Discretions under the Local Government Pension Scheme 2014
These discretions are Employer discretions under The Local Government Pension Scheme Regulations 2013 (prefix R) and The Local Government Pension Scheme (Transitional Provisions, Savings and Amendment) Regulations 2014 (prefix TP) on which Employers are required to formulate and publish a policy on.
East Sussex Pension Fund
Employer: Wealden District Council
Date of Policy Statement : 03/06/2024
Date for Review: 03/06/2028
| Regulation | Discretion | Employer’s Policy on the exercise of this discretion |
|---|---|---|
| R16(2)(e) | Where Additional Pension Contributions are to be paid by regular contributions in order to purchase additional pension, whether to fund in whole or in part a member’s additional pension contribution. The maximum additional pension which can be purchased is £7,026 with effect from 1 April 2019. | WEALDEN DISTRICT COUNCIL will only grant additional pension contributions (of up to £7,026) to employees where there is a proven benefit to the organisation which takes into consideration any costs that may be borne by the Authority. Any such granting of additional pension will be agreed by the relevant Chief Officer, in consultation with the Portfolio Holder for the service area, the Leader and Portfolio Holder Finance and HR and the Head of People & Organisational Development. When considering acting under this discretion all those involved should be mindful of age discrimination factors. It should be noted that payments cannot be made under this Regulation to a member of staff who will shortly leave the service with an enhanced redundancy payment under Regulation 6 of the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations. |
| R16(4)(d) | Where an Additional Pension Contribution is to be paid by a lump sum contribution in order to purchase additional pension, whether to fund in whole or in part a member’s additional pension contribution. The maximum additional pension which can be purchased is £7,026 with effect from 1 April 2019 | WEALDEN DISTRICT COUNCIL will only grant additional pension contributions by lump sum (of up to £7,026) to employees where there is a proven benefit to the organisation which takes into consideration any costs that may be borne by the Authority. Any such granting of additional pension will be agreed by the relevant Chief Officer, in consultation with the Portfolio Holder for the service area, the Leader and the Head of People & Organisational Development. When considering acting under this discretion all those involved should be mindful of age discrimination factors. It should be noted that payments cannot be made under this Regulation to a member of staff who will shortly leave the service with an enhanced redundancy payment under Regulation 6 of the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations. |
| R30(6) & TP11(2) | Whether to allow an active member who has attained the age of 55 or over, reduces their working hours or grade to receive immediate payment of all or part of their retirement pension to which the member is entitled in respect of that employment subject to an actuarial reduction. | WEALDEN DISTRICT COUNCIL will exercise the Employer’s Discretion to give consent to the immediate payment of benefits to employees who has attained the age of 55 or over who reduces their working hours or grade to receive immediate payment of all or part of their retirement pension to which the member is entitled to in respect of that employment subject to an actuarial reduction provided there is demonstrable benefit to the organisation which would take into account any extra costs to be borne by the Authority. It is the policy of the Council that any such consent shall be agreed by the relevant Chief Officer, in consultation with the Portfolio Holder for the service area, the Leader and the Head of People & Organisational Development. |
| R30(8) | Whether to waive in whole or in part any reduction in a member’s pension benefits as a result of a member who has not attained normal pension age but who has attained the age of 55 or over and has elected, under R30(5), to receive immediate payment of a retirement pension. Whether to waive in whole or in part any reduction in a member’s pension benefits where a member flexibly retires under R30(6) | WEALDEN DISTRICT COUNCIL will exercise the Employer’s Discretion to waive in whole or in part any reduction in a members pension benefits as a result of a member who has not attained normal pension age but who has attained the age of 55 or over and has elected to receive immediate payment of a retirement pension provided there is demonstrable benefit to the organisation which would take into account any extra costs to be borne by the Authority. It is the policy of the Council that any such consent shall be agreed by the relevant Chief Officer, in consultation with the Portfolio Holder for the service area, the Leader and the Head of People & Organisational Development. |
| R31 | Whether to award additional pension up to the maximum (£7,026 with effect from 1 April 2019) to an active member or a member who was an active member who was dismissed by reason of redundancy, or business efficiency, or whose employment was terminated by mutual consent on grounds of business efficiency within 6 months of the date the member’s employment ended. | WEALDEN DISTRICT COUNCIL will exercise the Employer’s Discretion to award additional pension up to a maximum of £7,026 to an active member or a member who was an active member who was dismissed by reason of redundancy, or business efficiency, or whose employment was terminated by mutual consent on grounds of business efficiency within 6 months of the date the members employment ended provided there is demonstrable benefit to the organisation which would take into account any extra costs to be borne by the Authority. It is the policy of the Council that any such consent shall be agreed by the relevant Chief Officer, in consultation with the Portfolio Holder for the service area, the Leader and the Head of People & Organisational Development. |
| Regulation | Discretion | Employer’s Policy on the exercise of this discretion |
|---|---|---|
| TP Schedule 2, para 1(1)(c) and 1(3) | Whether to “switch on” the 85 Year Rule for a member voluntarily drawing benefits on or after age 55 and before age 60 | WEALDEN DISTRICT COUNCIL will exercise the Employer’s Discretion to “Switch on” the 85 Year Rule for a member voluntarily drawing benefits on or after age 55 and before age 60 provided there is demonstrable benefit to the organisation which would take into account any extra costs to be borne by the Authority. It is the policy of the Council that any such consent shall be agreed by the relevant Chief Officer, in consultation with the Portfolio Holder for the service area, the Leader and the Head of People & Organisational Development. |
| TP3(1), TP Schedule 2, para 2(1), R30(8). | Whether to waive upon the voluntary early payment of benefits, any actuarial reduction on compassionate grounds or, for periods of service to which the compassionate service discretion does not apply, to waive any actuarial reduction on any grounds. | WEALDEN DISTRICT COUNCIL will exercise the Employer’s Discretion to waive, on compassionate grounds, the actuarial reduction applied to benefits from pre 1st April 2014 membership where the Council has “Switched on” the 85 Year Rule for a member voluntarily drawing benefits on or after age 55 and before age 60 provided there is demonstrable benefit to the organisation which would take into account any extra costs to be borne by the Authority. It is the policy of the Council that any such consent shall be agreed by the relevant Chief Officer, in consultation with the Portfolio Holder for the service area, the Leader and the Head of People & Organisational Development. |