EDUCATION CENTRAL MULTI ACADEMY TRUST
Statement of Policy
This statement details the Trust’s policy decisions on the discretions that are applicable to
all employees of the Education Central Multi Academy Trust who are eligible to be members
of the LGPS. These are the employer discretions subject to written policy under the Local
Government Pension Scheme Regulations 2013 the Local Government Pension Scheme
(Transitional Provisions and Savings) Regulations 2014 and the Local Government Pension
Scheme (Benefits, Membership and Contributions) Regulations 2007.
‘Discretions’ are where the Trust can make local decisions on matters of pension policy
relating to our staff. The policy decisions detailed below will be reviewed every twelve
months and may be changed as appropriate by ECMAT Trustees.
LGPS Reg 2013
Regulation 16(2)e & Reg 16(4)d – Power of employing authority to make Additional
Pension Contribution (APC)
Whether, how much, and in what circumstances to contribute to a shared cost APC scheme
Education Central Multi Academy Trust will consider voluntarily contributing to a
shared cost Additional Pension Contribution (APC) in rare and exceptional
circumstances. Such cases would need ECMAT Board approval.
Education Central Multi Academy Trust is not prepared to contribute to a shared cost
APC scheme where members are undertaking industrial action that is identified as
having a detrimental impact on our students.
LGPS (Benefits, Membership & Contributions) Reg 2007
Regulation B12 – Power of the employing authority to augment membership for
members leaving on the grounds of redundancy or business efficiency
Whether, for member leaving on the grounds of redundancy or business efficiency on or
before 31st March 2014, to augment membership (by up to 10 years). The resolution to do
so would have to be made within 6 months of the date of leaving. Hence this discretion is
spent entirely after 30 September 2014.
Education Central Multi Academy Trust will consider to augment membership in rare
and exceptional circumstances. Such cases would need ECMAT Board approval.
LGPS (Benefits, Membership & Contributions) Reg 2007
Regulation 30(2) B Reg - Permit early payment of deferred benefits
From age 55 and before age 60 deferred members have the right to apply for early payment
of their retirement benefits subject to the consent of their employer. However, members
aged 60 and over do not need their employer’s consent.
Education Central Multi Academy Trust will consider early payment of deferred
pension benefits in rare and exceptional circumstances. Such cases would need
ECMAT Board approval.
LGPS (Benefits, Membership & Contributions) Reg 2007
Regulation 30(5) B Reg - Choice to waive actuarial reduction on payment of deferred
benefits paid early
Whether to waive, on compassionate grounds, the actuarial reduction applied to deferred
benefits paid early under B30
Education Central Multi Academy Trust will only waive actuarial reduction to deferred
benefits in rare and exceptional circumstances. Such cases would need ECMAT
Board approval.
LGPS (Benefits, Membership & Contributions) Regs 2007
Regulation 30A(3) B Reg - Choice to grant early payment of tier 3 ill health benefits
Whether to grant an application for early payment of a suspended tier 3 ill health pension on
or after age 55 and before age 60
Education Central Multi Academy Trust will only consider early payment of tier 3 ill
health benefits in rare and exceptional circumstances. Such cases would need
ECMAT Board approval.
LGPS (Benefits, Membership & Contributions) Regs 2007
Regulation 30A(5) B Reg - Choice to waive actuarial reduction to benefits paid early
Whether to waive, on compassionate grounds, the actuarial reduction applied to benefits
paid early under B30A
Education Central Multi Academy Trust will only waive actuarial reduction to benefits
paid early in rare and exceptional circumstances. Such cases would need ECMAT
Board approval.
LGPS Reg 2013 & LGPS (Transitional Provisions and Savings) Regs 2014
Regulation 30(6) & TP11 (2)- Flexible Retirement
A member who is aged 55 or over and with their employer’s consent, reduces their hours
and/or grade, can then, but only with the agreement of the employer, make an election to
the administering authority for all or part payment of their accrued benefits (both pension
and lump sum) without having retired from that employment.
If payment of benefits occurs before age 65, the benefits are actuarially reduced.
Education Central Multi Academy Trust is prepared to consider the request of a staff
member who is aged 55 or over to reduce his/her hours by at least 20% (based on
operational requirements). Education Central Multi Academy Trust will make every
effort to accommodate this request, although each specific case will be judged
equally and fairly on its own merits having fully considered operational needs and
financial cost.
LGPS Reg 2013
Regulation 30(8) – Power of employing authority to waive actuarial reduction on
flexible retirement
Whether to waive, in whole or in part, actuarial reduction on benefits paid on flexible
retirement.
Education Central Multi Academy Trust does not propose to waive actuarial reduction
on flexible retirement benefits.
LGPS Reg 2013
Regulation 30(8) – Power of employing authority to waive actuarial reduction when
member voluntarily draws benefits
Whether to waive, in whole or in part, actuarial reduction on benefits which a member
voluntarily draws before normal pension age.
