PENSIONS URGENT UPDATE

URGENT UPDATE

 

 

Local Government Pension Scheme (LGPS) 2014 England and Wales

 

The Regulations changing the LGPS in England and Wales will come into force with effect from 1 April 2014.

 

A final reminder that anyone who has currently opted out of the LGPS (England and Wales) but wants to ensure the earnings link protection on any final salary benefits they have earned up to April 2014 (there may be some protection for those who opt back in within 5 years of opting out) MUST rejoin immediately. If the cost of the contributions is a problem then they should be reminded that from April there will be an option to pay half their normal contribution rate for half the pension. They should approach their employer’s pension department and ensure that the forms to rejoin have been returned and received by the pensions department before the end of this month.  If they are not actively contributing to the scheme then any benefits they earned before they opted out, that fall outside the proposed five year window protection to opt back in, will go up in line with prices (currently Consumer Price Index) not earnings.

 

Anyone in the LGPS (England and Wales) thinking of paying Additional Voluntary Contributions to maximise tax free lump sum payment when they retire (so they don’t have to exchange so much of their pension for cash at the relatively poor exchange rate of £12 cash £1 pension) should elect to pay the contributions BEFORE April 2014. Members should also ensure that the election form is in the hands of their employer or their Pension Fund Administering Authority before 1 April 2014.

 

If members elect to pay after April (or if their forms are received late) then when they retire they are likely only to be able to take part of their AVC fund as a cash sum (currently 25% of the value). They will have to buy extra pension from the LGPS, or at whatever the annuity rates will be in the future, from a pension provider such as an insurance company. Members, especially those near retirement, should consider paying AVC’s if they can afford it and approach their employer pensions department for details of the AVC arrangement operated by their employer/LGPS fund. They can as an alternative buy extra pension in the LGPS.

 

LGPS transitional regulations update

 

These Regulations have been delayed due to the Government debating whether Councillors should continue to be allowed to join the LGPS.  However, as far as we are aware, the protections that were agreed as part of the negotiations on the new LGPS scheme are all included. UNISON has been involved in drafting the regulations.

 

As drafted the regulations would mean the 'rule of 85' protection will go over into the LGPS 2014 unchanged. So any part of a person's service currently covered by the rule of 85 would not be reduced for early payment if s/he decides to retire at 60, unless they have not completed enough service by that time to satisfy the rule, or the member has tapered protection.

 

Those who voluntarily decide to retire between the age of 55 and 60 with full or part protection for the rule of 85, would have an early retirement reduction unless the employer agreed to pay to remove it. There is still fine tuning to be done about the level of the reduction in such cases. We think that UNISON has been successful in arguing that the reduction will only count back from age 60, not 65, (or from the date the member attains the 85 year rule if after age 60), but this will be confirmed when the regulations are laid.

 

We also expect that the current definition of final pay and protections on pay will remain the same for all service up to April 2014. Underpinning protection for those who were within 10 years of their normal retirement age at April 2012 is also in the current draft.

 

UNISON is pushing for the transitional regulations to be laid as soon as possible, to remove uncertainty. We are concerned that, because of the delay in bringing the transitional regulations into law, some members are considering leaving the scheme or even resigning their jobs - under the false impression that the protections will not be implemented and the equally false impression that leaving the scheme would somehow protect their past service rights in the LGPS.

 

All those who want to ensure the final earnings protection on their LGPS service to April 2014, should make sure they are contributing to the LGPS when the regulations change in April.

 

 

Local Government Pension Scheme (Miscellaneous Amendments) Regulations 2014

 

These regulations were finally were laid before Parliament on Friday, 17 January; to come into force on 10 February. They make a number of technical amendments including clarifying the employer duties for automatic enrolment and re-enrolment of staff into the LGPS. The Explanatory Memorandum carries further detail and this is available to download along with the Statutory Instrument (SI 2014/44) from the OPSI website - www.opsi.gov.uk .

  

LGPS Shadow Scheme Advisory Board

 

The LGPS Shadow Scheme Advisory Board has issued a report on the call for evidence on fund mergers and methods to increase efficiency this can be found at: http://www.lgpsboard.org. UNISON was the only union to submit a response and this helped influence the shape of the report and recommendations. We expect the government to produce and options paper on fund mergers and other options in the coming months.

 

The board is seeking a legal opinion on a range of issues such as who is responsible for paying benefits should a fund go bust and in whose interests are funds invested? We expect the opinion to inform the forthcoming governance regulations, which will set procedures for running the scheme at national and fund level in the future.

 

Petition to oppose cuts to Support Fund to local Advice Centres

You may already be aware that the County Council is proposing to cut its Support Fund with effect from April 2014 and to end advice centre funding from April 2015.  The Support Fund provides emergency help to those in dire need, using money which was delegated by the Department of Works and Pensions last year.  Advice Centres in Oxfordshire provide in-depth advice, support and advocacy for those living in the most deprived areas of the county, in order to maximise their income, claim any benefits and credits to which they are entitled and reduce their debts.

