FORCE PROCEDURES Augmentation Local Government Pension Scheme Procedure Reference Number: 2009.43 Procedure Author: Joanne Jones, HR Manager Procedure Review Date: August 2012 At the time of ratifying this procedure, the author is satisfied that this document complied with relevant legislation and Force requirements. Sign and date Joanne Jones (Aug 09) (Author(s)) Version 1
Procedure Index ELECTRONIC NAVIGATION: - move the cursor over the page number in the index or blue underlined text until a hand appears. Click the left mouse button once and it will jump to the specified part of the document. 1. Responsibilities... 3 2. Guidance... 3 3. Procedure Aim... 5 4. Appeals... 5 5. Review... 5 Version 2
1. Responsibilities Payroll provider Responsibility for processing the payroll documentation relating to the member of staff and liaise with Cheshire West and Chester Borough Council to ensure payment is made in a timely manner. Cheshire Pension Fund To act as pension scheme administrators, gate keepers for the pension fund and to notify the authority of any legislation changes. HR Department Responsibility for notifying pension administrators of staff who have been granted augmentation. Provide Staff Committee with details of any business cases agreed for augmentation, including numbers, costs and savings of early termination. Director of HR - In conjunction with Director of Finance will consider cases put forward for augmentation. HQ Finance In conjunction with the Director of Human Resources the Director of Finance, will determine whether a business case put forward for augmentation will be granted. 2. Guidance Click Here to Return to Index 2.1. This procedure should be read in conjunction with Redeployment and Redundancy Procedure (still under review). 2.2. Regulation 12 of the Local Government Pension Scheme (Benefits, Membership & Contributions) Regulations 2007, introduced from 1 April 2008, empowers an employing authority to increase a member s period of membership under the Local Government Pension Scheme. 2.3. Regulation 66 of the Administration Regulations requires employers to produce and publish written policy statements on certain discretionary powers. In this case, the power of an employing authority to increase total membership of active members. Regulation 40 of the (Administration) Regulations 2008 requires employers to pay the pension fund the cost of that award. 2.4. The decision to award augmented membership can be made: Only in respect of an employee who is an active member (i.e. a current contributor) of the Local Government Pension Scheme, or Within 6 months of leaving employment if the reason for leaving was redundancy (including efficiency or cessation of a joint appointment), and Version 3
Regardless of the minimum length of an employee s membership i.e. the member does not need 3 months membership of the Local Government Pension Scheme. 2.5. Augmentation can be awarded whilst the member is in active employment and the employer must fund any award made by making an appropriate lump sum payment (calculated by the Government Actuary) to the Fund or by annual instalments agreed between the Authority and the pension fund. The Authority will determine the most appropriate option dependent upon the costs. 2.6. Augmentation can not be awarded on leaving if the member is paid a compensatory payment under The Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2006 (the compensatory payment above statutory redundancy if awarded). 2.7. Where augmentation of service has been applied, this will be restricted to ensure the member does not have more pensionable service than if he/she continued in pension scheme membership until age 65. The Authority will inform the pension fund if this restriction applies. 2.8. The Authority has determined they may augment up to a maximum of 3 additional years. The awarding of additional years will be pro-rated for part time employees. However, as augmentation is expensive the authority reserves the right to review the policy at any time in accordance with Regulation 66. 2.9. The Authority is likely to consider increasing total membership Augmentation under regulation 12 either : As part of an exercise involving the potential redundancy of scheme members and / or On efficiency grounds and / or For active members of the scheme on an individual basis where there is a business need to retain organisational knowledge and skills for a period of time. The Authority has agreed to adopt this provision power to increase total membership of active members i.e. augmentation of service to enable redundant employees to purchase additional service with any additional redundancy payment over and above the payment made under the statutory redundancy scheme. The Authority has the right to review this provision at any time. Under this provision the Cheshire Pension Fund will determine what the enhanced redundancy payment will purchase. There is no cost to the employer for this provision. 2.10. The Authority may take into consideration the following when reviewing a case: The reason for the request. The member s personal circumstances. Any potential benefits or savings to the Authority arising from the exercise of discretion. The cost to the Authority of granting an award. The ability of the Authority to meet the cost of granting the award. The impact of any increases to subsequent employers contributions. Whether the request is as a result of organisational change Version 4
