Members’ Benefits Resignation & dismissal: 3.contents Members’ Benefits Section 3 benefits\3.m Resignation and dismissal (1) Issue 5: April 2006 Resignation & dismissal: 3.contents 3.1 Members’ Benefits Resignation and opting out Preserved awards Qualifying for a preserved award 3.2 Making the award Calculating and authorising the award Amount of the award Commuting the retirement lump sum Refunds of family benefit contributions Recovery of debts Allocation Prison Officers (uniform accrual) Annex A 3.3 Notes on calculating awards Early payment of a preserved award Circumstances in which a preserved award may be paid before the pension age Actuarially reduced retirement Early payment on ill health grounds: eligibility Early payment on ill health grounds: award paid Early payment on ill health grounds: action by departments Early payment on compelling personal grounds: eligibility Early payment on compelling personal grounds: award paid Early payment on compelling personal grounds: action by departments Annex A Annex B 3.4 Application for early payment on grounds of ill health Factors Dismissal Grounds for dismissal Benefits Forfeiture of benefits Dismissal on inefficiency grounds Annex A 3.5 Forfeiture of PCSPS, CSCS and CSAVC Scheme benefits Reserved rights: staff in approved employment on 31 May 1972 Approved employment Former civil servant joins the PCSPS Former civil servant does not join the PCSPS Early payment of a Civil Service award 3.6 Gratuities (Residual benefits under former arrangements) Gratuities benefits\3.m (2) Issue 5: April 2006 Members’ Benefits Resignation & dismissal: 3.1 3.1 Resignation and opting out Preserved awards 3.1.1 A PCSPS award is made when a member: • leaves the PCSPS before the pension age by: - resigning from the Civil Service; or - opting out of the PCSPS; and • 3.1.2 3.1.3 meets the qualifying conditions for an award (see below). The award consists of: • an annual pension; and • a lump sum payment. The award calculation is set out in 3.2. The award is preserved in the PCSPS until the former member reaches the pension age. 3.1.4 NOTE: Members may be eligible for a transfer value instead of a preserved award. Those who take a transfer value are not entitled to a preserved award. Members who are not eligible for a preserved award may be eligible for a transfer value. Employing departments have discretion to offer enhanced preserved benefits (or enhanced transfer terms) in certain circumstances. 3.1.5 benefits\3.1 (1) Issue 5: April 2006 Resignation & dismissal: 3.1 Members’ Benefits Information Reference Pensions Manual Further information Information on transfers and the conditions under which they are paid. Transfers from the PCSPS Added years granted on resignation (enhanced early leaver benefits). Service & Pay: 4.3 Refunds of family benefits contributions. Family Benefits: section 5 Qualifying for a preserved award Members must meet the conditions in table 1 to qualify for a preserved award. 3.1.6 NOTE: Members who left the PCSPS before 6 April 1988 were required to meet the qualifications in table 2. Table 1: Qualifying for a preserved award Qualifying service Award 2 or more years. A woman who is resigning in the tax year in which she reaches age 60 (regardless of the length of her qualifying service). Preserved pension and lump sum. A member who had rights under a personal pension scheme in respect of which a transfer value was paid into the PCSPS (regardless of the length of the member’s qualifying service). If a member has a previous preserved award then any further period of service will qualify regardless of length. Less than 2 years. No preserved award (NOTE A). (other than a woman who is resigning in the tax year in which she reaches age 60; or a member with a previous preserved award). NOTE A: A refund of family benefits contributions is made when the member leaving the PCSPS and is not taking a transfer value. benefits\3.1 (2) Issue 5: April 2006 Members’ Benefits Resignation & dismissal: 3.1 Table 2: Qualifying: member left the PCSPS before 6 April 1988 Qualifying service Award 5 or more years. A woman who resigned on or after 6 April 1978 in the tax year in which she reached age 60 (regardless of the length of her qualifying service). Preserved pension and lump sum. At least 2, but less than 5 years A short service payment of (other than a woman who resigned on or after 6 April 1978 in the tax year in which she reached age 60). 3/80 x pensionable earnings x reckonable service. (NOTE A) Less than 2 years No preserved award. (other than a woman who resigned on or after 6 April 1978 in the tax year in which she reached age 60). (NOTE A) NOTE A: A refund of family benefits contributions was made when the member was unmarried on leaving the PCSPS and did not take a transfer value. benefits\3.1 (3) Issue 5: April 2006 Members’ Benefits Resignation & dismissal: 3.2 3.2 Making the award Calculating and authorising the award An award is calculated and authorised by the awarding authority when a member who qualifies for a preserved award leaves the PCSPS. 3.2.1 NOTE: Qualifying for a preserved award, and action by employing departments, are set out in 3.1. A preserved award is calculated in the same way as an award made when a member retires on age grounds. Only the payable date is different. 3.2.2 NOTE: This includes fixed term appointments (other than designated appointments). The award is made as soon as possible after the last day of service and must be made within 2 months of receiving notification of the last day of service (unless a member asks for a transfer value estimate beforehand). 3.2.3 The award The award is calculated as set out in table 1. An example is given in 2.2 (example 1). 3.2.4 The pension paid by the PCSPS must not be less than the member’s Guaranteed Minimum Pension (1.2). 3.2.5 NOTE: Before commencing payment, the Paying Authority: - benefits\3.2 checks that the PCSPS meets this minimum level of payment; and tops up the PCSPS pension to the level of the GMP when the PCSPS pension is lower. (1) Issue 5: April 2006 Resignation & dismissal: 3.2 Members’ Benefits Table 1: Benefits payable to members who resign after 6 April 1988 Qualifying service 2 or more years. (NOTE A) Benefit Pension: 1/80 of pensionable earnings x length of reckonable service. Lump sum: 3/80 of pensionable earnings x length of reckonable service. Both the pension and the lump sum (plus any accrued pensions increase) are payable at the pension age. (NOTE B) NOTE A: Also women with less than 2 years’ service who resign in the tax year in which they reach age 60. NOTE B: The application of pensions increase is set out in section 6. The lump sum is reduced if there are outstanding family benefits contributions when the member leaves the PCSPS. 3.2.6 3.2.7 Members with service before 1 April 1980 have their pensions reduced in respect of NI modification and Accrued Graduated Abatement. Details are set out in section 7. 