POLICY REF NO SABP/EXECUTIVE BOARD/0015/POLICY01

Transcription

1 POLICY REF NO SABP/EXECUTIVE BOARD/0015/POLICY01 NAME OF POLICY: REASON FOR THE POLICY Retirement Policy To implement a fully flexible approach to retirement of all employees and to ensure that the Trust complies with the Employment equality (Age) Regulations WHAT THE POLICY WILL ACHIEVE: A consistent approach to supporting staff through the process of retirement and ensure compliance with the requirements of employment legislation. WHO NEEDS TO KNOW ABOUT IT: All employees of Surrey and Borders Partnership NHS Foundation Trust DATE APPROVED: 02 nd February 2017 VERSION NUMBER APPROVING COMMITTEE: 5.0 Executive Board DATE OF IMPLEMENTATION: DATE OF FORMAL REVIEW: AUTHOR/REVIEWER: DIRECTORATE RESPONSIBLE: DISTRIBUTION: 6 th March November 2019 Val Gillis Director of Human Resources Trust wide to all staff and managers Page 1 of 28

2 VERSION CONTROL SHEET Version Date Author Status Comment December 2001 Lynn Richardson Review Amendments made July 2014 Muriel Wren Review Amendments made June November February 2017 Val Gillis Review Amendments made Val Gillis Approved Approved in PAG. Val Gillis Approved Policy Version V.3.2 V.3.2 V.3.2 Page / Paragraph / Appendix Number Policy: para 1. Policy para 6. Procedure 3. Summary of Changes since Version 3.0 Author Status Original / New / Amendment / Deleted Statement Val Gillis Amendment Fourth paragraph: replace Pensions Agency with NHS Business Service Authority (NHSBSA) Val Gillis Amendment Replace Appraisal and Personal Development Review Policy and Procedure with Appraisal Policy Val Gillis Amendment Replace one of two with up to three. Fourth Line: Insert which was from Insert: to 31 st March 2015 Addition: From 1 st April 2015 the 2015 Section is available for the majority of employees. There are protection Page 2 of 28

3 arrangements in place for employees nearing retirement. V.3.2 Procedure Val Gillis Deletion Deleted: A package of changes in the 4 NHS Pension Scheme was implemented from 1 April 2008, resulting in the Pension Scheme now having 2 sections. If an employee was already a member of the Scheme on or before 31March 2008 they are a member 1995 Section (even if they joined before 1995). Members of this scheme may retire at age 60 with no actuarial reduction. V.3.2 Procedure: 4 Val Gillis Amendment Insert: From April 2015, the Normal Pension Age (NPA) that employees can receive their pension under the 2015 Pension Scheme arrangements (without reduction for early payment) will be the same as their State Pension Age). For 70% of NHS staff this will mean their pension age is between 65 and 68 years old. The link below will confirm an employee s State Pension Age Fifth paragraph: Insert From April 2015 employees may have membership in more than one part of the NHS Pension Scheme. If this is the case, then the options available for flexible retirement will vary according to the different schemes that the employee has accrued pension entitlements within.' V.3.2 Procedure: Val Gillis Addition Table Inserted; NHS PENSION 4 SCHEMES OPTIONS AVAILABLE V.3.2 Procedure 5 Val Gillis Addition Pension Estimates V.3.2 Procedure: 6.1 In Electronic Staff Records (ESR), staff have access to a Total Reward Statement (TRS) which is personal and unique to the individual. It shows staff the value of their employment package and highlights some of the benefits which are important to them. For members of the NHS Pension Scheme it also provides an overview of their pension benefits which may help in planning their retirement. Val Gillis Amendment Fourth line; Insert the Page 3 of 28

4 V.3.2 V.3.2 V.3.2 V.3.2 V.3.2 V.3.2 Procedure: 6.4 Procedure: 7.1 Procedure: 7.3 Procedure: 7.4 Procedure: 9 Procedure: 10.2 Val Gillis Deletion Deleted: Employees may wish to discuss with their line manager the possibility of resuming work after retirement either full-time, part-time or for short fixed-term periods, provided there is an opening for such a position. Deleted: Line Managers will be required to take account of Trust Business Plans, Workforce Plans, skill mix and current and future service needs before approving such a request. The normal recruitment procedure should be followed. Val Gillis Amendment Replace: Employees may choose to take voluntary early retirement from age 50, age 55 for members of the 2008 Scheme. with Employees may choose to take voluntary early retirement from age 50, age 55 for members of the 2008 and 2015 Schemes. Val Gillis Amendment Second Paragraph: Replace MPA is 55 in the 2008 section and 50 in the 1995 section provided employees joined the 1995 section before 6 April with MPA is 55 in the 2008 and 2015 section and 50 in the 1995 section provided employees joined the 1995 section before 6 April Val Gillis Amendment Replace Members of the NHS Pension Scheme who are 50/55 (in the 1995 Scheme) and 55 (in the 2008 Scheme) with Members of the NHS Pension Scheme who are 50/55 (in the 1995 Scheme) and 55 (in the 2008 and 2015 Schemes) Val Gillis Addition Replace Managers should ensure that the termination form they complete for the employee has retirement as the reason for the end of employment. with Managers should ensure that when they terminate the employee on ESR that they enter retirement as the reason for the end of employment. Val Gillis Amendment Replace Associate Directors with Senior Managers (who report to a Director) Page 4 of 28