Whether any other alternative avenues have been explored. What the implications are for rejecting the augmentation request Any other relevant information. 2.11. The Authority does not consider the use of this discretion in relation to recruitment. The discretion may only be considered for recruitment purposes in exceptional circumstances having regard to all the facts in each case though particularly where other elements within the employers benefit package have not proved successful. 2.12. Cheshire Police Authority has resolved not to adopt the discretion covered by Regulation 13, at this time. 2.13. A business case must be submitted to the Director of Human Resources and Director of Finance in order that consideration can be given. Each case will be considered on a case by case basis. When considering each case areas given as example in 2.10. are likely to be considered. 2.14. The outcome of the decision will be relayed to the member of staff within 21 days of the request. 3. Procedure Aim Click Here to Return to Index 3.1. The procedure provides guidance for members of the Local Government Pension Scheme on the authority s position regarding Augmentation. 3.2 The procedure primarily deals with augmentation of Local Government Pension Scheme service on termination of employment. 4. Appeals Click Here to Return to Index 4.1 A member of staff who has not been granted augmentation should forward a letter of appeal within 14 days from the date of notification to the Director of Human Resources. The appeal will then be forwarded to the nominated person as per the Local Government Pension Scheme (LGPS) requirements. 5. Review 5.1. The procedure will be reviewed in light of any pension legislation. 5.2. The procedure will be reviewed every 2 years from implementation. Click Here to Return to Index Click Here to Return to Index Version 5
Procedure Review Form Title: Augmentation Procedure Author: Joanne Jones Tel. Ext.: 4023 Procedure approved by: Staff & Leadership Board Linked to Policy: HR Management Date Approved: 20th August 2009 last approved 2011 Procedure Review When was the procedure last reviewed? May 2011 Is this procedure still required? Yes If No, contact the Force Information Centre to Could this procedure be No consolidated with another? Does this procedure involve significant change to working practices that will have a resultant impact on service delivery, budget or operational risk? What forms are linked to this procedure? archive the document If Yes, contact the Business Intelligence Unit to arrange a joint review No If Yes, inform the Business Intelligence Unit Ensure all forms included in the procedure are reviewed. If amendments are required to any forms contact the Force Forms Administrator within Design and Print. Has the procedure considered the following? What evidence is in the procedure to support this? Resource implications Yes Can be accommodated within current resources Finance implications Yes Financial consideration must be given at the business case stage. IT Service implications Introduction of the new procedure can be accommodated within the current NSPIS system Policy Owner Sign Off I authorise this procedure for publication / I have forwarded the procedure to an ACPO member for consideration * Delete as appropriate Policy Owner: Agreed after Staff and Leadership Board previously signed off Has been reviewed again to include additional provision. Signed Date: 20 th August 2009 ACPO Member Sign Off I authorise this procedure for publication / I do not authorise this procedure for publication * Delete as appropriate ACPO Member: Signed Date: Version 6
List legislation relevant to the procedure: Procedure Human Rights Review Human Rights Compliance Assessment Has any of the legislation / case law changed since the last review? Has procedure changed since last review? RIPA / PACE / CPIA Other: Age legislation and amendments to the Local Government Pension Scheme If No to both questions then previous compliance test stands As a result of the application of the procedure, which Articles are likely to be infringed? 8 Respect for private and family life No 9 Freedom of thought, conscience and religion No 10 Freedom of expression No 11 Freedom of assembly and association No For each Article infringed, identify the legitimate aim(s) that justify the infringement: Legitimate Aim Article 8 Article 9 Article 10 Article 11 National Security Public safety Economic wellbeing of country Prevention of crime and disorder Protection of public order Territorial integrity Protection of reputation and rights of others Preventing disclosure of information received in confidence Maintaining authority and impartiality of judiciary Protection of health or morals Protection of rights and freedoms of others Is the interference the least intrusive option to achieve the identified legitimate aim? Is the interference justified and proportionate with regard to the identified legitimate aim? Is the interference identified applied in a non-discriminatory manner? Are decision making processes and outcomes of actions documented? Yes Article 8 Right to Respect for Private and Family Life Everyone has the right to respect for his private and family life, his home and his correspondence. Article 9 Freedom of Thought, Conscience and Religion Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance. Article 10 Freedom of Expression Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. Article 11 Freedom of Assembly Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests. Version 7