3.2.8 Advice on calculating an award is given in Annex A. NOTE: This covers: - pensionable earnings and reckonable service; additions to actual reckonable service; re-employment; moving to a lower substantive grade; designated appointments; non-standard pay terms. Employing departments may, in certain circumstances, offer a member an enhanced award on resignation from the Civil Service before the pension age. 3.2.9 Information Reference Pensions Manual Further information benefits\3.2 Enhanced award: added years granted on resignation. Service & Pay: 4.3 Family benefit contributions. Settling the contribution account on leaving the PCSPS. Family Benefits: section 4 (2) Issue 5: April 2006 Members’ Benefits 3.2.19 3.2.20 Resignation & dismissal: 3.2 The PCSPS provides for the immediate payment of the award: • on actuarially reduced retirement; • for ill health reasons; or • on compelling personal grounds. Details are given in 3.4. Members who leave the PCSPS before the pension age with an entitlement to a preserved award are advised on leaving to claim the award from the Paying Authority at the payable date. 3.2.21 Information Reference Further information Pensions Manual Abatement of pension. Service & Pay: section 9 Arrangements for refunding family benefits contributions. Family Benefits: section 5 Commuting the retirement lump sum Former members claiming their preserved benefits at the pension age are provided by the Paying Authority with a note explaining commutation, the actuarial factors and a form to use if they want to make an option (2.5). 3.2.10 On receipt of an option to commute, the Paying Authority passes details to the awarding authority who calculates and authorises the revised benefits for payment by the Paying Authority as a corrected award. 3.2.11 Refunds of family benefit contributions The awarding authority also pays refunds of contributions in respect of service before 6 April 1978 (men), 6 April 1988 (women) to members who are neither married nor in a civil partnership. The refund must be made within a month of the date the member receives full refund information. 3.2.12 NOTE: The awarding authority must also pay refunds of contributions to members who are neither married nor in a civil partnership, who are not entitled to preserved benefits (unless the member indicates a wish to transfer pension rights). benefits\3.2 (3) Issue 5: April 2006 Resignation & dismissal: 3.2 Members’ Benefits Information Further information Reference Pensions Manual Refunds of contributions to members who are neither married nor in a civil partnership. Family Benefits: 5.2 Recovery of debts A debt owed to the employing department may be recovered from the award payable to the member. 3.2.13 Information Reference Further information Pensions Manual Recovery of debts. Members’ Benefits: 1.5 Allocation 3.2.14 A member may opt to allocate part of the PCSPS pension in favour of a pension for a named beneficiary. Information Reference Further information Pensions Manual Advice on allocation arrangements. Options & AVCs: section 4 Prison Officers (uniform accrual) Members in the Prison Officer grades who were serving in Prison Officer posts on 30 September 1987 have a reserved right to a pension age of 55. They also have a reserved right to reckon service after 20 years at double its length. 3.2.15 When a Prison Officer resigns or opts out of the PCSPS before the pension age the preserved pension and lump sum are not brought into payment until age 60. However, the actual reckonable service as a Prison Officer used in calculating the preserved award, is increased using a method known as uniform accrual. 3.2.16 benefits\3.2 (4) Issue 5: April 2006 Members’ Benefits 3.2.17 Resignation & dismissal: 3.2 Under this method: • a proportion of the double reckoning which the member would have earned by remaining in service until age 55 is credited as reckonable service; • reckonable service which is not service as a Prison Officer is taken into account at its normal length after the calculation of uniform accrual has been made. An example of the uniform accrual calculation is given at example 1 below. 3.2.18 Example 1 Prison Officer resigns at age Reckonable service Further service to age 55 would have been Total reckonable service would then have been 38 years 11 years 16 years 28 years 46 days. 216 days. 319 days. 170 days. Member would have completed 20 years actual Prison Officer service after 8 years 149 days of that further service. The remaining 8 years 170 days would have reckoned at double its length. Total reckonable service would have been 36 years 340 days. Uniform accrual is calculated using the formula AxC B where A = Actual reckonable service as a Prison Officer on the last day of service. This is subject to a maximum of 30 years and excludes any double reckoning. B = The reckonable service the member would have had at age 55 if Prison Officer service had continued until that age. This is subject to a maximum of 30 years and excludes any double reckoning. C = The reckonable service the member would have had at age 55 if Prison Officer service had continued until that age. This is subject to a maximum of 40 years and includes any double reckoning. The member’s preserved award is calculated using reckonable service of: 11.5918 x 36.9315 = 15.0392 years. 28.4658 Information Reference Further information Pensions Manual Reserved rights for Prison Officers in post on 30 September 1987. benefits\3.2 (5) Service & Pay: 2.3 Annex B Service & Pay: 2.3 Annex C Issue 5: April 2006 Resignation & dismissal: 3.2 Members’ Benefits blank page benefits\3.2 (6) Issue 5: April 2006 Members’ Benefits Resignation & dismissal: 3.2 Annex A 3.2 Annex A Notes on calculating awards Table 1: Pensionable earnings and reckonable service Notes Reference Pensionable earnings Pensions Manual Calculating pensionable earnings. Service & Pay: section 5 The earnings cap. Service & Pay: 5.1 Reckonable service Calculating reckonable service. Service & Pay: 2.3 Reckonable service may be increased by: • buying added years; • added years granted on recruitment; • added years granted on resignation (enhanced early leaver benefits); or • transferred-in service. Options & AVCs: section 2 Service & Pay: 4.2 Service & Pay: 4.3 Transfers to the PCSPS Service (starting before - or post accepted - before 1 June 1972) in certain places overseas. Service & Pay: 3.5 Reserved rights of Prison Officer grades in post on 30 September 1987. Service & Pay: 2.3 Enhancement credited on moving to a lower substantive grade. Service & Pay: section 10 Members who opt out of the PCSPS may opt to transfer accrued PCSPS benefits to another pension scheme or arrangement (NOTE A). Transfers from the PCSPS: 4.4 Annex D NOTE A: Sometimes the transfer includes all reckonable service. In other cases, part of the reckonable service is retained by the PCSPS. When service is retained, a preserved award is calculated in respect of the remaining reckonable service. benefits\3.2a (1) Issue 5: April 2006 Resignation & dismissal: 3.2 Annex A Members’ Benefits Table 2: Awards in special circumstances Notes Reference Pensions Manual Members who move to a lower grade before the pension age • standard terms • improved terms. Service & Pay: 10.1 Service & Pay: 10.2 Members who are employed on designated