LGPS & DB Pension Annual Allowance Queries

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  • Fubbly
    Fubbly Posts: 25 Forumite
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    AlanP wrote: »
    We will need to get an answer from the administrators by the sounds of it, and will do at some stage. This will probably be after she is in the new role when actual circumstances are clear.

    It will come down to the interpretation of "continuous employment" by the sounds of it.

    Fubbly - I think you would get the "3 in 13" option as you are definitely in "continuous employment" as it is with same LA.

    Thanks AlanP, hope it works out for your OH one way or the other.
    Silvertabby wrote: »
    All I'm saying is that the LGPS I worked for wouldn't give OP's wife the benefit of the best 3 year average over the last 13 years under these circumstances - just the best of the last 3 single years.

    Silvertabby, just to be clear, would your Scheme have ruled this out only because she had transferred to a new authority or was the fact that she had voluntarily downgraded sufficient in itself? Thanks
  • hyubh
    hyubh Posts: 3,531 Forumite
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    Fubbly wrote: »
    I've also taken a lower paid job voluntarily, though in my case with the same Local Authority.

    Was there a gap in being employed by the same LA however...?
    Does the individual scheme have the discretion to deny me this?

    There is no formal discretion here (in the context of formal discretions being a thing in the LGPS).
  • Fubbly
    Fubbly Posts: 25 Forumite
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    edited 7 December 2017 at 11:48PM
    hyubh wrote: »
    Was there a gap in being employed by the same LA however...?

    I had no gap in employment
    There is no formal discretion here (in the context of formal discretions being a thing in the LGPS).
    Thanks, that's reassuring. Given the minimal "cost of living" pay rises in recent years that could benefit me greatly
  • hyubh
    hyubh Posts: 3,531 Forumite
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    Fubbly wrote: »
    I had no gap in employment

    In which case, you have 'continuous employment' for employment law purposes. This may not correspond to what payroll has told pensions however - have you had to explicit elect to combine ('aggregate') memberships, or were you never considered 'deferred' by the pension fund in the first place...?
  • Fubbly
    Fubbly Posts: 25 Forumite
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    I've not been asked to combine so I assume I wasn't considered deferred
  • Silvertabby
    Silvertabby Posts: 9,014 Forumite
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    Silvertabby, just to be clear, would your Scheme have ruled this out only because she had transferred to a new authority or was the fact that she had voluntarily downgraded sufficient in itself? Thanks Posted by Fubbly

    It would be down to the fact that she had chosen to take a lower paid role, rather than just being transferred to another employer.

    If she had transferred to another Local Authority - ie, transferred her benefits from one LGPS to another, then there would be no protections at all.
  • Fubbly
    Fubbly Posts: 25 Forumite
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    Silvertabby wrote: »
    It would be down to the fact that she had chosen to take a lower paid role, rather than just being transferred to another employer.

    If she had transferred to another Local Authority - ie, transferred her benefits from one LGPS to another, then there would be no protections at all.

    Thanks, so in a situation like mine (voluntary change to a lower paid role with continuous emplyment at the same Authority) your employer wouldn't have allowed "3 from 13" option? That does seem to be at odds with the regulations that hyubh linked to.
  • Silvertabby
    Silvertabby Posts: 9,014 Forumite
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    Thanks, so in a situation like mine (voluntary change to a lower paid role with continuous emplyment at the same Authority) your employer wouldn't have allowed "3 from 13" option? That does seem to be at odds with the regulations that hyubh linked to. Posted by Fubbly

    Yes - but hyubh like rules to be rules, whereas some of the LGPS rules are open to interpretation. The LGPS I worked for was certainly less generous, shall we say, than some other LGPSs. It's worth asking yours what they would do in your situation.
  • Fubbly
    Fubbly Posts: 25 Forumite
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    Thanks again, I shall speak to my service, I'm not planning to retire for a while and, like the OP's OH, this would be plan B - still hope to gain promotion from my new role so that my final pay is determined that way.
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