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Employer discretions

Employers are required by the Scheme rules to formulate, publish and keep under review a written policy statement in relation to their discretions.

Employers are required by legislation to formulate, publish, and review a written policy statement in relation to the majority of the discretions under both the LGPS (NI) Scheme and the Compensation Regulations. Where a written policy is required by legislation in relation to a discretion, it is marked as “Mandatory” below.

The LGPS (NI) regulations require employers to send a copy of their statement to NILGOSC within four months of joining the Scheme or within one month of making any revisions. An employer is required to have regard to the extent to which the exercise of any of the discretions could lead to a serious loss of confidence in the public service.

The Compensation Regulations also require that policy is formulated, published, and reviewed and as well as having regard to the extent to which the exercise of any of the discretions could lead to a serious loss of confidence in the public service, they must also be satisfied that the policy is workable, affordable, and reasonable having regard to the foreseeable costs.

Sections below marked “*” relate to discretions around the application of the 85 Year Rule. Attention should be paid to the sections of the Employer Guidance document relating to same.

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