appointments. Members’ Benefits: 2.3 Members who leave during a period on non-standard pay terms (or within the following year) Service & Pay: 5.1 Annex C The award is calculated in the same way as for members in corresponding circumstances who retire at the pension age. The award is preserved for payment at the pension age. Re-employment Members re-employed after leaving the PCSPS with a preserved award or before qualifying for a pension. Members who are re-employed within 6 months have their service aggregated (if they are re-employed before the pension age). Service & Pay: 6.2 Members re-employed after leaving the PCSPS with a preserved award Member served previously on a designated appointment. Service & Pay: 6.4 Member re-employed on a designated appointment. Service & Pay: 6.4 benefits\3.2a (2) Issue 5: April 2006 Members’ Benefits Resignation & dismissal: 3.3 3.3 Early payment of a preserved award Circumstances in which a preserved award may be paid before the pension age 3.3.1 A preserved award may be paid early when a former member: • opts for an actuarially reduced award; or • is in ill health; or • proves there are compelling personal grounds for early payment. NOTE: A copy of the relevant part of this chapter must be provided to any former member who enquires about the early payment of a preserved award. Actuarially reduced retirement Former members who left the Civil Service before the pension age can opt to receive a reduced pension and reduced lump sum. 3.3.2 The award is actuarially reduced before it is paid. The degree of reduction depends on the member’s age. 3.3.3 NOTE: Members retiring with actuarially reduced benefits may opt to surrender the actuarially reduced lump sum under the arrangements for commuting the retirement lump sum (2.5). Information Further information Pensions Manual Actuarially reduced retirement. benefits\3.3 Reference (1) Early Retirement: section 2 Issue 5: April 2006 Resignation & dismissal: 3.3 Members’ Benefits Early payment on ill health grounds: eligibility 3.3.4 A preserved award may be paid early: • when a former member falls ill after leaving the Civil Service. NOTE: This applies also to former members who contract an illness before leaving the Civil Service and who can demonstrate a deterioration in health since leaving; • when a former member who has opted out of the PCSPS is to be retired on medical grounds. 3.3.5 The Scheme Medical Adviser must be satisfied that the illness would have led to medical retirement if the former member had remained in the Civil Service. The cases listed below must be referred to the Cabinet Office (Civil Service Pensions Division). Civil Service Pensions Division will advise the employing department of the decision. The employing department then advises the former member. 3.3.6 • Where the former member had retired under the compulsory or flexible early retirement arrangements and repackaged or commuted all or part of an annual compensation payment. • Where the former member had retired early with Compulsory Early Severance reserved rights benefits. • Where the former member in either of the above circumstances makes a fresh application having previously made an unsuccessful application before 22 August 1996. • Where an application or renewed application is made by a person already in receipt of a pension under the AER category of early retirement. NOTE: Annex C provides guidelines for determining the timing and the amount of any early payment of pension and lump sum in the circumstances set out above. benefits\3.3 (2) Issue 5: April 2006 Members’ Benefits Resignation & dismissal: 3.3 Early payment on ill health grounds: award paid With the exception of cases referred to Civil Service Pensions Division (see above), both the preserved pension and the preserved lump sum are paid early when an application for payment is successful. 3.3.7 NOTE: Payment of the annual compensation payment ceases and is replaced by pension when a person who retired early with an annual compensation payment makes a successful application. NOTE: A member who retired early with a lump sum compensation payment cannot receive early payment of a preserved pension until the whole period represented by the lump sum compensation payment has expired. The preserved award is not given any ill health enhancement of service. 3.3.9 Members who are medically retired can commute their pension if, at the time of retirement, they have a life expectancy of less than 12 months. 3.3.10 Former members whose preserved pension is to be paid early on ill health grounds may similarly commute their pension if they meet the conditions. The procedure and calculations are the same as those which apply to staff on medical retirement. The member’s preserved pension and preserved lump sum are treated in the same way as an ill health pension and ill health lump sum. 3.3.11 Information Further information Reference Pensions Manual Option to commute pension (serious ill health). Early retirement: 7.5 Early payment on ill health grounds: action by departments Employing departments deal with requests for early payment of preserved awards on grounds of ill health, exceptionally referring appropriate cases to Civil Service Pensions Division as required (see 3.3.6). 3.3.12 benefits\3.3 (3) Issue 5: April 2006 Resignation & dismissal: 3.3 Members’ Benefits The employing department must send each case to the Scheme Medical Adviser at the address shown below, enclosing the information listed in table 1. 3.3.13 Capita Health Solutions 10 Queen Victoria Road Coventry CV1 3PJ NOTE: It is not necessary to refer the case again when a former member who has opted out of the PCSPS is being retired on medical grounds and a medical retirement certificate has been issued. Table 1: Information to be sent to Scheme Medical Adviser • A description of the duties on which the former member was employed when in the Civil Service. • The former member’s sick record during service. • Medical evidence to show that health has deteriorated since retirement. Only required when the illness was contracted before leaving the PCSPS. • Completed form Med 2/05, which is available from the CSP website. • The health declaration form and supporting documents. • The PCSPS medical entry certificate, for those joining the scheme on or after 1 April 1998. Employing departments must accept or turn down the request for early payment in the light of Scheme Medical Adviser advice and inform the former member of the decision. 3.3.14 When early payment is agreed, the employing department must give the former member: 3.3.15 • the starting date from which payment of pension has been authorised (table 2); and • an application form (GS 59(CS)) endorsed in the awarding department’s reference box: ex-preserved pension. When the former member returns the application form, the employing department must give the Authorised Pensions Administration Centre (APAC) (when the employing department is not itself an APAC): 3.3.16 • the completed application form (GS59(CS)) with a request that the preserved award be put into payment (table 2); • the starting date from which payment is to be made; and • a copy of the Scheme Medical Adviser letter. benefits\3.3 (4) Issue 5: April 2006 Members’ Benefits Resignation & dismissal: 3.3 The APAC informs the Paying Authority that early payment on ill health grounds has been authorised following reference to Scheme Medical Adviser. 