5 V.3.2 V.3.2 Procedure: 10.3 Val Gillis Amendment Last Bullet Point; Replace Complying with the appropriate documentation requirements to the required timescales such as on-line termination forms, completion of AW8 Pensions Agency retirement forms. with Complying with the appropriate documentation requirements to the required timescales such as terminating the employee on ESR and completion of AW8 NHS Business Service Authority (NHSBSA) retirement forms. Glossary Val Gillis Addition 2015 Section of the NHS Pensions Scheme: Came into force on 1 st April 2015 for the majority of employees. Employees in the 1995 and 2008 Sections who, as at 1st April 2012, were either already over their normal pension age or 10 years or less from their normal pension age and in active membership on both 1st April 2012 and 31st March 2015 are entitled to Full Protection. Members of both the 1995 and 2008 Sections who, as at 1 April 2012, were more than 10 years, but less than 13 years and 5 months from their normal pension age and in active membership on both 1 April 2012 and 31 March 2015 are eligible for limited Protection. This is called this Tapered Protection.The 2015 Scheme is a Career Average Revalued Earnings (CARE) scheme. This is a form of defined benefit pension scheme which means you get a guaranteed level of benefit at retirement. In a CARE scheme your pension is based on your pensionable pay right across your career. The pension you earn each year is based on your pensionable pay in that year and is revalued by a set rate linked to inflation, known as revaluation, each year up to retirement or leaving the scheme. The final pension is calculated by adding together the revalued pension earned in each year of membership. 5.0 Procedure 6.4 Victoria Bishop App 2 Appendix 2 Victoria Bishop Amendment Addition Changes to paragraph 6.4 and the process for employees retiring paragraph 6.4 New form to be completed Page 5 of 28

6 Retirement Policy 1. INTRODUCTION The Trust recognises that its success is highly dependent on its ability to attract, recruit and retain suitably qualified, knowledgeable, experienced and skilled staff. The Trust also recognises the importance of supporting employees to achieve a balance between their work and home life, not only during employment but also in planning the transition to retirement. The Trust recognises that retirement is a time of considerable change for its employees and that it can have both psychological and financial implications. It can be a time that employees look forward to but can equally be a time of uncertainty. The default retirement age was phased out during 2011 and this policy ensures that the Trust is compliant with this change in legislation as well as the Equality Act The Trust does not accept any responsibility for advising employees about their pension arrangements and each employee should seek individual advice from the NHS Business Service Authority (NHSBSA) and/or an appropriate Financial Advisor. 2. SCOPE This Policy applies equally to all employees irrespective of age, disability, race, nationality, ethnic or national origin, gender, religion, beliefs, sexual orientation, HIV status, gender reassignment, political affiliation or trade union membership. 3. REFERENCES This policy is in line with Agenda for Change Terms and Conditions and supplements Terms and Conditions of Service for Medical & Dental Staff. 4. AIMS The aims of this policy are to: Ensure fair and equal treatment for all staff when approaching retirement. Clarify the rights of the individual and Surrey and Borders Partnership NHS Foundation Trust. Enable staff and their managers to consider all the available retirement options and make a well-planned transition from work to retirement if appropriate. Set out the retirement planning procedure that managers and staff must follow. Meet the requirements of the Equality Act 2010 and other relevant legislation. Enable workforce planning and succession planning. To treat people well within the Trust s Visions and Values. Page 6 of 28

7 5. AGREEMENT AND MONITORING This policy has been developed and agreed jointly in partnership between management and staff side organisations. The effectiveness and operation of this policy will be monitored in partnership on a regular basis at intervals of not less than one year. 6. ASSOCIATED TRUST POLICIES This Policy should be read in conjunction with the following Trust Policies available on the Trust s Extranet: Flexible Working Procedure Equality and Diversity Strategy Recruitment and Selection Policy Appraisal Policy Capability Policy Absence Management Policy and Procedure Disciplinary Procedure Grievance Procedure Bullying and Harassment Policy. Page 7 of 28

