Democracy Spraffa

7 - Pensions Discretion Policy

Renfrewshire Council · 30 March 2023
Back to Finance, Resources and Customer Services Policy Board — 30 March 2023 and its agenda

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___________________________________________________________________
To: Finance, Resources and Customer Services Policy Board
On: 30 March 2023
___________________________________________________________________
Report by: Director of Finance and Resources
___________________________________________________________________
Heading: Pension Discretions Policy
___________________________________________________________________
1. Summary 
1.1 At present Renfrewshire Council Pension Discretions Policy does not enable
the offer of shared AVCs for employees, which, if enabled, could result in
benefits to both Renfrewshire Council colleagues and the council in terms of
financial savings. 
1.2 The Council has approx. 7778 colleagues LGPS members with 169 being
current AVC members (2.2%).  The average AVC contribution per month is
£251 per colleague. 
1.3 The benefit of a Shared AVC contribution is the contribution is deducted from
the Gross Salary (salary sacrifice) and paid through the employer, rather than
a deduction after Gross Salary.  This results in a saving for the employee
through a reduction in tax and national insurance contributions.  From the
employer perspective, this achieves savings through national insurance
contributions. 
1.4 Several organisations can provide this service and we propose to work with
procurement to identify the best partner to support us. 
1.5 To enable this, a change is required to the Renfrewshire Council LGPS
discretions Policy specifically in section R17.

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In addition, job titles have been updated, throughout the policy, to reflect the
current structure, Head of HR and Organisational Development has been
changed to Head of People and OD have been made and lead contact is now
Alastair MacArthur rather than Alan Russell. 
1.6 Consultation has commenced with the Trade Unions. 
1.7 Following approval from Members, officers will work towards the
implementation of this policy.  
__________________________________________________________________
2. Recommendations 
2.1 It is recommended that members: 
 Approve the revised Pension Discretions Policy
__________________________________________________________________
Implications of the Report
1. Financial - The Council’s ongoing financial sustainability is dependent
on the ability of the Council to transform and modernise services. 
 
2. HR & Organisational Development - As outlined in the report. 
3. Community Planning – None. 
4. Legal –  Voluntary changes to pension AVCs for employees. 
 
5. Property/Assets – None 
6. Information Technology – None
7. Equality & Human Rights
The Recommendations contained within this report have been assessed
in relation to their impact on equalities and human rights. No negative
impacts on equality groups or potential for infringement of individuals’
human rights have been identified arising from the recommendations
contained in the report because for example it is for noting only.   If
required following implementation, the actual impact of the
recommendations and the mitigating actions will be reviewed and
monitored, and the results of the assessment will be published on the
Council’s website.
8. Health & Safety - None

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9. Procurement – None.
10. Risk – None.
11. Privacy Impact – None.
12. Cosla Policy Position – None.
13. Climate Risk – None.
_________________________________________________________
List of Background Papers
None
_________________________________________________________________
Author:     Marlene Boyd, Head of People and OD, marlene.boyd@renfrewshire.gov.uk