3.3.17 NOTE: The APAC must: - enclose a copy of the Scheme Medical Adviser letter; and give the starting date from which payment of pension has been authorised (table 2) instruct, where appropriate, the Paying Authority to cancel any annual compensation payment and replace it by the early payment of the preserved pension Table 2: Starting date for payment of pension Member Starting date Former member applying for early payment on ill health grounds. The day the request for early payment was received by the employing department. Former member who has opted out of the PCSPS and who is being retired on medical grounds. The day following the last day of service. Former member who: The day following the end of the notional period. (This is to avoid the member receiving more favourable treatment than a member retiring with the immediate payment of an award.) • has retired early with a lump sum compensation payment; and • who applies before the end of the notional period represented by the compensation payment. 3.3.18 Model letters which departments should use are provided on PenServer. Early payment on compelling personal grounds: eligibility 3.3.19 3.3.20 A preserved award may be paid early when: • a member or former member is aged 50 or over; and • there are compelling personal grounds for payment of pension. The member or former member may apply for the award to be paid: • benefits\3.3 at the time of resignation; or (5) Issue 5: April 2006 Resignation & dismissal: 3.3 • 3.3.21 Members’ Benefits at any time after resigning (or opting out of the PCSPS). All the conditions set out in table 3 must be met. Table 3: Conditions for early payment of pension on compelling personal grounds All the following conditions must be met. • The member or former member must be facing such personal difficulties or problems as to be prevented from following any form of paid employment, either full-time or part-time. • It must not be possible to make any reasonable alternative arrangements to overcome the immediate circumstances giving rise to the request (for example, by employing a nurse or daily help when a dependent relative needs full-time care and attention). • The financial position must be such that retirement would be impractical unless the pension and lump sum were brought into payment immediately. 3.3.22 The criteria are applied rigorously. Financial hardship by itself does not constitute grounds for early payment of benefits. 3.3.23 The member or former member must apply to the employing department (or former department) for early payment of the preserved award giving full details of the circumstances in support of the request, including the information in table 4. 3.3.24 Table 4: Information to be supplied by the member or former member • Full details of income for the member or former member and all household members. They must include details of state benefits, including the outcome of any application for Income Support and income derived from savings. • Evidence of expenditure on the main household items including: - rent or mortgage repayments; - council tax; - all utility bills, including gas, electric, water bills etc - telephone line rental; - insurances; - food and clothing (there are set rates per person of household); - other main household expenditure which can be shown as essential in the circumstances. Details of income and expenditure should be supported by bank statements, bills etc • Medical evidence (when appropriate). This is always required when a close member of the family needs full-time care, although if Attendance Allowance is in payment the medical criteria may in general be said to be satisfied. The former member is responsible for providing the evidence. benefits\3.3 (6) Issue 5: April 2006 Members’ Benefits Resignation & dismissal: 3.3 Early payment on compelling personal grounds: award paid Depending on the circumstances, the Cabinet Office may decide to pay early either the pension or the lump sum, or both benefits. 3.3.25 NOTE: The member may opt to surrender the lump sum under the arrangements for commuting the retirement lump sum when both the pension and the lump sum are brought into payment. (2.5) Early payment on compelling personal grounds: action by APACs The Cabinet Office must be satisfied that the conditions in table 3 have been met. 3.3.26 3.3.27 The APAC must: • ensure that all the necessary evidence has been obtained; and • forward the case to the Cabinet Office. NOTE: the APAC must deal with requests for early payment immediately. The Cabinet Office advises the employing department of its decision. The employing department then advises the member. 3.3.28 3.3.29 When early payment has been agreed, the APAC must: • give the member or former member: - the starting date from which payment of pension has been authorised (table 5); - an application form; and - details of the arrangements for commuting the retirement lump sum; and • give the Paying Authority: - notification that early payment on compelling personal grounds has been authorised; and - the starting date from which payment of pension has been authorised (table 5). benefits\3.3 (7) Issue 5: April 2006 Resignation & dismissal: 3.3 Members’ Benefits Table 5: Starting date for payment of pension Member Starting date Former member who has retired. The day the request for early payment was received by the employing department. Member or former member who is retiring. The day following the last day of service. Former member who: The day following the end of the notional period. (This is to avoid the member receiving more favourable treatment than a member retiring with the immediate payment of an award.) • has retired early with a lump sum compensation payment; and • who applies before the end of the notional period represented by the compensation payment. benefits\3.3 (8) Issue 5: April 2006 Members’ Benefits Resignation & dismissal: 3.3 Annex A 3.3 Annex A Application for early payment on grounds of ill health Cases reserved for Civil Service Pensions Division Chapter 3.3 details those applications which employing departments must refer to Civil Service Pensions Division. This Annex sets out how such cases will be treated subject to the medical assessment criterion being met. The guidelines apply to all relevant applications received on or after 22 August 1996. They also apply to any request for consideration of early payment in respect of persons who had previously applied for early payment before that date and whose application had been refused. 