Local Government Pension Scheme (Administration) Regulations (Northern Ireland) 2009

PART 7 POLICY STATEMENTS AND INFORMATION

Exchange of information by authorities

60.—(1) An employing authority which is not the Committee must—

(a) inform the Committee of all decisions made by the employing authority under Part 6 or this Part concerning members; and

(b) give the Committee such other information as it requires for discharging its functions under the Scheme.

(2) If—

(a) the Committee makes any decision under Part 6 or this Part about a person for whom it is not the employing authority; and

(b) information about the decision is required by his employing authority for discharging that employing authority’s Scheme functions,

the Committee must give the employing authority that information.

Pension administration strategy

61.—(1) The Committee may prepare a written statement of its policies in relation to such of the matters mentioned in paragraph (2) as it considers appropriate (“its pension administration strategy”) and, where it does so, paragraphs (3) to (7) apply.

(2) The matters are—

(a) procedures for liaison and communication with employing authorities;

(b) the establishment of levels of performance which the Committee and employing authorities are expected to achieve in carrying out their Scheme functions by—

(i) the setting of performance targets;

(ii) the making of agreements about levels of performance and associated matters; or

(iii) such other means as the Committee considers appropriate;

(c) procedures which aim to secure that the Committee and employing authorities comply with statutory requirements in respect of Scheme functions and with any agreement about levels of performance;

(d) procedures for improving communication between the Committee and employing authorities in respect of information relating to Scheme functions;

(e) the circumstances in which the Committee may consider giving written notice to such an employing authority under regulation 38(2) (additional costs arising from employing authority’s level of performance) on account of that authority’s unsatisfactory performance in carrying out its Scheme functions when measured against levels of performance established under sub-paragraph (b);

(f) the publication by the Committee of annual reports dealing with—

(i) the extent to which the Committee and employing authorities have achieved the levels of performance established under sub-paragraph (b); and

(ii) such other matters arising from the pension administration strategy as it considers appropriate; and

(g) such other matters as appear to the Committee, after consulting the employing authorities and such other persons as it considers appropriate, to be suitable for inclusion in that strategy.

(3) The Committee must—

(a) keep its pension administration strategy under review; and

(b) make such revisions as are appropriate following a material change in its policies in relation to any matters contained in the strategy.

(4) In preparing or reviewing and making revisions to its pension administration strategy the Committee must consult employing authorities and such other persons as it considers appropriate.

(5) The Committee must publish—

(a) its pension administration strategy; and

(b) where revisions are made to it, the strategy as revised.

(6) When the Committee publishes its pension administration strategy, or that strategy as revised, it must send a copy of it to each employing authority and to the Department.

(7) The Committee and employing authorities must have regard to the current version of any pension administration strategy when carrying out their Scheme functions.

(8) In this regulation references to the functions of the Committee include, where applicable, its functions as an employing authority.

Exercise of discretionary functions: policy statements

62.—(1) Each employing authority must prepare a written statement of its policy in relation to the exercise of its functions under regulations 12 (power of employing authority to increase total membership of members), 13 (power of employing authority to award additional pension), 18 (flexible retirement) and 30 (choice of early payment of pension) of the Benefits Regulations.

(2) Before the expiry of the period of 4 months beginning with the commencement date each employing authority shall send a copy of its statement to the Committee and must publish its statement.

(3) An employing authority must—

(a) keep its statement under review; and

(b) make such revisions as are appropriate following a change in its policy.

(4) Where, as a result of a review under paragraph (3), an employing authority determines to amend its policy, it must send a copy of the statement of the amended policy to the Committee before the expiry of a period of one month beginning with the date any such revisions are made and must publish the revised statement.

(5) In preparing or reviewing and making revisions to its policy statement an employing authority must have regard to the extent to which the exercise of any of the functions mentioned in paragraph (1) in accordance with its policy could lead to a serious loss of confidence in the public service.

Communication policy statements

63.—(1) The Committee must prepare, maintain and publish a written statement setting out its policy concerning communications with—

(a) members;

(b) representatives of members;

(c) prospective members; and

(d) employing authorities.

(2) In particular, the statement must set out its policy on—

(a) the provision of information and publicity about the Scheme to members, representatives of members and employing authorities;

(b) the format, frequency and method of distributing such information or publicity; and

(c) the promotion of the Scheme to prospective members and their employing authorities.

(3) The statement published under regulation 108B of the 2002 Regulations(1) must be revised and published by the Committee following such material change in its policy on any of the matters referred to in paragraph (2).

Annual benefit statements

64.—(1) The Committee shall issue an annual benefit statement to each of its active, deferred and pension credit members.

(2) The first such statement must be issued on or before 1 April 2011 and subsequent statements must issue on or before 1st April in each year after that year.

(3) An annual benefit statement shall contain an illustration of the amount of benefit entitlement in respect of rights that may arise under the Scheme, which—

(a) has been accrued by the member at the relevant date; and

(b) in the case of an active member (excluding those who are members by virtue of being variable-time employees), is capable of being accrued by him if he remains in the Scheme until his normal retirement age.

(4) The illustration shall be calculated—

(a) in the case of active members, on the member’s pensionable pay (or, in the case of part-time employees, the whole-time equivalent) for the 12 month period ending with the relevant date;

(b) in the case of deferred members, on the member’s final pay; and

(c) in the case of pension credit members, in accordance with regulation 90 (calculation), but with the substitution in paragraph (1) of that regulation of “the relevant date” for “normal benefit age”.

(5) The relevant date is—

(a) 31st March prior to the date that the statement is issued; or

(b) such later date as the Committee may choose.

Information to be supplied by employees

65.—(1) Before the expiry of the period of 3 months beginning with the date a person becomes a member, the employing authority must ask him in writing for the documents specified in paragraph (2).

(2) Those documents are—

(a) a statement in writing listing all the person’s previous periods of employment; and

(b) copies of all notifications previously given to him under these Regulations or the former Regulations.

(3) The employing authority must also ask for those documents before the expiry of the period of 3 months beginning with the occurrence of any change as respects his employment which is material for the Scheme.

(4) A request under paragraph (1) or (3) must include a conspicuous statement that it is important that the member gives full and accurate information, especially for ascertaining his rights under the Scheme.

(5) The employing authority need not request any documents if satisfied that it or the Committee (if different) already has all material information.

(1)

S.R. 2002 No. 352; regulation 108B was inserted by S.R. 2007 No. 152.