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LGPS pre 2014
Hopefully someone will know a definitive answer to this question before my wife contacts her LGPS administrator and looks foolish.
She is looking to retire in the next school year and has just received her annual statement from peninsula pensions. She joined the scheme in 2003 and has continuous membership. Her Final salary pensionable pay (base salary) looks correct for this period (FTE as she works 30 hours p/w) however it does not include the TLR payment which she receives which in itself has pension deducted
The question is should it ?
Many thanks all
Comments
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Apologies having reread her statement pre 1st April 2008 it refers to final salary pensionable pat however between 2008 and 2014 it refers to final pensionable pay hope this clarifies
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Speaking generally: the CARE scheme (2014+) widened the definition of pensionable pay by including non-contractual overtime. So it is perfectly possible to be paying pension contributions on a payment, be earning CARE pension from it, but the payment not be included in the final pensionable pay figure used to determine the value of the final salary component of the pension (i.e 1997/2008 scheme benefits).
That said, what is a 'TLR' payment? (I assume your wife can't be a teacher, otherwise why is she not in the TPS.) It would need to fit the following to count as part of final pay:
You may note there is an element of implied employer discretion (what exactly is a 'pensionable emolument'? What the employer says is so, though they will need to be consistent).
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TLR (Teaching and Learning Responsibility) payments are usually paid to teachers. They can be awarded to support staff, but may be called something else. Is your wife a teaching assistant?
TLRs are pensionable, but it depends on the exact terms of her contract if the TLR counts towards her pre 2014 rules pensionable pay or just her CARE pay. This is something that only her HR may be answer.
2008 is simply when the scheme accrual rate changed from 1/80th with an automatic lump sum of 3 X pension to the largely equivalent 1/60th with no automatic lump sum.
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Thanks silvertabby yes she is a teaching assistant and the educational visits coordinator which is why the TLR has been awarded It’s good to know the terms of any pre 2014 pension are the same in terms of final salary pensionable pay.
In your view should that information have been part of the TLR contract she signed in 2012 if not does she have an argument that it should have been specific in the terms of being included in final salary pensionable pay. Unfortunately local HR are useless so would probably need to go back to the trust who her school were not part of when the contact was signed.
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Difficult one, I'm afraid. As your wife isn't a teacher, then her TLR may be called something else, and so it really depends on the wording of her contract.
It isn't something that her LGPS administrators have the power to 'adjust'. When your wife's HR/payroll supply the LGPS with pay figures for pension calculations, it's payroll who say "this is the figure for pre 2014 final salary purposes, and this is the figure for CARE". The LGPS would only query these if they clearly look wrong, ie if they are much more or less than previous year-end figures.
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Thanks it does say TLR 2.a on the contract we will tackle it with the Trust when she goes back in September, nothing ventured nothing gained and it would make a significant difference to her pension. Appreciate your knowledge and help all the best.
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