8 SABP/EXECUTIVE BOARD / POLICY 0015 NAME OF POLICY OR PROCEDURE: REASON FOR THE POLICY OR PROCEDURE WHAT THE PROCEDURE WILL ACHIEVE: WHO NEEDS TO KNOW ABOUT IT: Retirement Procedure To implement a fully flexible approach to retirement of all employees and to ensure that the Trust complies with the Employment Equality (Age) Regulations A consistent approach to supporting staff through the process of retirement Compliance with the requirements of employment legislation. All employees of Surrey and Borders Partnership NHS Foundation Trust. DATE APPROVED: 2 nd February 2017 VERSION NUMBER: 5.0 APPROVING COMMITTEE: Executive Board DATE OF IMPLEMENTATION: DATE OF FORMAL REVIEW: AUTHOR/REVIEWER: DIRECTORATE RESPONSIBLE: DISTRIBUTION: 6 th March rd November 2019 Val Gillis HR Directorate Trust wide to all staff and managers Page 8 of 28

9 CONTENTS PAGE Paragraph Number 1. Policy Statement 2. Scope 3. NHS Pension Scheme 4. Retirement Age 5. Pension Estimates 6. Flexible Retirement Options subject to Trust approval 6.1 Winding down 6.2 Step down 6.3 Partial Retirement Draw Down 6.4 Retire and Return on substantially reduced role following formal retirement on pension 6.5 Working for NHS Professionals 7. Early Retirement 7.1 Voluntary Early Retirement (VER) 7.2 Early Retirement due to ill-health 7.3 Early retirement in the Interest of the Service 7.4 Early Retirement due to Organisational Change 7.5 Mental Health Officer Status 8. Preparation for Retirement 8.1 Workforce Planning 8.2 Objective Justification 8.3 Notice of intention to retire 8.4 Pre-Retirement Course 9. Retirement Gift Page 9 of 28

10 10. Responsibilities 10.1 Directors 10.2 Associate Directors 10.3 Line Managers 10.4 Human Resources Department 10.5 Pensions Officer 10.6 All Employees 11. Useful Addresses / Telephone Numbers 12. Glossary Appendices Appendix 1 Retirement Gift Voucher Process Appendix 2 Request for Return after Retirement form 13. Monitoring Equality Analysis Page 10 of 28

11 1. Policy Statement Retirement is a time of great significance in a person s life and the Trust is committed to giving members of staff who are retiring every facility to ensure as smooth a transition as possible from work to retirement. This includes a flexible approach to retirement. The contribution of staff at all stages of their working life is acknowledged and respected by the Trust. The purpose of this policy and procedure is to lay down the principles and practices that will govern the Trust s approach to staff retirement. It is intended to promote equity and fairness and to give managers and staff the flexibility to plan retirements. 2. Scope This Policy applies to all staff employed by the Trust. Where this policy refers to the NHS Pension Scheme, staff are advised to contact the relevant scheme directly to discuss any impact on their pension of any choices they may wish to make about their retirement. Some basic information is given in this policy only as a guide. 3. NHS Pension Scheme At present staff can be a member of up to three Sections of the NHS Pensions Scheme: the 1995 Section, which closed to new members on 1st April 2008, or the 2008 Section which was available to new staff from 1st April 2008 to 31 st March From 1 st April 2015 the 2015 Section is available for the majority of employees. There are protection arrangements in place for employees nearing retirement. When planning for retirement staff should establish which Section of the Pension Scheme they are in. If unsure, staff should contact their Pensions Officer for clarification. 4. Retirement Age Under the Equality Act 2010 it became illegal to issue staff with notice to compulsory retire at the age of 65 after 1 October From April 2015, the Normal Pension Age (NPA) that employees can receive their pension under the 2015 Pension Scheme arrangements (without reduction for early payment) will be the same as their State Pension Age). For 70% of NHS staff this will mean their pension age is between 65 and 68 years old. The link below will confirm an employee s State Pension Age; There are certain staff groups (in the 1995 Section only) who, due to the nature of their work, are entitled to take early retirement on different terms to those outlined Page 11 of 28

12 above. Female qualified nurses, midwives, physiotherapists, occupational health nurses and health visitors together with male or female mental health officers, employed before March 1995, can retire from age 55 with no reduction to their pension (except that the number of years worked will affect the amount of pension entitlement). Male qualified nurses, midwives, physiotherapists, occupational health nurses and health visitors can also retire at age 55 but benefits will only be based on membership from 17 May From April 2015 employees may have membership in more than one part of the NHS Pension Scheme. If this is the case, then the options available for flexible retirement will vary according to the different schemes that the employee has accrued pension entitlements within. NHS PENSION SCHEMES - OPTIONS AVAILABLE OPTIONS 1995 SECTION 2008 SECTION 2015 SECTION Wind Down Step Down Partial Retirement X Draw Down Late Retirement Enhancement X Early Retirement Reduction Buy Out X X Page 12 of 28