1 Application made after departure on CER or FER terms and all or part of the annual compensation payment was repackaged or commuted Commutation Payment of the annual compensation remaining after commutation ceases from the day the request for early payment was received by the employing department and is replaced by a corresponding amount of pension. This amount of pension will continue in payment until the pension age and will attract future pensions increase from the date it replaces the annual compensation payment, after uprating in respect of pensions increase for the period following the early departure. At the pension age, the full amount of the preserved pension will be brought into payment. 2 benefits\3.3a (1) Issue 5: April 2006 Resignation & dismissal: 3.3 Annex A Members’ Benefits Repackaging A former member who repackaged all or part of an annual compensation payment will be treated under the above commutation arrangements, except where all or part of the annual compensation payment payable until age 55 was repackaged. In such cases, the amount of annual compensation payment remaining after repackaging will cease from the day the request for early payment was received by the employing department and be replaced by a corresponding amount of pension. This amount of pension will be payable until age 55, when it will be increased to the level of the annual compensation payment originally awarded (ie before repackaging). As with commutation, the pension will attract future pensions increase from the date it replaces the annual compensation payment, after uprating in respect of pensions increase for the period following the early departure. At the pension age, any additional pension obtained by repackaging will be brought into payment. 3 NOTE It follows from the above paragraphs that there is no benefit in these arrangements for those aged 55 or over (because pensions increase is already payable on the annual compensation payment). Applications made after early retirement with Compulsory Early Severance Reserved Rights benefits In these cases, the member has already received a CES lump sum payment plus a top-up amount which together provide for a lump sum payment equivalent to the benefits provided under the former early retirement provisions, including payment of an annual compensation payment to age 60. Where the medical assessment criteria for early payment is met, the preserved benefits will be brought into payment after account is taken of: 4 • the notional period represented by the CES lump sum payment (this is a maximum of three years and is calculated by dividing the CES lump sum compensation payment by pensionable earnings); and • the annual value of the additional top-up amount after adjustment, which shall be deducted from the gross pension before it is brought into payment. The deduction will increase in line with annual pension increases from redundancy until the individual’s pension age. At the individual’s pension age, the deduction will cease. benefits\3.3a (2) Issue 5: April 2006 Members’ Benefits Example Resignation & dismissal: 3.3 Annex A Individual left on redundancy on 8 March 1996, with CES reserved rights benefits. Date of birth: 7 March 1953 (age at redundancy 43 years 0 months). Normal pension age: 60. Application for early payment under PCSPS rule 3.14 successful. Period represented by the CES lump sum compensation period already expired. Preserved benefits can be brought into early payment immediately but only after the preserved pension has been reduced by the annual value of the reserved rights top-up payment. In determining the annual value of the reduction, the top-up payment is reduced by the value of the enhancement to the individual’s pension from age 60 and the value of the net enhancement to the retirement lump sum and after application of factors provided by the Scheme Actuary. Details from the original CES reserved rights calculation CES award (non-reserved terms) Top-up payment Total CES award £52,755.36 £22.691.60 (A) £75,446.96 Capital value of pension enhancement from age 60 £6,462.53 (B) Net enhancement to the lump sum (ie net of WPS deduction) £1,318.88 (C) Period from day following redundancy until day prior to age 60 is 16 years 363 days = 16.9945 (P) The amount to be deducted from the pension is determined using the following formula: A – (B + C) PxF where: A = The additional compensation payment, or ‘top-up’ element, of the reserved rights CES lump sum paid on redundancy. B = The capital value of the pension enhancement from age 60 which formed part of the original CES reserved rights calculation. C = The net enhancement to the lump sum (or net deduction from the gross lump sum) used in the reserved rights calculation. benefits\3.3a (3) Issue 5: April 2006 Resignation & dismissal: 3.3 Annex A Members’ Benefits P = The period from the day following redundancy until the day prior to age 60 (or earlier normal pension age for preserved benefits). The period is expressed in years and days in decimal form. F = The factor based on age at redundancy from the table at Annex D Thus, in this particular example: £22,691.60 – (£6,462.53 - £1,318.88) (factor for someone aged 43 years 0 months) 16.9945 x 0.78 = £14,910.19 = £1,124.81 pa 13.2557 (before the application of pensions increase) The deduction would increase in line with annual pensions increases from redundancy until age 60. At age 60, the deduction would cease. Application after departure on AER terms 5 Where an application is received from a former member who is in receipt of an AER pension and is over age 55 at the time of application, no referral will be made to scheme medical adviser as the pension already attracts pensions increase. Where the former member is under age 55, and the medical assessment criterion is met, the AER pension will be cancelled and replaced by early payment of the preserved pension on grounds of ill health, attracting pensions increase from the date the application was received by the employing department, after uprating in respect of pensions increase for the period following the early departure. benefits\3.3a (4) Issue 5: April 2006 Members’ Benefits Resignation & dismissal: 3.3 Annex B 3.3 Annex B Factors Table 1 sets out the factors provided by the Scheme Actuary to be used when calculating the pension deduction of those who left on CES reserved rights terms and are subsequently successful in applying for early payment of preserved benefits on grounds of ill health under PCSPS rule 3.14. 1 Table 1 Factors for calculating the pension deduction for CES reserved rights cases Age at Redundancy Factors Years and complete months Years – months 40 40 41 41 42 - 0 6 0 6 0 to to to to to 40 40 41 41 42 - 5 11 5 11 5 0.76 0.76 0.77 0.77 0.78 42 43 43 44 44 - 6 0 6 0 6 to to to to to 42 43 43 44 44 - 11 5 11 5 11 0.78 0.79 0.79 0.80 0.80 45 45 46 46 47 - 0 6 0 6 0 to to to to to 45 45 46 46 47 - 5 11 5 11 5 0.81 0.81 0.82 0.83 0.83 47 48 48 49 49 - 6 0 6 0 6 to to to to to 47 48 48 49 49 - 11 5 11 5 11 0.84 0.84 0.85 0.85 0.86 benefits\3.3b (1) Issue 5: April 2006 Members’ Benefits Resignation & dismissal: 3.4 3.4 Dismissal Grounds for dismissal 3.4.1 The grounds for dismissal are: • inefficiency; • misconduct or for disciplinary reasons; • failure of probation. The employing department must state the reason for dismissal when applying for an award. 