LGPS Regulation 10

jamjar92

A ex retired colleague has suggested I might be legible for regulation 10 when I ask for my retirement figures in about 12 months time.

A bit of background, about 5 years ago the department was restructured where some people ended up with lower salaries, my basic stayed the same. However standby was cut by £50 per week, and has remained at this level ever since, where previously it increased inline with the pay award.

I do pay pension contribution's on standby earned.

Reading Regulation 10 - lgpsregs.org/timelineregs/Amended/SI/20093150.htm

"(d) because of a change in the member’s contract of employment resulting in the cessation or restriction of, or reduction in,
payments or benefits specified in the member’s contract of employment as being pensionable emoluments; or"

I believe "standby" meets the criteria, can anybody confirm or deny? I believe I have to request my figures are evaluated using regulation 10, what does this mean? 

Just trying to understand the process as information on this seems to be scarce or not clear, so when I ask HR I have an understanding of what I am requesting and to check the figures.

Thanks in advance

hyubh

jamjar92 said:

A ex retired colleague has suggested I might be legible for regulation 10 when I ask for my retirement figures in about 12 months time.

A bit of background, about 5 years ago the department was restructured where some people ended up with lower salaries, my basic stayed the same. However standby was cut by £50 per week, and has remained at this level ever since, where previously it increased inline with the pay award.

I do pay pension contribution's on standby earned.

Reading Regulation 10 - lgpsregs.org/timelineregs/Amended/SI/20093150.htm

"(d) because of a change in the member’s contract of employment resulting in the cessation or restriction of, or reduction in,
payments or benefits specified in the member’s contract of employment as being pensionable emoluments; or"

I believe "standby" meets the criteria, can anybody confirm or deny? I believe I have to request my figures are evaluated using regulation 10, what does this mean? 

Just trying to understand the process as information on this seems to be scarce or not clear, so when I ask HR I have an understanding of what I am requesting and to check the figures.

Thanks in advance

Because you haven't explicitly said, I have to ask:

1. Do you have final salary membership? So joined before April 2014 if in England or Wales (April 2015 Scotland or NI). The 'regulation 10' you refer to is in respect of final pensionable pay in the final salary scheme.
2. Was/is the standby allowance pensionable under the final salary scheme? This is a different question to whether you have pension contributions deduced from it currently, since it will be pensionable under the CARE scheme. Put another way: assuming you did indeed join under the final salary scheme, did you have pension contributions deducted from the standby payments back then...?

jamjar92

I been in the scheme since the late 80's, and yes when I started doing standby early 2000's I noticed my pension contribution's had increased, when I queried it I was told, "the standby was pensionable because I would get a bigger pension when I retire". This was before CARE existed, so yes it was pensionable under the final salary scheme.

Silvertabby

It does look like you MAY qualify, but it really depends on your contract and the reason for your drop in pay.  I would suggest that you ask your HR and LGPS administrators for a definite answer.

Note:  if yes, then your pre 2014 best pay figure won't be one specific year - it will be the best average from 3 consecutive years.  

jamjar92

@Silvertabby thanks, when I apply for my figures I will ask them to take into account regulation 10, they can only say no I do not meet the criteria.