13 5. Pension Estimates In Electronic Staff Records (ESR), staff have access to a Total Reward Statement (TRS) which is personal and unique to the individual. It shows staff the value of their employment package and highlights some of the benefits which are important to them. For members of the NHS Pension Scheme it also provides an overview of their pension benefits which may help in planning their retirement. 6. Flexible Retirement Options subject to Trust approval The Trust is keen to support employees who wish to look at their retirement with a flexible approach, and has the following options available for managers and employees to consider: 6.1 Winding down An employee may defer retirement and change from full-time to part-time and so carry on building-up pension entitlement i.e. working 6 years at 50% of full-time will be credited with 3 extra years of contributions to the scheme. The Line manager s formal agreement with the employee is needed for this option particularly if the move to part-time work also involves a change in job band (post must be evaluated under the Trust s job banding guidelines). 6.2 Step Down By agreement with senior line management, an employee may step down into a lower paid role whilst preserving pension rights already earned at the previous higher level and these will be index linked. The key aspects of this option are the availability of a suitable role, management agreement and the Trust notifying the agreement to NHS Pensions within 3 months of the agreed move in role. The employee s NHS pension that they have earned from the previous job will be frozen and they would then pay a pension into the lower paid job. When the employee finally retires the two pensions would be added together. However, NHS Pensions will calculate the most beneficial package for an employee in these circumstances. This option is available on a once only basis under the NHS Pension Scheme once an employee reaches the minimum pension age as described in paragraph 8.3 and if the pay goes down by at least 10%. An employee must request this in writing within 3 months of their pay going down. Page 13 of 28

14 6.3 Partial Retirement Draw Down Members of the 2008 NHS Pensions Scheme, on reaching age 55, can take some of their pension if they reduce their pay by switching to a lower paid job or reducing their hours of work. To qualify for Draw Down an employee must reduce their pensionable pay by at least 10%, the previous level of pensionable pay had lasted for at least 12 months and the new level is expected to last at least 12 months and the employee has not already drawn down twice. Benefits drawn down prior to age 65 will be reduced for early payment. Employees do not need to take a break in employment to drawn down and will continue to contribute to the scheme to build-up further membership and benefits. 6.4 Retire and Return on substantially reduced role following formal retirement on pension The underlying requirement of the NHS Pension Scheme Regulations is that all Scheme members must demonstrate a clear intention to retire from the NHS before NHS pension benefits are awarded. If employees choose to retire under the rules of the pension scheme and receive a pension, they can request to return to work within the Trust. The Manager should complete a Return after Retirement Business Needs Matrix form (Appendix 2). This form should be supported by the Associate Director/General Manager of the service and returned to the Division s HR Business Partner for consideration. If agreed the employee can return to their previous role, on a full time or part time basis (subject to the required break) without the requirement to go through a recruitment process. This would normally be on permanent contract not fixed term, and if a fixed term contract is requested, the reasons for that must be provided on the form. Special roles will not be created to facilitate retire and return opportunities. Any new posts would be advertised in the normal way. Employees who choose this option will no longer be members of the pension scheme and therefore cannot build-up any further pension entitlements in the 1995 scheme. The only proviso to this is that those drawing their NHS Pension and who are aged under 60 years, cannot earn more through pension and post retirement employment than their salary at retirement. Should this happen, their pension will be reduced to bring the total income down to the level of their pre-retirement salary. In addition, employees cannot work more than 16 hours a week within the first calendar month of retiring otherwise their pension will be suspended. To receive benefits there must be a break of at least 24 hours between leaving one post and taking up another. If an employee has more than one NHS job, they must leave them all for at least 24 hours. Retirees from the 2008 Scheme can automatically rejoin the scheme on re-employment, they must have a 24 hour break between jobs. Further information can be found on the NHS Pensions website. Page 14 of 28

