Issue - meetings

Report of the Assistant Chief Executive, People and Organisational Development, to consider regulatory changes affecting the administration of the Local Government Pension Scheme together with relevant issues covered in circulars issued by the Local Government Pensions Committee (LGPC) and Department for Communities and Local Government (DCLG).

Steve Davies, Head of Human Resources, presented the Fund Administration update.

Members were advised that regulations now permitted members with a nominated co-habiting partner to purchase pre April 1988 membership to increase a survivors pension. The Committee was asked to approve the recommendation that the medical declaration required to purchase added membership under Regulation 14 of the LGPS (Benefit Membership and Contributions) Regulations 2007 (as amended) be extended to payment of Additional Survivor Benefit Contributions under Regulation 14A of those regulations. In response to a question from the Committee regarding whether everyone was required to provide a report from a medical practitioner, it was reported that this was required from those who had been seen by a medical practitioner within the previous 12 months. The Committee suggested that it would fairer to require that everyone applying to purchase additional membership provide a medical report. 

In response to a question from the Committee regarding whether the proposed approach was compliant with the Disability Discrimination Act, Mr Davies advised that the Council was required to make reasonable adjustments for any person with a disability, and that people would not necessarily be precluded from purchasing additional membership. It was suggested that the policy wording be revised for clarification of what would happen in the event that someone were to declare a pre-existing medical condition, and the criteria on which any decision regarding the acceptance or refusal of an application would be based. Mr Davies agreed that the wording of the policy could be reviewed for clarification regarding this issue.

The Committee asked whether there might be any wider implications for members of the scheme as a result of making a medical declaration as part of their application. It was reported that this would depend on the nature of the declaration, however all such information would be subject to medical privilege.

In response to a question from the Committee regarding whether there would a time limit for when an investigation would be carried out in the event that a member died after purchasing additional membership, it was reported that this would depend on the circumstances. Each case would be assessed on its own merits as to whether an investigation was necessary.

RESOLVED

i) That the Administration Report be noted.

ii) That the medical declaration required to purchase added membership under Regulation 14 of the LGPS (Benefit Membership and Contributions) Regulations 2007 (as amended) be extended to payment of Additional Survivor Benefit Contributions under Regulation 14A of those regulations, with a report from a medical professional to confirm the content of the medical declaration being required from all those applying to purchase added membership.

iii) That the wording of the policy be revised for clarity as to what would happen in the event of a pre-existing medical condition being disclosed by an applicant, and the criteria on which any decision to refuse or accept an application would be made in the event of a pre-existing medical condition being disclosed.