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Renfrewshire Council Policy Statement LGPS 2017 
Employer: Renfrewshire Council 
Lead officer (for questions): Alastair MacArthur 
Contact details:
alastair.macarthur@renfrewshire.gov.uk
Date of policy statement: February 2023 
Date for review: This policy statement will be reviewed and revised as and when necessary
to reflect any regulatory or policy changes. Any such changed will be advised to Strathclyde
Pension Fund as the administering authority and to scheme members. 
We are aware of our obligations under: 
 regulation 58 of SSI 2014 No.164, the LGPS (Scotland) Regulations 2014
 paragraph 2(2) of Schedule 2 to the LGPS (Transitional Provisions and Savings)
(Scotland) Regulations 2014
 regulation 61 of the Local Government Pension Scheme (Administration) (Scotland)
Regulations 2008 (in respect of leavers between 1 April 2009 and 31 March 2015)
 regulation 105 of the Local Government Pension Scheme (Scotland) Regulations
1998 (in respect of leavers between 1 April 1998 and 31 March 2009 
In developing our policy statement, we are aware that the LGPC has produced a document
called “Discretions Policies” that contains tips for employers, see:
http://www.lgpsregs.org/index.php/scotland/admin-guides 
Note: * in the following tables beside a regulation denotes the discretions where we are
required to have a policy statement under the regulations 
Table 1 details our discretions from 01 04 15 in relation to post 31 03 15 active members
and post 31 03 15 leavers. 
Table 2 details our discretions in relation to scheme members who ceased active
membership on or after 01 04 09 and before 01 04 15. 
Table 3 details our discretions under the Local Government Pension Scheme
(Scotland) Regulations 1998 (as amended) in relation to pre 01 04 09 scheme leavers. 
Table 4 details our discretions under the Local Government Pension Scheme
(Scotland) Regulations 1987 (as amended) in relation to pre 01 04 98 scheme leavers. 
Table 5 details our discretions under the Local Government (Discretionary Payments and
Injury Benefits) (Scotland) Regulations 1998 (as amended).

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TABLE 1 
The following table details our discretions from 01 04 15 in relation to post 31 03 15
active members and post 31 03 15 leavers, being discretions under:
- the Local Government Pension Scheme (Scotland) Regulations 2014 [prefix R]
- the Local Government Pension Scheme (Transitional Provisions and Savings)
(Scotland) Regulations 2014 [prefix TP]
- the Local Government Pension Scheme (Administration) (Scotland) Regulations
2008 [prefix A]
- the Local Government Pension Scheme (Benefits, Membership and Contributions)
(Scotland) Regulations 2008 (as amended) [prefix B]
- the Local Government Pension Scheme (Transitional Provisions) (Scotland)
Regulations 2008 [prefix T]
- the Local Government Pension Scheme (Scotland) Regulations 1998 (as amended)
[prefix L] 
Regulation Discretion Employer’s policy on the
exercise of this discretion 
R3(1)(b
Decide which employees to nominate for
membership (admission bodies)
Renfrewshire Council as a
Scheduled Body allows all
eligible employees to join the
LGPS unless they decide
otherwise. 
RSch 2, Part 2,
para 12(c)
Whether, in respect of an admission body
providing a service in respect of
outsourced work, to set off against
payments due to that body any sums due
from that body to the Fund
Renfrewshire Council will
consider each case on an
individual basis.
R9(1) to R9(4) Determine the rate of employee’s
contributions
The employee’s rate of
contributions will be
determined in accordance
with these regulations.
R9(10) Determine intervals at which employees’
contributions are to be made
The frequency of employee
contributions will be
determined by the relevant
pay cycle.
R16(2)(e)* &
R16(4)(d)*
Whether, how much, and in what
circumstances to contribute to a shared
cost APC scheme
Renfrewshire Council will
contribute 2/3rds of the cost
to a SCAPC where election
would not have been possible
within the timescales, subject
to individual circumstances.
R16(16) Whether to extend 30 day deadline for
member to elect for a shared cost APC
upon return from a period of absence
from work with permission with no
pensionable pay (otherwise than because
Renfrewshire Council will not
have a general policy to
extend the 30 day deadline
but in exceptional
circumstances may extend