15 6.5 Working for NHS Professionals Retiring employees are able to remain working in the Trust by registering to join NHS Professionals (NHSP). This enables the Trust to retain their skills and expertise; the member of staff can keep in touch with the Trust and, in addition, allows those employees the flexibility to choose when and how many hours they wish to work. 7. Early Retirement 7.1 Voluntary Early Retirement (VER) Employees may choose to take voluntary early retirement from age 50, age 55 for members of the 2008 and 2015 Schemes. For employees who joined the NHS Pension Scheme for the first time on or after 6 April 2006 (or had previously left the Scheme before 31 March 2000 with deferred benefits and rejoined on or after 6 April 2006) the minimum age that they can choose to retire is age 55 with effect from 6 April In all cases, benefits will be reduced to cover the extra cost of receiving a pension for longer. If an employee takes early retirement and returns to work within the NHS, they will not be eligible to rejoin the NHS Pension scheme unless they retired between 1 April 2008 and before 1 October 2009 when they will be able to join the 2008 scheme after a waiting period usually 2 years from the date of retirement unless they have reached maximum age or membership limits. Retirees who have retired from the 2008 scheme will be automatically re-joined in the 2008 scheme. Employees wishing to retire between the age of 50 and 60 (in the 1995 Section) and 55 and 65 (in the 2008 Section) can do so, but with an actuarial reduction to their pension. The amount of reduction is tiered according to members age at retirement. Further advice should be sought from NHS Pensions. 7.2 Early retirement due to ill-health Employees who become ill or permanently incapacitated to such an extent that they are unable to continue in their job may be eligible to retire on grounds of ill-health if they have been contributing to the NHS Pension Scheme, have more than 2 years membership and are permanently prevented from performing their duties due to illhealth. Ill-health retirement will be subject to the Absence Management Policy and Procedure SABP/Workforce/0033. There is no automatic right to ill-health retirement. This will be subject to approval by the NHS Pensions Medical Advisers. Any retirement under this category must be discussed fully with the line manager, Human Resources, Occupational Health and the Trust s Pensions Officer at an early stage. Before an application is made managers must ensure that absence has been monitored and reviewed in line with the Trust s Absence Management Procedure. Page 15 of 28

16 The line manager and HR representative must keep the Occupational Health Department fully updated on all ill-health retirement cases. 7.3 Early retirement in the Interest of the Service Retiring early in the interests of the service is flexibly available at employer discretion. The Trust will ensure that they exercise this discretion appropriately and will be conscious of the implications of any potential discrimination. Employees must be scheme members, have at least 2 years continuous service, at least two years scheme membership and have reached the minimum pension age (MPA). MPA is 55 in the 2008 and 2015 section and 50 in the 1995 section provided employees joined the 1995 section before 6 April Employees who joined the 1995 section on or after 6 April 2006 have a minimum pension age of 55. These arrangements are aimed at employees who have given valuable NHS service in the past but are no longer capable of doing so. This might be because of new or expanded duties or a decline in the ability to perform existing duties efficiently but not so as to qualify them for ill-health retirement. Directors would need to be assured by line managers that they had considered alternatives before agreeing to early retirement. In each case managers should seek Director approval to the early retirement as the Trust is responsible for meeting the costs involved. 7.4 Early Retirement due to Organisational Change Members of the NHS Pension Scheme who are 50/55 (in the 1995 Scheme) and 55 (in the 2008 and 2015 Schemes) with at least 2 years service may be eligible to retire with no reduction to their pension (except that the number of years worked will affect the amount of pension entitlement) if being made redundant. As the Trust is responsible for meeting the costs of redundancy benefits, managers must seek approval from the relevant Director prior to an employee s contract being terminated on the grounds of redundancy. 7.5 Mental Health Officer Status For employees with Mental Health Officer status there are early retirement options available within the NHS Pension Scheme. It is advisable to contact the Trust s Pensions Officer for further information (see paragraph 3). 8. Preparation for Retirement 8.1 Workforce Planning For all employees workplace discussions around where they see themselves in the next few years and where they see their contribution to the Trust is an important part of the Trust s Appraisal process. This provides an opportunity to discuss training requirements, development needs, further work requirements and views of the employees and their manager. Page 16 of 28

17 As part of the annual Appraisal process, managers should discuss retirement options with employees within two years of when they are able to draw their pension with no actuarial reduction. This must be handled sensitively as employees cannot be required to retire unless there are reasons which can be objectively justified. In relation to retirement managers should discuss: 1. The view of employees about their retirement plans; 2. Opportunities to attend pre-retirement courses; 3. Flexible retirement options as outlined in this policy. Support from Human Resources and the Pensions Officer is available in the provision of information and guidance, in confidence when needed. 8.2 Objective Justification Under the Equalities Act 2010, direct and indirect age discrimination will be lawful under Age Regulations if the employer can show that it is a proportionate means of achieving a legitimate aim. This must be a real need in relation to the service / organisation and the criteria that are applied must go no further than achieving this legitimate aim. A legitimate aim might include economic factors such as business needs and efficiency, the health, welfare and safety of the individual including protection of young people and older workers, the particular training requirement for the job. The test of objective justification is not an easy one and it will be necessary to provide evidence if challenged. Any such decisions will only be made in extenuating circumstances by a Director and Senior HR representative. 8.3 Notice of intention to retire Contractual periods of notice will not be more than 12 weeks for the majority of staff. However, managers and staff should be aware that ideally six months notice is necessary to process pension benefits. Staff should inform their line manager in writing of their intention to retire and to avoid delays, employees are requested to contact the Trust s Pensions Officer at least six months before their retirement to complete the necessary paperwork. If six months notice is not given, it may affect the date of receipt of the pension. If an employee is not in the NHS Pension scheme, then their normal notice period will apply. 8.4 Pre-Retirement Course The Trust provides a pre-retirement course which is available to book through ESR self-service. 9. Retirement Gift Employees who are retiring and have accrued 15 years service within the NHS are eligible for a 75 retirement gift voucher. The process is triggered when the employee notifies their manager of their intention to retire. Managers should ensure Page 17 of 28