Anneliese Dodds, who chairs Rose Hill & Donnington Advice Centre has set up an on-line petition to oppose these cuts: we would be very grateful if you would sign it and forward it to others who you think might sign it too.  The link is as follows:

 

oxfordshire-county-council-maintain-the-support-fund-for-the-poorest-people-in-oxfordshire

Chief Executive talks to the Guardian

Bit of a late "news" story we know but we would like to welcome the comments in the article especially the quotes attributed towards UNISON.

The article was released in the Guardian on 02/10/2013 and includes many direct quotations from Peter Sloman http://www.theguardian.com/society/2013/oct/02/peter-sloman-oxford-city-council-houses

"We have demonstrated that you don't need to privatise services. We've also proved that you can motivate people. We do not want to see our services externalised to a for-profit organisation. We should be an exemplar for running those services,"

"For me, if you want to get the best out of the public service workforce, you're not going to do it by privatising them, by handing them over to companies they can see are not as able to manage services locally as the council themselves,"

There were favourable references to our Pay Deal but with no attributable quote.

UNISON feels the attributable quotes about not needing to privatise services are a welcome assertion; however, UNISON does recognise that the sentence 'We do not want to see our services externalised to a for-profit organisation' does complicate the message.

Does this mean that we have demonstrated that we don't need to privatise services; but if we do, they can only be to non-profit organisations, like Fusion?

What does this say about "part-privatisation"? Using Capita as an ever increasing "overflow" for the Contact Centre or Mouchel for administration tasks. Are these "for profit organisations" and do they pay the Living Wage? How do we know they are "exemplar for running those services"?

UNISON does sympathise with the complexities of these issues and can see how newspapers can blur quotations and mis-represent particular key points. But, we would like to see some clarification regarding (what we can see as) the blurred message which can be in the form of  a re-asserted rebuke and a re-affirmation that at Oxford City Council:

THERE WILL BE NO PRIVATISATION OF SERVICES.

Another Success Story from an Oxford City Council's UNISON Steward

Steward success is not always about successfully defending members in times of crises. They are proactive in seeking the best circumstances for members; representing your voice within meetings where decisions are made about Workforce Management and Performance Management. Unions are the only negotiating party who work on behalf of members.

A success story within Customer Contact is where our Steward (Lorraine Francis) has got into those decision making meetings and tirelessly works on behalf of the members in Customer Contact.

How did she get there? UNISON conducted a survey of members within the Contact Centre. We asked questions about their feelings towards their work and what their confidence is on the current circumstances.

Lorraine, represented the data to management and as a result of this effort she has regular FORTNIGHTLY meetings with management to discuss issues within the Contact Centre. Customer Contact Managers have also agreed, as part of being open and transparent, to send her on the 3 day Work force Management training; which, means she is able to have a more informed perspective on decisions to enable her to be in a powerful position when negotiations take place.

Respect also goes to the Customer Contact Managers who have listened to UNISON's concerns and acted on them in a positive way. Lorraine considers that she has more input now on anything that may become an issue and affect staff morale and she has an input on they way things are being implemented.

If you work in the Contact Centre and if you are are not a Member please feel free to email or approach Lorraine Francis if you would like further information about UNISON's work at Oxford City Council. If you work in the Contact Centre and you ARE a Member please feel free to contact Lorraine if you are experiencing any issuesat work.

If you work in other departments and would like to know more information about who your contact is please email oxfordunison@gmail.com or contact the local branch office at 01865 252522.

And finally, if you are interested in becoming a steward for your area, where you are:

• Entitled to time off for training
• Entitled to Facility time
• Assist members in your area
• Negotiate on decisions that affects you and your members in your department (see article above)
• Have the right to vote at branch committee on Council policy decisions and the direction of YOUR union.

Please email the branch secretary Caroline Glendinning at cglendinning@oxford.gov.uk  or call the office on 01865 252522.

Christmas News

Not really news yet; but a decision will be made very soon about what Oxford City UNISON branch is doing for the festive season. Keep checking; it will be very exciting!

Another Success Story from an Oxford City Council's UNISON Steward

UNISON stewards are there to help all members with issues at work and one particular example is when a member is under disciplinary. Oxford City's UNISON branch understand the stress and anguish when this situation occurs to our members and we are very experienced in dealing with a disciplinary. We have officers and stewards trained by the Regional Training programmes and we seek to represent and resolve the issue in the best interest of OUR members.

One of our members was subjected to a disciplinary and one our esteemed stewards recognised that the investigation was not subject to procedure and that our member should have been praised for the work he did during an extremely emotional and stressful time rather than disciplined.

Our Steward got him off all charges and highlighted concerns about management not following procedure at one of our leisure centres. Our Branch Secretary is meeting with the HR department of Fusion (who run our Leisure Centres) and will express the concerns the UNISON Branch have with management not following procedure. We will report on the outcome of this meeting.

This is a great example of Oxford City's UNISON being there for members in times of crisis and representing you on your behalf for a positive solution.