Procedure Race and Diversity Impact Assessment Section A Has a Diversity Impact Assessment been previously completed? No new procedure If Yes, when and was it H/M/L? If No, go to Section B Has the procedure changed sufficiently to require a further Not Applicable impact assessment? If Yes, go to Section B. If No, go to Section C If no impact assessment has been completed or a further assessment is required, complete the following flowchart to identify whether the procedure has a potentially Low / Medium / High impact and bear in mind the recognised 6 strands of diversity: Minority Ethnic communities including asylum seekers and gypsies Gay, Lesbian, Bisexual and Transgendered members of the community Age Religion Gender Disability Section B Please complete the following flowchart and put an X in the box next to the score you have assigned the procedure: Does the procedure relate to an internal process? Does the procedure affect staff employment / development? LOW Could the procedure be applied with discretion that might discriminate against a minority group? Is data with minority indicators collected? Ensure monitoring procedures are in place and then re-answer the question Is data with minority indicators collected? Does the procedure show the potential for discrimination? Does the procedure show the potential for discrimination? Could application of the procedure affect community relations? MEDIUM X HIGH If on completion of the flowchart you consider that the initial impact assessment should be raised then please re-grade the impact as High or Medium. Initial Impact Assessment raised? MEDIUM LOW If Yes then, was it raised to Medium / High Version 8
Section C - Race and Diversity Impact Assessment Does this activity present an opportunity No Internal procedure for improving race/community relations? If so, how? Is there public/political concern in relation No to race/disability/community issues attached to this activity? If so, what are those concerns? What other sources of information have Local Government Pension Scheme been used in the assessment i.e. HMIC Inspection Reports, Home Office Circulars? Does the procedure relate to the use of a No statutory power? If so, under what circumstance could discrimination be acceptable? What data collection process exists for this procedure? How is the data monitored to ensure that the impact is not discriminatory or disproportionate? If reviewing the procedure what are the results of the monitoring? When the Race and Diversity impact Procedure consulted on internally including assessment has included consultation, Unison. who was consulted? (Include a summary of the key points) Has the procedure been altered following the consultation? (Include a summary of the key changes) Has feedback been given to the groups involved in the consultation? I confirm that this procedure is compliant with the Constabulary s commitment to Equality and Diversity. Approved by Diversity Advisory Unit Name: Through Staff & Leadership Board Date: Version 9
Procedure Health and Safety Health and Safety Assessment If required, guidance for this section should be sought from the Force Health and Safety Advisor. Who will be affected by this Procedure? Police Employees Are any of the existing generic risk No Details if Yes assessments affected by this Procedure? Is a new risk assessment required by this No Details if Yes procedure? Does this procedure require revised No Details if Yes Health and Safety training for Staff? Does this procedure require revised equipment for Staff? No Details if Yes I confirm that this procedure is compliant with Health and Safety legislation and regulations. Approved by the Force Health and Safety Department Name: Through Staff & Leadership Board Date: Procedure Quality of Service Commitment Quality of Service Commitment The National Quality of Service Commitment sets out the standards and services the public can expect when they make contact with the police. Further information is available on Looking Glass by clicking here Is it possible that this procedure may impinge upon quality of service and specifically a National Quality of Service Commitment? No If answer the following questions, for each commitment affected state whether it is in a positive or negative way and give details Making it easy to contact us Providing a professional and high quality service Dealing with your initial contact Keeping you informed Ensuring your voice counts Victims of Crime Other service commitments Complaints What changes, if any, have been made to the procedure to reduce an adverse impact on quality of service? If the procedure adversely affects quality of service, can it be justified because of the overall objectives? If Yes, give details Version 10