18 that when they terminate the employee on ESR that they enter retirement as the reason for the end of employment. (See Appendix 1 for further information). 10. Responsibilities 10.1 Directors Directors are responsible for: Authorisation of the option to retire in the interest of the service Senior Managers (Who report to a Director) Senior Managers (who report to a Director) are responsible for: Authorisation of the option to retire and come back to work Line Managers Line Managers are responsible for: Managing pre-retirement planning with employees ensuring that the processes contained in this Policy and Procedure are adhered to. This can be discussed with individuals at their appraisal; Ensuring consistent application of the Policy and Procedure within their area of responsibility; Complying with the appropriate documentation requirements to the required timescales such as terminating the employee on ESR and completion of AW8 NHS Business Service Authority (NHSBSA) retirement forms Human Resources Department The HR Department are responsible for: Providing advice and support to managers and employees in the practical application of the Policy and Procedure Pensions Officer The Pensions Officer is responsible for: Administration of payment of final salary and, where applicable, pension administration in conjunction with HR and Payroll; To provide information to Managers and employees as and when requested. Page 18 of 28

19 10.6 All Employees Employees are responsible for: Fully engaging with the line manager in discussing pre-retirement plans/options; Ensuring the financial implications of a particular course of action on their pension situation is fully checked-out with appropriate professionals before making a final decision; Ensuring written notification of retirement date is sent to the line manager at least 6 months before the actual retirement date. 11. Useful Addresses / Telephone Numbers General information on pension and retirement planning can be obtained from: Guidance to the changes in state pension age can be obtained from the Department for Work and Pensions: Age UK is a registered charity which provides information guides and factsheets looking at all aspects of retirement including retiring abroad, managing your money, healthy living etc. Visit or call their advice line on NHS Pensions encourages members to obtain all relevant information from their web page at If it is not possible for members to obtain the information they require from the website, then the member s helpline can offer detailed information on (NHS Pensions require the member s pension reference which can be found at the bottom of their payslip or their National Insurance number). If staff have contributed to the NEST scheme (National Employment Savings Trust) and wish to claim these retirement benefits they should contact NEST via their own online NEST account on the website In cases where it is difficult to use the website the Helpline number is GLOSSARY 2008 Section of the NHS Pensions scheme: Came into force on 1 st April 2008 and gave the option to transfer from the 1995 section of the NHS Pension scheme during the choice exercise which took place over 3 years from 1 October Section of the NHS Pensions Scheme: Came into force on 1 st April 2015 for the majority of employees. Employees in the 1995 and 2008 Sections who, as at 1st April 2012, were either already over their normal pension age or 10 years or less from their normal pension age and in active membership on both 1st April 2012 and 31st March 2015 are entitled to Full Protection. Page 19 of 28

20 Members of both the 1995 and 2008 Sections who, as at 1 April 2012, were more than 10 years, but less than 13 years and 5 months from their normal pension age and in active membership on both 1 April 2012 and 31 March 2015 are eligible for limited Protection. This is called this Tapered Protection. The 2015 Scheme is a Career Average Revalued Earnings (CARE) scheme. This is a form of defined benefit pension scheme which means you get a guaranteed level of benefit at retirement. In a CARE scheme your pension is based on your pensionable pay right across your career. The pension you earn each year is based on your pensionable pay in that year and is revalued by a set rate linked to inflation, known as revaluation, each year up to retirement or leaving the scheme. The final pension is calculated by adding together the revalued pension earned in each year of membership. Special Classes: As governed by NHS Pension guidelines, Special Classes are Nurses and Midwives, Physiotherapists, Occupational Health Nurses and Health Visitors who commenced with the NHS Pension Scheme on or before 31 March Female members may retire with benefits from age 55 provided that their last 5 years of membership is in one of these jobs. Men in any of these jobs can retire from age 55 but their benefits will only be based on their membership from 17 May Benefits for membership before that date will not be paid until age 60 unless they choose to take reduced early retirement benefits for membership prior to 17 May Mental Health Officers (MHO s): Males or females working in an approved place used for the treatment of patients suffering from mental disorders and employed for the whole or almost the whole of their time in the direct treatment or care of those patients. A MHO with at least 20 years MHO membership may retire with benefits from age 55 and count each year of MHO membership over 20 years as 2 years for benefits purposes. These provisions are no granted to new entrants to the NHS Pension Scheme after 31 March Reckonable Service: Is the total years of NHS service. Page 20 of 28