3.4.2 Information Reference Civil Service Management Code Further information Dismissal for inefficiency, notice and appeals. Chapters 11 and 12 Benefits Members who are dismissed are entitled to the same pension benefits as if they had resigned voluntarily, provided they meet the eligibility requirements set out in 3.1. 3.4.3 Alternatively, the member may opt to transfer any accrued PCSPS benefits to another pension scheme or arrangements (regardless of the amount of qualifying service). 3.4.4 Information Further information Pensions Manual Transferring pension rights out of the PCSPS. benefits\3.4 Reference (1) Transfers from the PCSPS. PC268: September 2006 Resignation & dismissal: 3.4 Members’ Benefits Forfeiture of benefits The Minister for the Cabinet Office has the power to withhold the whole or part of any benefits (including CSCS and CSAVC Scheme benefits) payable when a member (or former member) is convicted of certain offences. Details are set out in Annex A. 3.4.5 Dismissal on inefficiency grounds A person dismissed on grounds of inefficiency may receive a lump sum compensation payment (payable immediately) if: 3.4.6 • the employing department decides it is appropriate; and • the person has at least one year’s qualifying service. NOTE Staff who left the Civil Service on grounds of inefficiency before 1 August 1988 were treated under the early retirement provisions. A person dismissed for inefficiency on or after 1 August 1988 with at least one year’s service but who had been served with formal notice of inefficiency before that date was also treated under the early retirement provisions. 3.4.7 The compensation payment may be paid in respect of: • members; and • staff who have opted out of the PCSPS. The maximum amount of compensation which may be paid is set out in table 1. Employing departments may award compensation in percentage amounts up to the maximum payable in each case. 3.4.8 NOTE For dismissals for inefficiency which occurred on or after 1 August 1988 and on or before 31 March 1998, only the maximum amount of compensation could be awarded. Information Information Notes for Personnel Managers Further information Code of practice for dealing with inefficient staff. benefits\3.4 Reference (2) PIN 40 PC268: September 2006 Members’ Benefits Resignation & dismissal: 3.4 Table 1 Lump sum compensation payable on dismissal for inefficiency At least one year’s qualifying service (NOTES A, B and C) 2 weeks’ pensionable earnings for each year of reckonable service during the first 5 years of qualifying service. Notes D, E, F, G and H. PLUS 3 weeks’ pensionable earnings for each year of reckonable service during the next 5 years of qualifying service. Notes D, E, F, G and H. PLUS 4 weeks’ pensionable earnings for each year of reckonable service after the first 10 years of qualifying service. Notes D, E, F, G and H. PLUS th 2 weeks’ pensionable earnings for each year of reckonable service after the 40 birthday. Notes E, G and H. Maximum compensation of 2 years’ pensionable earnings. Where there is part-time service in the last 3 years of reckonable service, pensionable earnings for the purposes of this limit is calculated by reference to actual pay and pensionable emoluments in whichever of the last 3 years of reckonable service gives the highest figure, rather than the full-time rate of pensionable earnings. Note J NOTE A The total compensation payment is tapered when the person is within 3 years of the pension age () see Further Information box below). The compensation payment is not tapered for Prison Officers with a pension age of 55 as their preserved benefits will not come into payment until age 60. NOTE B One week’s pensionable earnings is the weekly equivalent of the annual rate of pensionable earnings used in calculating the preserved award. It is calculated by dividing pensionable earnings by 52.2. NOTE C For this calculation, reckonable service: • includes any opted-out service; • means reckonable service before and after a move to a lower substantive grade. (It excludes any enhancement of service given if the move was made under the improved terms.) NOTE D For this calculation, qualifying service does not include periods of unpaid sick absence, unpaid leave and leave at pension rate. NOTE E In the case of members, or former members, who join or re-join an employment covered by the PCSPS on or after 1 April 1997, compensation is calculated by reference to current reckonable service only. Earlier service, transferred-in service and added years purchased are not taken into account (but there are exceptions - see the further information box below). NOTE F For departures before 1 April 1998, this calculation was based entirely on reckonable service. NOTE G Where past reckonable service was reduced following pay restructuring, that service and any further reckonable service after the reduction will be treated as continuous and ending on the last day of service. NOTE H The calculation of pensionable earnings is not subject to the earnings cap (see further information box). NOTE J On or after 1.4.1998 where a member has part- time service in the last 3 years of reckonable service the pensionable earnings used to calculate the restricted Lump Sum Compensation Payment (2 x PP) should be greater of either: • best year of actual earnings in the last 3 years • or • pensionable earnings based on equivalent full time earnings multiplied by the fraction of A/B Where A = actual reckonable service, and B = What the reckonable service would have been if the officer had worked full-time. benefits\3.4 (3) PC268: September 2006 Resignation & dismissal: 3.4 Members’ Benefits A member aged 55 or over on the last day of service, who is 3.4.9 eligible for a preserved award and who is awarded the maximum amount of compensation payable, may opt to forgo that compensation and receive, instead, immediate payment of pension and lump sum. The lump sum may be surrendered under the commutation arrangement (2.5). NOTE These options are not available to former members who have opted out of the PCSPS. The employing department must inform the awarding authority: 3.4.10 3.4.11 • when compensation is to be paid and the amount awarded (as a percentage of the maximum payable); or • when the person has opted to forgo the maximum compensation awarded and to receive, instead, immediate payment of the pension and lump sum. The employing department pays the cost of: • the lump sum compensation payment; or • the pension, (and any pensions increase on it) paid before the person’s pension age; and • the cost of bringing forward payment of the accrued retirement lump sum. For details of how this is calculated, see Further information box below. NOTE The retirement lump sum is always charged to the Civil Superannuation Vote. The pension paid by the employing department does not include any increase resulting from commuting the lump sum. The awarding department must show on the superannuation award documentation any elements of the award falling on departmental votes. 