Procedure Victims Code of Practice Victims Code of Practice The Code of Practice for Victims is a statutory requirement and establishes the minimum service levels to be given to any person who has made an allegation to be the victim of a crime to the police or has had such an allegation made on their behalf. Further information is available on Looking Glass by clicking here Is it possible that this procedure may impinge upon the service provided to No victims of crime and, specifically, compliance with the Victims Code? If answer the following questions, for each commitment affected state whether it is in a positive or negative way and give details Persons entitled to receive services under the Code Vulnerable or Intimidated victims Crime Reporting, Assessment and Victim Support Investigation Family Liaison Officers Arrest and Bail Decisions to bring Criminal proceedings Bailing of Persons to Court Other disposal methods Youth Offending Teams Requests from the Criminal Injuries Compensation Authority and/or the Criminal Injuries Compensation Appeals Panel Information about the Criminal Cases Review Commission What changes, if any, have been made to the procedure to reduce an adverse impact on the service given to victims of crime and to maintain compliance with the Code? If the procedure adversely affects the service given to victims of crime and compliance with the Code, If Yes, give details can it be justified because of the overall objectives? Procedure Data Protection Data Protection The Data Protection Act applies to personal data. This is defined as information relating to a living individual, who can be identified either from the information itself or indirectly by combining the information with other data available. All personal data must be dealt with in accordance with eight Data Protection Principles. I confirm that this procedure is compliant with the Data Protection Act 1998. Approved by Data Protection Officer Name: Date: Procedure Freedom of Information Version 11
Freedom of Information The Freedom of Information Act 2000 requires that all public authorities develop and maintain a publication scheme. Cheshire has adopted the ACPO publication scheme model. This requires that force policies and procedures are routinely made available to the public on the force website. Approved by Procedure Author (please complete one of the following statements) This document is considered by the Author to be suitable for publication Name: N Bailey and L Woodman Date: This document is considered by the author not to be suitable for publication and is exempt in accordance with section(s)... of the Freedom of Information Act 2000 Name: Date: Approved by Freedom of Information Officer I confirm that this procedure is compliant with the Freedom of Information Act 2000. Name: Date: Procedure Management of Police Information Management of Police Information (MoPI) The "Management of Police Information" (MoPI) Guidance follows the publication in July 2005 of a Code of Practice on the management of police information developed by the Home Secretary under the Police Act 1996. This Statutory Code was part of the government's response to the recommendations of the Bichard Inquiry into the circumstances surrounding the tragic murders in Soham and was designed to provide a common national framework for the management of police information, highlighting the importance of common standards in high risk areas of activity. The Force has a duty to be MoPI compliant in all business areas by 2010 and will be subject to HMIC inspection thereafter. To support this, the procedure has been developed in accordance with the Force Information Management Strategy, MOPI Guidance and Codes of Practice. Further information is available on the Force Information Centre by clicking the above links. Does the procedure deal with the collecting, recording, evaluating, sharing, retaining or disposal of police information? If so, does it contain documented guidance covering roles and responsibilities? This procedure doesn t cover police information but will relate to personal information which is covered by Data Protection through NSPIS. I confirm that this procedure is compliant with the Management of Police Information Guidance 2006 Approved by MoPI Officer Name: Date: Version 12
Procedure Force Solicitor s Office Vetting Force Solicitor s Office Procedure Vetting I am also satisfied that this procedure does not disadvantage the Force or place it in a position of legal vulnerability. I have reviewed this procedure and can confirm that in my opinion all engagement of articles from Human Rights Act are lawful, proportionate and necessary. Approved by the Force Solicitor s Office Name: Through Staff & Leadership Board Date: Procedure - Risk Management Risk Management Does the procedure have any impact on organisational risk? Organisational risk includes anything that has the potential to impact upon the Constabulary s assets, earnings, reputation, performance or personnel. An example of this could be where the Constabulary decides not to adopt national guidance in the application of its procedure. Implementation of this procedure reduces the chances of operational risk by ensuring that staff are allowed to continue working and take advantage of opportunities to reduce hours or job scales Procedure Promotion and Distribution Promotion and Distribution How will staff be made aware of the procedure? Through a weekly orders entry and publication on the force information centre. Version 13