed
remittance advice (Form
LGPS 50) to the same address that cheques are sent,
to arrive before the payment is received.
Alternatively, the Pension Fund Accountant can email
you a Form LGPS 50 that can be saved as a template. This can then be
completed with the relevant dates and amounts each month and emailed to
the Chief Cashier (walter_mclintock@bathnes.gov.uk)
and to the Pension Fund Accountant (david_sheath@bathnes.gov.uk)
to arrive before the payment is received.
These procedures are to apply to all employers unless
other specific arrangements have been agreed between the employer and the
Pension Fund.
16.3 End of Year Summary
At the end of each financial year the Fund requires
employers to complete Form LGPS
51.
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