21 14. MONITORING TO SHOW HOW THE EFFECTIVENESS OF THE POLICY/PROCEDURE WILL BE MONITORED What will be Monitored How / Method Frequency Lead Reporting to Deficiencies / gaps recommendations and actions Age Profile of Workforce Executive Board Monthly Director of HR Executive Board This will demonstrate whether our workforce is significantly aging and so further training of our managers in the implementation of the policy may be required. Reasonableness of the Policy Fair Application of the Policy Managers following the Retirement Policy correctly Personal discussion with individuals at the Pre-Retirement Courses Decreased numbers of Grievances in relation to retirement Payroll will provide evidence on whether terminations are being actioned to ensure pension is available on retirement Quarterly Quarterly Monthly Director of Learning & Develop ment Director of HR NHS Payroll Services Medical Director & Director of HR Director of HR If the workforce planning elements of the policy are being unfairly applied, this will become evident through the course feedback. Further communications and flagging to relevant managers if they are not completing paperwork correctly Page 21 of 28

22 APPENDIX 1 RETIREMENT GIFT VOUCHER PROCESS Employees who are retiring and who have accrued 15 years service within the NHS are eligible for a 75 retirement gift voucher. This process is triggered when the employee notifies their manager of their intention to retire. On receipt of a termination notification and where retirement is the reason for leaving, the HR Administrator will identify staff that have 15 years NHS service and check that an employee has not previously received a retirement gift. HR will coordinate the process of individual letters, from the Chief Executive, to each employee who is retiring and pass to Finance who will issue the vouchers and enclose in the letters. HR will advise Communications of the names, department and job titles of those who have retired and they will be published in the e-bulletin on a monthly basis. Page 22 of 28

23 Appendix 2 Return after Retirement Business Needs Matrix Page 23 of 28

24 EQUALITY ANALYSIS 1. About the policy/project/change Title of the policy / project / change: What are the intended outcomes / changes expected as a result of this policy / project / change: Are there links with other existing policies/projects: (if yes provide details) Retirement Policy and Procedure. To lay down the principles and practices that will govern the Trust s approach to retirement and to promote equity and fairness in both the planning of retirement and the provision of flexible options. Staff will have the flexibility to choose when to retire and request a range of flexible options in their working pattern as they near their proposed retirement date. Flexible Working Policy and Procedure Equality and Diversity Strategy Recruitment and Selection Policy Appraisal & Personal Development Review Policy & Procedure Capability Policy and Procedure Absence Management Policy and Procedure Disciplinary Policy and Procedure Grievance Policy and Procedure Bullying and Harassment Policy. 2. Decide if the policy / project / change is equality relevant Does the policy/project involve, or have consequences for people using services, carers, employees or other people? If yes, please state the groups of people who are likely to be affected. If yes, then the policy/project is equality relevant. If no, you can skip to section 6. However the majority of Trust policies and projects are equality relevant because they affect people in some way. The Procedure provides guidance for managers and staff on the retirement process. 3. Gathering evidence to inform the equality analysis What evidence have you gathered to help inform this analysis? This can include evidence from national research, surveys & reports, interviews and focus groups, policy monitoring and evaluations from pilot projects, etc. If there are gaps in the evidence available under any of the characteristics, please explain why this is the case and state what actions will be taken to close the gaps as part of the action plan. Please ensure you check Annex C of the guidance notes for sources of evidence. The Protected Characteristics & Evidence Page 24 of 28

