PLOG JUNE Dorset County Pension Fund administered by Dorset County Council

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1 PLOG JUNE 2018

2 Today A quick look at Discretions And IDRP

3 Why have discretions? Statutory national scheme Rules laid out in legislation Discretions provide local flexibility Considerations Maintaining confidence in public service Costs and meeting those costs Avoiding fettering the use of discretions Avoiding discrimination All employers are different

4 Discretions Administration Regulation 60 Employers must prepare a written statement to cover Benefit Regulations: Contribute to a shared cost APC Apply 85 Year Rule before age 66 Flexible Retirement Waiving actuarial reductions Additional pension Early payment of deferred benefits Early payment of suspended tier 3 ill health pension

5 Employers must also: Send a copy to Dorset Pension Fund Publish the Statement Keep it under review Send copy & publish within 1 month

6 Other discretions There are a variety of other employer discretions in the regulations, which do not require a written policy It may be advisable to include a written policy to avoid appeals and to make processes easier Attribution APP 12 Month Transfer Window

7 Amendment Regulations 2018 Will change slightly required discretions Good opportunity to re-visit policies Over 3 years since new 2014 scheme

8 Help on formulating your policy Policy guidance notes Discretions template List of LGPS discretions All available at Employer-Forms

9 Help on formulating your policy How else can we help?

10 Internal Disputes Resolution Procedure IDRP

11 IDRP A formal complaints procedure for the LGPS For scheme members, prospective members, dependants or personal representative Set out in stages

12 IDRP What complaints might members have? Decisions by the employer Ill Health Retirement Application of discretions Decisions made by the Administering Authority Calculations of benefits to be paid Application of regulations Other Delays Lack of information

13 IDRP Sometimes people just like to moan! Sometimes they just don t understand! Sometimes we cant give them what they want!

14 IDRP INFORMAL STAGE Informal settlement of disputes A complaint is received, usually by letter from member A resolution will be sought If member still unhappy then they can commence to Formal Stage 1

15 IDRP FORMAL STAGE 1 Appeal submitted to Specified Person Within employing authority, or Within the administering authority Guides and application forms available for this purpose Within 6 months of relevant date (decision) Formal review of initial decision/dispute Consider all facts, reports, background information etc Have the regulations and relevant policies & procedures been followed? Response within 2 months Detailing determination/decision, or Explain when decision will be provided

16 IDRP FORMAL STAGE 2 Matter not resolved, further appeal made Stage 2 appeal must be made within 6 months of Stage 1 decision Looked at by the administering authority A formal review of case and of the decision made at Stage 1 Response within 6 months Cannot replace first decision made but can instruct to reconsider

17 IDRP Impartiality Decisions must be fair minded and impartial Not representing any party or interest No personal involvement

18 MEMBER STILL NOT HAPPY!! Where next? The Pensions Advisory Service (TPAS) Independent non-profit organisation providing free advice, information and guidance on pension matters First port of call following formal IDRP process They will attempt to explain or resolve issues Will provide their opinion to member as to whether case should be referred to the Ombudsman

19 MEMBER STILL NOT HAPPY. The Pensions Ombudsman Normally involved after IDRP process and TPAS Investigate and make determination Can award compensation Their determination is final and binding on all parties

20 Ombudsman and TPAS The Pensions Ombudsman Service and TPAS have now combined Still though effectively provide same service, so member can ask for advice at any stage Ombudsman service remains same

21 Karen go to new tps etc website

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23 ILL HEALTH Largest number of appeals in LGPS Usually against the tier awarded, or non award Tier 3 biggest issue! Stage 1 have procedures etc been followed? Please document everything, retain in case of appeal A further medical review may be necessary

24 Our Experience Ill Health bulk of IDRP Co-Habiting partner pensions two cases Maladministration/Employer Error We keep a log of all complaints and IDRP

25 Your Thoughts What thoughts, comments or suggestions do you have in regard to process? This Photo by Unknown Author is licensed under CC BY- NC-SA

26 QUESTIONS