If you have any questions about the disciplinary process at Oxford City Council or have any other concerns that we can help with please do not hesitate to contact your Steward or email oxfordunison@gmail.com or contact the local branch office at 01865 252522.


BRANCH COMMITTEE NEWS

Following recent Membership Feedback relating to a previous article (dated 15/10/2013 Attendance Management Policy up for Review); Oxford City's UNISON Branch Committee recognised that members find it difficult to find the time to read an entire 50 page policy. Further to this, the Branch Committee recognises that it is difficult to give feedback when you do not know what changes are being proposed.

The Branch has therefore AGREED to a new process for new and adjusted Policies and Procedures (Terms and Conditions).

The Branch Committee PROPOSES that management:

1. Send the Branch Secretary a completed form indicating the policy/procedure name and the date of the proposal and date to be implemented. Then each proposed policy or change to existing policy listed to ensure we understand what is proposed.
2. The Branch Secretary informs the Branch Committee of the form and sends the form to the membership for their feedback on the proposals.
3. The Branch Committee considers the proposals and the feedback from member to determine the next course of action and what counter proposals can be offered or what can be accepted.
4. Negotiation Team meets with Management to get the best deal for members.
5. That 'Best' deal gets voted by Branch Committee
6. Branch Committee communicates to membership of the result
7. Negotiation Team meets with Management to ensure the wording in the document reflects the proposals that have been AGREED.
8. Branch Committee communicates the new Policy and Procedure to the members with the details of what they have won on their behalf.

This new proposal ensures that YOU the MEMBERS have a direct opportunity to provide feedback on changes that are proposed AND you have the opportunity to express your own suggestions for improvements.

If you want to have the ability to vote on these decisions the Branch Committee would welcome any volunteers to join. Please email oxfordunison@gmail.com or call the local branch office at 01865 252522.


AND FINALLY

Oxford City's UNISON Branch Committee is supporting Oxford City Council's 'Best Companies "b heard" survey. The Branch Committee feel that feedback on this level is making a larger impact now than previous survey's and would hope that all of OUR Members voices are represented; you can do it in work time and the City Council will donate £1.00 to Maggies Oxford AND Crisis Skylight for ever survey returned!

For more information call Oxford City Council's HR team on 252848.

Success Story from an Oxford City Council’s UNISON steward

 

Following fraught negotiations with a manager one of our stewards supported and achieved a reduced hours contract for a member under the flexible working policy. The request was previously refused, however, following advice, guidance and leadership from one of your stewards this was eventually reconsidered in the members favour.

I have recently gone through negotiations of the flexible working policy for childcare reasons and was surprised to find out that under the policy I only have a RIGHT to request for flexible working NOT to receive it. My right to request is only due to the fact that I am:

·         An employee;

·         Have worked continuously for 26 weeks at the date of request made;

·         Have caring responsibilities for the child or adult in respect of whom the request is being made; and

·         Not have made a formal request to work flexibly during the last 12 months (each 12 months period runs from the date when the most recent application was made).

There is a checklist for caring for adults which was something I was not originally aware of and if you are caring for a relative adult or child who you have carers responsibilities for and you would like to know more information about this please do not hesitate to contact us on oxfordunison@gmail.com or contact the local branch officer on 01865 252522.

There are 8 statutory business reasons for rejection:

a)    The burden of additional costs

b)    Detrimental effect on ability to meet customer demand

c)    Inability to reorganise work among existing staff

d)    Inability to recruit additional staff

e)    Detrimental impact on performance

f)     Insufficiency of work during the periods that you propose to work

g)    Planned changes.

In my case, it is worth noting that the Council turned my original request down; however they did offer me a reasonable alternative following a discussion with my Union representative at the time – I was very thankful for being member so UNISON could negotiate a settlement for me.

If it was not for the Unions Stewards keeping those lines of communications open, liaising, putting across sensible reasonable arguments for or against; then such settlements may never be gained for members.

This is one of many success stories that go unreported by our Stewards and Officers and it is time we stop dwelling on the few losses and demonstrate that we are there for you when you need us and we can influence decisions that affect you the members.

Attendance Management Policy up for Review

Currently we have the Attendance Management Policy under review and UNISON Oxford Branch would really like your feedback on the policy – how has it affected you? What would you like included? What would you like to be removed?

To read the current policy: http://occweb/files/seealsodocs/95803/Attendance%20Management%20policy%20V2.pdf

If you have any feedback please sent these to oxfordunison@gmail.com or talk/email your suggestions to your Union Steward. Don't know who your nearest Steward is? Please email and we will get them to contact you.

Obviously, we cannot guarantee that we will be able to carry out your recommendations but we will certainly take them on board and consider them.

If you are interested in becoming a union representative (steward) for your area and have a direct input on Council policies and procedures (including voting at branch on passing the policies and procedures) then please contact oxfordunison@gmail.com you will have access to direct support including UNISON training sessions at no cost to yourself.

Become an active part in YOUR Local Union Branch. And be part of the decisions that affect your Working Conditions.