25 Using the relevant available evidence - what is known, understood or assumed about each of the equality groups / protected characteristics identified below that could be relevant to this policy / project / change. Record the sources of the evidence used. Age (consider & record evidence for people from all age ranges e.g. this might include safeguarding, capacity & consent) The group looked at whether there was any specific mention of a different process or procedure for people of varying ages and concluded that each pension section had a different retirement age, and the 2015 section was linked to State Pension Age. Caring responsibilities (consider and record relevant evidence e.g. part time working, shift patterns, general caring responsibilities) Might help employees to work flexibly and plan for their future retirement. Disability (consider and record relevant evidence e.g. attitudinal, physical and social barriers etc.) No impact Gender reassignment (Transgender) (consider and record relevant evidence e.g. issues of privacy of data, historical records, promoting dignity & reducing harassment) Applied across the board to all staff regardless of gender reassignment. Marriage and civil partnership (applies to employment only) (consider and record relevant evidence e.g. part time working, shift patterns, general caring responsibilities etc.) Applied across the board to all staff regardless of marital or civil partnership status. Pregnancy and maternity (consider and record relevant evidence e.g. working arrangements, part time working, infant caring responsibilities etc.) No impact. Race / ethnicity (consider and record relevant evidence e.g. different ethnic groups, nationalities, language barriers, cultural differences etc.) No impact. Religion or belief (consider and record relevant evidence e.g. people of different religions, beliefs or no belief) No impact. Sex / gender (consider and record relevant evidence for men and women - also consider links to other characteristics e.g. caring) Applied across the board. No difference between males and females in the application of this policy. Sexual orientation (consider and record relevant evidence for heterosexual people as well as lesbian, gay and bi-sexual people) No impact. 4. Engagement and Involvement Page 25 of 28

26 Record the names of the people and/or groups involved in gathering evidence and/or testing the evidence against the policy / project / change. Who and how were they involved? Who name of individual / group(s) represented Lynn Richardson Jo Barnett Victoria Bishop Dennis Hockey Liz Case-Green Val Gillis How have these people been involved e.g. meeting Meeting Meeting Meeting Meeting Meeting Meeting 5. Analysis of the potential impact of the policy / project / change Based on the evidence you have gathered, describe any actual or likely impacts that may arise as a result of the decision and whether these are likely to be positive or negative. Where actual or likely impacts are identified, you should also state what actions will be taken to promote the likelihood of positive impacts as well as minimise or mitigate against possible or likely negative impacts, i.e. what can the Trust reasonably do to actively manage the consequences of its decision / action Eliminate discrimination, harassment and victimisation: Does the policy / project / change, help eliminate discrimination, harassment and victimisation in any way? If yes, provide details. If no, provide reasons Age Yes, the process would apply to all staff regardless of age. Caring responsibilities Yes. Staff can choose when to retire and request a range of flexible options in their working pattern as they near their proposed retirement date. Disability Gender reassignment Marriage & civil partnerships Pregnancy & maternity Race / ethnicity Religion or belief Sex / gender Sexual Orientation Yes. The process would apply to staff regardless. Yes, the process would apply to staff regardless. Yes, the process would apply to staff regardless of marital or civil partnership status. Yes. The process would apply to staff regardless. Yes, the process would apply to staff regardless of race or ethnicity. Yes, the process would apply to staff regardless religion or belief. Yes, the process would apply to staff regardless of sex or gender. Yes, the process would to staff regardless of sexual orientation. Page 26 of 28

27 Advance equality of opportunity: Does the policy / project / change, help develop equality of opportunity in any way? This could include removing or minimising disadvantages suffered by people due to their protected characteristics, taking steps to meet the needs of people from protected groups where these are different from the needs of other people, or encouraging people from protected groups to participate in activities where their participation is disproportionately low. If yes, provide details. If no, provide reasons Age Caring responsibilities Disability Gender reassignment Pregnancy & maternity Race / ethnicity Religion or belief Sex / gender The policy and procedure will ensure that all staff within the Trust are able to access the appropriate retirement information and that the Trust s managers operate a fully flexible approach to retirement that complies with the repeal of the statutory default retirement age and the Equality Act Sexual Orientation Promote good relations between different groups: Does the policy / project / change, help foster good or improved relations between different groups in any way? If yes, provide details. If no, provide reasons. Age Caring responsibilities Disability Gender reassignment The procedure allows for a fair process to manage the retirement of staff. Pregnancy & maternity Race / ethnicity Religion or belief Sex / gender Sexual Orientation What do you consider the overall impact: Considering the combined impact of the analysis and the actions required to promote the likelihood of positive impacts and minimise or mitigate against potential negative outcomes does the analysis support the implementation of the policy / project / change? Page 27 of 28

28 Yes. 6. Action Planning Actions to be taken as a result of this analysis (add additional rows as required): 7. Authorisation Name of person who will take this action Date action due to be completed Name & job title of person completing this analysis: Date of completion: Name & job title of person responsible for monitoring and reporting on the implementation of the actions arising from this analysis: Name & job title of authorised person: (If there are doubts about the completeness or sufficiency of this equality analysis, seek advice from the Equality and Human Rights Team or the Legal Services & Reporting Manager in the Clinical Risk & Safety Team) Date of authorisation: Val Gillis HR Advisor Val Gillis HR Advisor Lynn Richardson Director of HR To be confirmed Page 28 of 28