3.4.12 3.4.13 The Paying Authority: • pays the full cost of the award from the Civil Superannuation Vote. This includes any pension payments, lump sum and compensation payments; and • recovers any additional costs from the employing department on a monthly basis. benefits\3.4 (4) PC268: September 2006 Members’ Benefits Resignation & dismissal: 3.4 Information Reference Pensions Manual Further information Calculation of compensation. (New entrants who join, or rejoin an employment covered by the PCSPS on or after 1 April 1997) Early Retirement: 4.1 Annex C Tapering the compensation payment. Early Retirement: 4.2 Annex B Early payment of accrued retirement lump sum. Early Retirement: 1.4 Reduction of past reckonable service following pay restructuring. Service & Pay: 2.2 The Earnings Cap (limit on pensionable earnings). benefits\3.4 (5) Service & Pay: 5.1 PC268: September 2006 Members’ Benefits Resignation & dismissal: 3.4 Annex A 3.4 Annex A Forfeiture of PCSPS, CSCS and CSAVC Scheme benefits Forfeiting benefits The Minister for the Cabinet Office has the power to withhold any PCSPS, CSCS or CSAVC Scheme benefits payable, either completely or in part, when a member (or former member) is convicted: 1 • of one or more offences under the Official Secrets Acts 1911 to 1989 for which the member has been sentenced: - to a term of imprisonment of at least 10 years; or - on the same occasion, to 2 or more consecutive terms of imprisonment amounting in total to at least 10 years; or • of an offence in connection with any employment covered by the PCSPS and for which a Minister of the Crown certifies the offence: - to have been gravely injurious to the State; or - to be liable to lead to serious loss of confidence in the public service. NOTE When a member, or former member is convicted of treason, benefits are automatically forfeit under section 2 of the Forfeiture Act 1870. NOTE Any guaranteed minimum pension (GMP) payable under the provisions of the Social Security Pension Act 1975 cannot be forfeited in the case of ‘certified’ offences. This does not apply to offences under the Official Secrets Acts or treason. Employing departments must refer all cases in which forfeiture is a possibility to: 2 • the Cabinet Office (Employment Policy and Practice Division); and • the Cabinet Office (Civil Service Pensions Division). benefits\3.4a (1) Issue 5: April 2006 Resignation & dismissal: 3.4 Annex A Members’ Benefits NOTE Employment Policy and Practice Division advises Ministers, where necessary, on the certification of offences. Civil Service Pensions Division makes a recommendation on forfeiture if this is appropriate. Both Divisions must be consulted at an early stage in any case in which criminal proceedings are pending and the charges are such that forfeiture of benefits may need to be considered. The Cabinet Office (Civil Service Pensions Division) discusses all cases with the Council of Civil Service Unions (CCSU) on a ‘without prejudice’ basis before making a decision to withhold benefits. 3 Appeals Members and former members have a right of appeal to the Civil Service Appeal Board before pension benefits may be forfeited for reasons other than treason. 4 The Minister for the Cabinet Office will accept the decision of the board on whether or not the pension benefits are to be forfeited. 5 Information Further information Reference Civil Service Management Code: Personnel Management Forfeiture of superannuation benefits. 4.5 Annex A Appeals. 12.1 Pensions Manual Forfeiture of CSAVC Scheme benefits. benefits\3.4a (2) Options & AVCs: section 3.1 Issue 5: April 2006 Members’ Benefits Resignation & dismissal: 3.5 3.5 Reserved rights: staff in approved employment on 31 May 1972 Approved employment Before the introduction of the PCSPS on 1 June 1972, staff who left the Civil Service before the pension age usually lost any accrued pension benefits unless they could transfer them to other public sector employment. 3.5.1 Approved employment was an arrangement allowing the accrued pension benefits to be preserved in the Civil Service pension scheme when a civil servant entered an employment approved for the purpose and provided that the employment met certain conditions and the civil servant’s department gave its consent (Superannuation Act 1965, S40). 3.5.2 NOTE The conditions included a requirement that the employment was not of a purely private or commercial nature. The employment had to be in a public service field in the UK, Commonwealth countries or with an international organisation. The benefits were calculated according to the Civil Service pension arrangements in force when the person left the Civil Service. 3.5.3 Payment of the preserved benefits was made when the former civil servant: 3.5.4 • retired on age grounds from the approved employment; or • was medically retired from the approved employment (with the immediate payment of a pension under the approved employment’s pension scheme). benefits\3.5 (1) Issue 5: April 2006 Resignation & dismissal: 3.5 Members’ Benefits The approved employment arrangements generally became obsolete when the PCSPS was introduced. 3.5.5 NOTE Approved employment terms could be granted to civil servants who left after 1 June 1972 (without an entitlement to preservable benefits in the PCSPS) to join the Armed Forces. The Armed Forces Pension Scheme (AFPS) and arrangements for transferring pension benefits to or from it were introduced with an effective date of 1 April 1975. Former civil servants who were in approved employment on 31 May 1972 have reserved rights to benefits under the approved employment arrangements. 3.5.6 3.5.7 The reserved rights apply: • whether or not the former civil servant continued in the approved employment after 31 May 1972; and • irrespective of the nature of any further employment after 31 May 1972. The way the benefits are calculated depends on whether or not the former member joins the PCSPS after leaving the approved employment. 3.5.8 Former civil servant joins the PCSPS The PCSPS award action set out in table 1 applies to former civil servants who: 3.5.9 • left the Civil Service on approved employment terms before 1 June 1972; and • join the PCSPS on or after being re-employed in the Civil Service (or in a Schedule 1 body). Information Reference Pensions Manual Further information Option on aggregated or separate awards. Service & Pay: 8.3 Benefits on re-employment after the pension age. Service & Pay: section 7 Administration & Finance Schedule 1 bodies. benefits\3.5 (2) Issue 5: April 2006 Members’ Benefits Resignation & dismissal: 3.5 Table 1 Benefits to former civil servants who have been re-employed and have joined the PCSPS Age on joining the PCSPS Under 50. Action The earlier period of reckonable service in the Civil Service is aggregated with the later PCSPS service. A single award is calculated when the member subsequently leaves the PCSPS. Age 50 and over but before the PCSPS pension age. A preserved award in respect of the earlier reckonable service in the Civil Service is calculated on: • the average pensionable earnings over the last 3 years of the earlier reckonable service in the Civil Service; and • complete years of the earlier reckonable service. The re-employed PCSPS service reckons for a PCSPS award in the normal way. The member