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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.

  • Whether, how much, and in what circumstances to contribute to a shared cost APC scheme (Regulations 18(2)(e) and 18(4)(d), Local Government Pension Scheme Regulations (NI) 2014 (SRNI 2014 No. 188))
  • Whether to consent to flexible retirement for an employee aged 55 or over who reduces hours or grade (Regulation 31(6), Local Government Pension Scheme Regulations (NI) 2014 (SRNI 2014 No. 188) and Regulation 10(2), Local Government Pension Scheme (Amendment and Transitional Provisions) Regulations (NI) 2014 (SRNI 2014 No. 189))
  • Whether to waive, in whole or in part, actuarial reductions on benefits paid on flexible retirement (Regulation 31(8), Local Government Pension Scheme Regulations (NI) 2014 (SRNI 2014 No. 188) and Paragraph 2(1A) of Schedule 3 to the Local Government Pension Scheme (Amendment and Transitional Provisions) Regulations 2014 (SRNI 2014 No.189))*
  • Whether to waive, in whole or in part, actuarial reduction on benefits which a member voluntarily draws before normal pension age (Regulation 31(8), Local Government Pension Scheme Regulations (NI) 2014 (SRNI 2014 No. 188))
  • Whether to “switch on” the 85 Year Rule for a member voluntarily drawing benefits at or after age 55 and before age 60 (Schedule 3, Paragraph 1(3), Local Government Pension Scheme (Amendment and Transitional Provisions) Regulations (NI) 2014 (SRNI 2014 No. 189))*
  • Whether to waive, on compassionate grounds, the actuarial reduction applied to benefits (pre-1 April 2015/pre-1 April 2016/pre-1 April 2020 according to “Group” member status) where the employer has “switched-on” the 85 Year Rule for a member voluntarily drawing benefits at or after age 55 and before age 60 (Schedule 3, Paragraph 2(1), Local Government Pension Scheme (Amendment and Transitional Provisions) Regulations (NI) 2014 (SRNI 2014 No. 189))*
  • Whether to grant additional pension to an active member or within 6 months of ceasing to be an active member by reason of redundancy or business efficiency (by up to £8,131 p.a. (2023/24 figure)) (Regulation 32, Local Government Pension Scheme Regulations (NI) 2014 (SRNI 2014 No. 188))
  • Regulation 11(3), Determining contribution rates for employees
  • Regulation 18(16), Time limit for elections to cover lost pension due to a permitted absence
  • Regulation 19(1), Shared cost AVC
  • Regulation 23(5)Assumed Pensionable Pay, and determination of whether a lump sum that was received by the member was a regular lump sum
  • Regulation 23(5A) and (5B), whether to substitute a revised pensionable pay in calculating APP
  • Regulation 24(7), Aggregating benefits from concurrent employments
  • Regulation 24(8), Aggregating benefits in the context of deferred members
  • Regulations 16 and 18, Abatement of annual compensatory added years pension
  • Regulation 20(4), Survivor compensatory added years apportionment
  • Regulation 20(5), Annual compensation suspension rules
  • Regulation 20(9), Annual compensation suspension rules (reinstatement)
  • Regulation 30(5), whether to waive on compassionate grounds any actuarial reduction when a member aged 55 or over voluntarily takes deferred benefits before normal retirement age.
  • Regulation 33(5), whether to waive on compassionate grounds any actuarial reduction when a member aged 55 or over voluntarily takes deferred benefits before normal retirement age.
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