Discretions relating to employers that no longer exist

Ref Regulation Description Avon Pension Fund Policy
62 R38(3) & R38(6) B31(4) & B31(7) Decide whether deferred beneficiary OR suspended Tier 3 member meets criteria of being permanently incapable of former job because of ill health and is unlikely to be capable of undertaking gainful employment before normal pension age or for at least three years, whichever is the sooner. This discretion only applies where the employer no longer exists. Where a request is received, APF, acting as Employer, will consider each case individually and a decision will be made based on the medical evidence available and the opinion provided by the Independent Registered Medical Practitioner.
63 TP3(5A)(vi), TL4, L106(1) & 95D11(2)(c) L31(5) & TPSch 2, para 2(1) Grant application and waive actuarial reductions for early payment of deferred benefits on or after age 55 (Normal Minimum Pension Age) on compassionate grounds. This discretion only applies where the employer no longer exists. APF, acting as Employer, as a general rule, will not normally exercise this discretion but may consider it where there are sufficient compassionate grounds, which might include but not be limited to where the member is needed to look after and care for a dependent relative full time, on an individual case basis, taking into account the individual or business case and foreseeable costs to the Fund.
64 TPSch 2, para1(2) & 1(1)(c) L1(1)(f) & R60 An employer can choose to allow rule of 85 protections to apply to a scheme member’s benefits on voluntary retirement from active status or in respect of a pensioner member with deferred benefits (and not on the grounds of flexible retirement). In doing this some or all of the early retirement reduction would not apply. This provision can only apply to scheme members who have reached age 55 and who have not reached the age 60. This discretion only applies where the employer no longer exists. APF, acting as Employer, as a general rule, will not normally exercise this discretion but may consider it under exceptional circumstances on an individual case basis, taking into account the individual or business case and foreseeable costs to the Fund.
65 TP3(1), TPSch 2, para 2(1) and para 2(2) B30(5) & B30A(5)

Whether to waive any actuarial reduction for a voluntary retirement (whether on compassionate grounds) or a pensioner with deferred benefits before normal pension age (other than on the grounds of flexible retirement) where the member has both pre-1 April 2014 and post 31 March 2014 membership:

  1. on compassionate grounds (pre-1 April 2014 membership) and/or in whole or in part on any grounds (post 31 March 2014 membership) if the member was not in the Scheme before 1 October 2006,
  2. on compassionate grounds (pre-1 April 2014 membership) and/or in whole or in part on any grounds (post 31 March 2014 membership) if the member was in the Scheme before 1 October 2006, will not be 60 by 31 March 2016 and will not attain 60 between 1 April 2016 and 31 March 2020 inclusive,
  3. on compassionate grounds (pre-1 April 2016 membership) and/or in whole or in part on any grounds (post 31 March 2016 membership) if the member was in the Scheme before 1 October 2006 and will be 60 by 31 March 2016,
  4. on compassionate grounds (pre-1 April 2020 membership) and/or in whole or in part on any grounds (post 31 March 2020 membership) if the member was in the Scheme before 1 October 2006, will not be 60 by 31 March 2016 and will attain 60 between 1 April 2016 and 31 March 2020 inclusive.

This discretion only applies where the employer no longer exists.

 APF, acting as Employer, as a general rule, will not normally exercise this discretion but may consider it where there are sufficient compassionate grounds, which might include but not be limited to where the member is needed to look after and care for a dependent relative full time, on an individual case basis, taking into account the individual or business case and foreseeable costs to the Fund.
66 R30(8) Whether to waive, in whole or in part, actuarial reduction on benefits from voluntary retirement before normal pension age where the member only has post 31 March 2014 membership. This discretion only applies where the employer no longer exists. APF, acting as Employer, as a general rule, will not normally exercise this discretion but may consider it under exceptional circumstances on an individual case basis, taking into account the individual or business case and foreseeable costs to the Fund.
67 R30(8) Whether to waive, in whole or in part, actuarial reduction on benefits paid on flexible retirement. This discretion only applies where the employer no longer exists. APF, acting as Employer, as a general rule, will not normally exercise this discretion but may consider it under exceptional circumstances on an individual case basis, taking into account the individual or business case and foreseeable costs to the Fund.