must opt for a single aggregated award or 2 separate awards on reaching the pension age (or when leaving the PCSPS if this is earlier). At or after the PCSPS pension age. The award in respect of the earlier reckonable service in the Civil Service will have been put into payment. The member is treated as a re-employed pensioner and the award is revised on final retirement provided that the member is re-employed for at least 182 days. (NOTE A) NOTE A The period of 182 days does not apply for widows’, widowers’ and civil partner’s pension purposes. Former civil servant does not join the PCSPS 3.5.10 The benefits set out in table 2 apply to former civil servants who: 3.5.11 • were in approved employment on 31 May 1972; and • have not rejoined the PCSPS. The benefits apply to: • benefits\3.5 former civil servants who have not been re-employed in the Civil Service (or in a Schedule 1 body); and (3) Issue 5: April 2006 Resignation & dismissal: 3.5 • Members’ Benefits former civil servants who have been re-employed in the Civil Service (or in a Schedule 1 body) but did not join the PCSPS, either at the time of taking up employment or later. NOTE Members who opt out of the PCSPS within 3 months of joining or rejoining the PCSPS have their option backdated to the date of joining or rejoining. Their PCSPS membership since that date is cancelled. They are treated for the purposes of these arrangements as if they had not joined the PCSPS on employment or re-employment. Table 2 Benefits to former civil servants who have not joined the PCSPS (NOTE A) Qualifying service (NOTE B) 10 years or more Benefits payable Preserved pension and lump sum payable at the pension age. See example 1. An additional allowance of: At least 2 but less than 10 years. 3/80 x pensionable earnings x reckonable service; Calculation For former civil servants whose last day in the Civil Service was before 29 February 1972, the award is calculated on: • completed years of reckonable service; and • average annual salary and pensionable emoluments in the last 3 years of reckonable service in the Civil Service. plus (NOTE C) a gratuity as set out below. See example 2. A gratuity of: At least 1 but less than 10 years. Gratuity calculated on: 1/12 x pensionable earnings x reckonable service. • completed half-years (183 days) of reckonable service; and • average salary and emoluments (as above). See example 2. NOTE A The award is payable when the person reaches the Civil Service pension age, unless immediate payment of actuarially reduced benefits is granted (see below). NOTE B Qualifying service on leaving the Civil Service and taking up approved employment. NOTE C On or after 29 February 1972 and before 1 June 1972: award calculation on reckonable service expressed in years and days; and pensionable earnings, based on the last 3 years of reckonable service in the Civil Service. The benefits are calculated and authorised by the awarding authority. 3.5.12 benefits\3.5 (4) Issue 5: April 2006 Members’ Benefits Example 1 Qualifying service 10 years or more. Resignation & dismissal: 3.5 Last day of service in the Civil Service Reckonable service 19 October 1969 12 years, 57 days Average annual salary and pensionable emoluments in last 3 years’ reckonable service £2,713.38 Reckonable service (completed years) 12 years Gross annual pension 1 x 12 x £2,713.38 = £407.01 pa 80 Gross lump sum 3 x 12 x £2,713.38 = £1,221.02 80 Example 2 Qualifying service at least 2 but less than 10 years. Last day of service in the Civil Service Reckonable service 23 April 1971 8 years, 200 days Average annual salary and pensionable emoluments in last 3 years’ reckonable service £2,319.71 Reckonable service: (completed years (completed half-years (183 days)) 8 years) 8½ years) Additional allowance 3 x 8 x £2,319.71 80 = £ 695.91 Gratuity 1 x 8½ x £2,319.71 = 12 Total due £1,643.13 £2,339.04 The award, together with accrued pensions increase (from the day following the last day of service to the eve of the payment date), is paid by the Paying Authority when the person reaches the PCSPS pension age or is medically retired from the approved employment. The former civil servant may apply for early payment (see below). 3.5.13 benefits\3.5 (5) Issue 5: April 2006 Resignation & dismissal: 3.5 Members’ Benefits Early payment of a Civil Service award A former civil servant who has a reserved right to a preserved Civil Service award as a result of approved employment may apply for early payment of Civil Service benefits in certain circumstances. 3.5.14 3.5.15 To be eligible, the former civil servant must: • have qualified for a pension from the approved employment; and • be retiring from the approved employment on age grounds (before the PCSPS pension age). NOTE This is a reserved right operating under the approved employment arrangements only. It does not apply when the former civil servant retires from or leaves the approved employment for reasons other than retirement on age grounds. The former civil servant must apply for the early payment of Civil Service benefits within 6 months of retiring from the approved employment. 3.5.16 The Civil Service award (calculated in accordance with table 2 above) is actuarially reduced when it is paid before the PCSPS pension age under these arrangements. 3.5.17 The calculation of actuarially reduced benefits is made in the same way as benefits paid under the actuarially reduced retirement category of early retirement. 3.5.18 Information Further information benefits\3.5 Reference Pensions Manual Advice about the calculation of actuarially reduced benefits, including formulae and factors. (6) Early retirement: 2.3 Issue 5: April 2006 Members’ Benefits Resignation & dismissal: 3.6 3.6 Gratuities (Residual benefits under former arrangements) The gratuities referred to in this chapter are no longer available. Gratuities The following gratuities were paid under the Civil Service pension arrangements which existed before the introduction of the PCSPS (1 June 1972): 3.6.1 • marriage gratuities (women only); • unestablished gratuities; • part-time gratuities; • mixed service gratuities. When the PCSPS was introduced, members who had an expectation of receiving one or more of these gratuities had a reserved right to opt to receive a gratuity in respect of their service before 1 June 1972. 3.6.2 3.6.3 3.6.4 The member had to: • satisfy the qualifying conditions for the payment of the gratuity; • have been in service on 31 May 1972; and • retire or resign before 1 June 1982. The reserved right no longer exists. A gratuity paid under these reserved rights provisions cannot be refunded if the person is re-employed and again becomes pensionable under the PCSPS. 3.6.5 benefits\3.6 (1) Issue 5: April 2006 Resignation & dismissal: 3.6 Members’ Benefits NOTE Different provisions apply to members who received gratuities under the former pension arrangements and who were later re-employed in the Civil Service. Information Further information benefits\3.6 Reference Pensions Manual Members who could opt to have earlier service aggregated. (2) Service & Pay: Section 8 Issue 5: April 2006
© Copyright 2024