Education Central Multi Academy Trust does not propose to waive actuarial reduction
when a member voluntarily draws pension benefits.
LGPS Reg 2013 & LGPS (Transitional Provisions & Savings) Reg 2014
Regulation TP Sch 2, para 2(2) – Power of employing authority to “switch on” the 85
Year Rule
Whether to “switch on” the 85 Year Rule for a member voluntarily drawing benefits on or
after age 55 and before age 60.
Education Central Multi Academy Trust will only consider “switching on” the 85 Year
Rule in rare and exceptional circumstances. Such cases would need ECMAT Board
approval.
LGPS Reg 2013 & LGPS (Transitional Provisions & Savings) Reg 2014
Regulation TP Sch 2, para 2(3) – Power of employing authority waive actuarial
reduction where the employer has agreed to “switch on” the 85 Year Rule
Whether to waive, on compassionate grounds, the actuarial reduction applied to benefits
from pre 1/4/14 membership 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.
Education Central Multi Academy Trust will only consider waive actuarial reduction to
benefits where it was agreed to “switch on” the 85 Year Rule in rare and exceptional
circumstances. Such cases would need ECMAT Board approval.
LGPS Reg 2013
Regulation 31 – Power of employing authority to award additional pension
An employer may resolve to award an active member or within 6 months of ceasing to be an
active member by reason of redundancy or business efficiency, additional pension of not
more than £6,500 a year.
Education Central Multi Academy Trust does not propose to award additional
pension.
Regulation 9(3) – Contributions payable by active members
Employers will determine the contribution rate payable based on pensionable pay at the
commencement of employment.
Where there has been a change to a member’s pensionable pay in the course of a financial
year, his/her employing authority may redetermine the contribution rate to be applied.
ECMAT will redetermine the contribution band in the course of a financial year should
there be any change to a member’s pensionable pay.
Regulation 25 A Reg - Shared Cost AVC
Employers may resolve to establish and maintain a Shared-Cost Additional Voluntary
Contribution Scheme (SCAVC). Who can join, how much the Education Central Multi
Academy Trust and employee will jointly contribute and the type of benefits provided must
be considered.
Education Central Multi Academy Trust does not propose to introduce a Shared Cost
Additional Voluntary Contribution Scheme.
Regulation 22 A Reg - Applications to make absence contributions
Employing authorities have the discretion to extend the period beyond 30 days for a person
to apply in writing to make contributions.
Education Central Multi Academy Trust will extend the period of 30 days in
circumstances beyond the members control or in exceptional circumstances.
Regulation 16 A Reg - Re-employed and rejoining deferred members
Where a deferred member becomes an active member again before becoming entitled to
the immediate payment of retirement benefits in respect of his/her former membership,
he/she may elect to have his/her former membership aggregated with his/her current active
membership. An election must be made in writing to the member’s appropriate
administrating authority before the expiry of the period of 12 months beginning with the date
that he/she again became an active member (or any such longer period as his/her employer
may allow).
Education Central Multi Academy Trust will extend the period of 12 months beginning
with the date that the member became an active member again, only where the
member commences work on a lower whole-time equivalent salary in real terms, than
the pay that the deferred benefits has been calculated on, to allow a member to
aggregate his/her former membership.
Regulation 100(6) - Inward transfers of pension rights
The person who becomes an active member who has relevant pension rights may request
his/her fund authority to accept a transfer value for some or all of his/her former rights. An
election must be made in writing before the expiry of the period of 12 months beginning with
the date that he/she became an active member (or any such longer period as his/her
employer may allow).
Education Central Multi Academy Trust will respect the twelve month time limit for
the automatic acceptance of a transfer value request. For the purposes of definition,
the twelve months is from the confirmation of a permanent contract of employment
with ECMAT. Outside this period, requests will not be accepted.
From 1 June 2004, an amended Internal Dispute Resolution Procedure will apply to active
members of the LGPS and to others such as deferred and pensioners members, whose
position may be affected by decisions taken by their former employer or LGPS
administrating authority.
Regulation 57 A Reg – Notification of first instance decisions
Responsibility for determinations under the first stage of the procedure now rests with a”
specified person” appointed by your (former) employer. Your employer must specify the job
title address of the person to whom applications should be directed.
The specified person is:
Name
Job Title
Address
Karen Phillips
ECMAT Officer
Education Central Multi Academy Trust
Room PA108
Wolverhampton Science Park
Glaisher Drive
Wolverhampton
WV10 9RU
Further information will be made available to employees on the implications of the above
discretions as they become applicable on an individual basis.
The Local Government Pension Scheme (LGPS) issues information to members on
changes to regulations. Further information may be obtained by contacting the LGPS
helpline is 0300 111 1665 or website www.wmpfonline.co.uk
June 2014 implementation date, to be reviewed every twelve months.