Draft Regulations for a new look Local Government Pension Scheme for England & Wales

1. Draft Regulations for a new look Local Government Pension Scheme for England & Wales Published 22 December 2006 Consultation ends 28 February 2007 Target for the final Regulations to be laid is April 2007 New scheme in force at 1 April 2008

2. Amicus Pensions Team • Officers: - • John Allott • Bryan Freake • Lay Member Representative: - • Dick Banks • Amicus Local Authorities National Committee: - • Maintaining our lay democracy

3. Comparing the main proposalsinthe current scheme withthe draft Regulations for the new scheme

4. Final Salary Scheme The new scheme will remain a final salary scheme.

5. Accrual Rate Current scheme • 1/80th pension plus 3/80th lump sum x pensionable pay x pensionable service. Proposed new scheme • 1/60th pension x pensionable pay x pensionable service. • At retirement a member can exchange pension for cash up to a maximum cash lump sum of 25% of the overall value of their retirement benefit. The exchange rate is £12 cash for each £1 per annum pension given up.

6. Transfer to the new scheme • Benefits earned on service up to 31 March 2008 will remain on current scheme accrual basis – 1/80th Pension + 3/80th lump sum. • All members will earn benefit under the new scheme from April 2008 including those with protection under the Rule of 85-1/60th pension.

7. Final pensionable pay • Current scheme • Pension based on pensionable pay in last year of service or one of the two immediately preceding years. • Proposed new scheme • Pension based on pensionable pay in last year of service or best average of three consecutive years in the last ten.

8. Employee contribution • Current scheme • 6% of pensionable pay. • 5% protected for those on manual grades at April 1998. • Proposed new scheme • 5.5% on first £12,000 of pensionable pay. • 7.5% on pensionable pay above £12000. • Based on average contribution of 6.3%. • Those on whole time pay up to £16,000 will pay less than the current 6%. Those on whole time pay up to £20,000 will pay less than the average of 6.3%.

9. Retirement Age • Current scheme • Normal retirement age 65. • Can retire from age 60 without employer consent. • Minimum retirement age from age 50 increasing to 55 from April 2010. • Members can retire before age 65 without an early retirement reduction if age and service equal 85 (Rule of 85). • Phasing out of Rule of 85 • Rule of 85 ends for service after April 2008 • Protection for those age 60 before April 2016 • Tapered protection for those age 60 between April 2016 and March 2020.

10. Retirement Age • Proposed new scheme • Normal retirement age 65. • Can retire from age 60 without employer consent. • Minimum retirement age 50 increasing to 55 from April 2010 (55 from April 2008 for new starters). • Protections for Rule of 85 go forward into the new look scheme.

11. Ill Health Retirement • Current scheme • Unable to do current job until at least age 65, or comparable job offered by employer. • More than 5 years service at retirement to qualify. • Pension enhanced by formula based on service and age as follows: • Up to 10 years service doubled • Between 10 and 13 1/3 years service increased to 20 years • Service more than 13 1/3 years increased by 6 2/3 years. Enhancement cannot exceed potential service to age 65.

12. Ill Health Retirement • Proposed new scheme Member leaves service on ill health grounds with a reduced likelihood of undertaking ‘gainful employment’, an ill health pension will be paid. Any service enhancement will be based on when member is expected to be able to undertake ‘gainful employment’. • Unable to undertake gainful employment before age 65, service is enhanced by 50% of potential service to age 65. • Able to undertake gainful employment before age 65, service is enhanced by 25% of potential service to age 65. • Able to undertake gainful employment within a reasonable time of leaving, accrued benefits to date of leaving are payable with no enhancement. Underlying guarantee that enhancements are to be no worse than under current scheme???

13. Retirements on grounds of redundancy and efficiency • Current scheme • If forced to retire on redundancy/efficiency grounds after minimum retirement age - immediate pension earned to date of leaving without any early payment reduction paid. • Proposed new scheme • If forced to retire after minimum retirement age - employer decides whether to pay a pension and if so, whether it is reduced for early payment??? *Minimum retirement age for new staff is age 55. For existing staff, it is age 50 until April 2010 - when it goes up to 55 for everyone in line with the Finance Act.

14. Employers’ power to increase pensionable service and pension in payment • Current scheme • Increase service by up to 6 2/3 years for those in service.* • Proposed scheme • Increase service by up to 10 years for those in service.* • Increase pensions in payment. * Limited to potential service to age 65.

15. Death in service benefits • Current scheme • Lump sum 2 x pay. • Proposed new scheme • Lump sum 3 x pay.

16. Survivor’s pension Current scheme • Widow/widower/civil partner’s pensions • ‘Short-term’ pay continues for up to 6 months, followed by ‘long-term’ pension based on 50% of ill health pension at date of death • Children’s pensions based on number of children and whether survivor’s pension payable. • Proposed new scheme • Pensions for co-habitees and unmarried partners backdated to 1 April 1988. • Pension same accrual rate as now. • We need clarification that it will be based on ill health pension. • Children’s pension same - but no up-rating where no survivors’ pension is payable.

17. Death in retirement • Current scheme • Death within 5 years of retirement – lump sum payable of 5 years’ pension, less pension already paid. • Proposed new scheme • Death within 10 years of retirement –lump sum payable of 10 years’ pension, less pension already paid. • Survivor’s pension • New scheme proposals similar to current scheme provision except no short-term pensions.

18. Members’ options to increase benefits • Current scheme • Buy additional years up to 6 and 2/3 years. • Pay additional voluntary contributions (AVC’s) • Up to the limits allowed by Finance Act –currently lifetime allowance £1.5million annual allowance £215,000. Proposed new scheme • Pay AVC’s to purchase up to £5000 per annum additional pension.

19. Sharing the future risk of the scheme • Review mechanism to be agreed by 1 April 2009. • No details yet.

20. Summary and next steps

21. Summary and next steps

22. Current scheme was changed from 6 April 2006 to allow greater flexibility for members Main changes are: • Members can take up to 25% of the value of their retirement benefits as a tax free lump sum by reducing their pension. • Members can remain in the scheme until age 75. • Members can reduce pay/hours and with employer consent draw their pension from age 50 and stay in work. • There is no maximum service. The old maximum of 40 years before age 60 and 45 before age 65 have been removed. • The maximum ceiling of 15% of pay that members can pay to increase benefits has been removed. Members can now pay up to 50% of their pay to the LGPS and additional voluntary contributions. Members can now earn benefits up to the maximum allowed by the Finance Act Currently lifetime allowance £1.5m Annual allowance £215,000.