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of illness or injury, child-related leave or
reserve force service leave)
this subject to individual
circumstances.
R17(1) &
definition of
SCAVC in
RSch 1
Whether, and in what circumstances to
contribute to a shared cost AVC scheme.
The Council will pay shared
cost AVCs where an
employee has elected to pay
AVCs by salary sacrifice. 
The amount of these
employer shared cost AVCs
will not exceed the amount
of salary sacrificed by the
employee.  This is a Council
discretion which is subject to
the employee meeting the
conditions for acceptance
into the salary sacrifice
shared cost AVC scheme
and may be withdrawn or
changed at any time
TP15(1)(b) &
L65(8) &
former
L65(9)(b)
Allow late application to convert scheme
AVCs into membership credit i.e allow
application more that 30 days after
cessation of active membership (where
AVC arrangement was entered into
before 30/6/05)
Renfrewshire Council will not
have a general policy to allow
late application to convert
scheme AVCs into
membership credit but the
Chief Executive in
consultation with the Head of
People and OD may do so if
exceptional circumstances
can be proved such as the
member being unaware of
this right. Each case will be
considered on its individual
merits.
R19(2) No right to a return of contributions due to
an offence of a fraudulent character or
grave misconduct unless the employer
directs a total or partial refund is to be
made
Renfrewshire Council will not
normally direct a return of
contributions in the event of
an offence of a fraudulent
character or grave
misconduct. 
R20(1)(b)
Specify in an employee’s contract what
other payments or benefits, other than
those specified in R20(1)(a) and not
otherwise precluded by R20(2), are to be
pensionable
Elements of pay received by
an employee other than those
specified in these regulations
and not otherwise precluded
will only be pensionable if
specified as such in the
member’s contract of
employment.

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R21(5) In determining Assumed Pensionable
Pay, whether a lump sum payment made
in the previous 12 months is a “regular
lump sum”
Renfrewshire Council will
consider each case subject to
individual merits by the Chief
Executive in consultation with
the Head of People and OD.
R29(5) & (13) Whether to grant application for early
payment of benefits on or after age 55
and before age 60
Renfrewshire Council will not
have a general policy of
granting early payment of

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benefits on or after age 55
and before age 60 but will
consider requests on a case
by case basis. Renfrewshire
Council may exercise this
discretion where a sound
business case can be made
for doing so or where other
exceptional circumstances
arise that make payment of
those benefits justifiable.
R29(6)* &
TP11(2)
Whether all or some benefits can be paid
if an employee reduces their hours or
grade prior to age 60 (flexible retirement)
Renfrewshire Council will not
have a general policy of
exercising this discretion but
may exercise this discretion
where a sound business case
can be made for granting
flexible retirement with
immediate access to all or
part of the member’s benefits.
Each case will be considered
on its individual merits by the
Chief Executive in
consultation with the Head of
People and OD.
R29(8)* and
TPSch 2, para
2(1)
Whether to waive, in whole or in part, any
actuarial reduction on benefits paid on
flexible retirement.
Note: any resultant strain cost from
the exercise of this discretion will be
charged to the employer regardless of
the member’s age at date of
retirement.
Renfrewshire Council may
waive, in whole or in part, the
actuarial reduction on the
benefits paid on flexible
retirement where the sound
business case for granting
payment of benefits on
flexible retirement in R29(6)*
& TP11(2) above includes
such a recommendation.
R29(8)* Whether to waive, in whole or in part,
actuarial reduction on benefits which a
member voluntarily draws before normal
pension age, other than on the grounds of
flexible retirement (where the member
only has post 31/3/15 membership)
Note: any resultant strain costs due to
the exercise of this discretion will be
charged to the employer regardless of
the employee’s age.
Renfrewshire Council will not
generally waive the actuarial
reduction applied to benefits
paid early under regulation
R29(5) & (13) above.
Renfrewshire Council may
consider waiving the actuarial
reduction where exercising
that discretion can be justified
in terms of the sound
businesses case made for
initially paying those benefits
or where other exceptional
circumstances arise that
make payment of those

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benefits justifiable. Each case
will be considered on its
individual merits by the Chief
Executive in consultation with
the Head of People and OD.
TPSch 2, paras
1(2) and 2(1)*
Whether to apply the 85 year rule for a
member voluntarily drawing benefits, with
employer consent, on or after age
55 and before age 60 (other than on the
grounds of flexible retirement).
Renfrewshire Council will not
have a general policy of
exercising this discretion but
may exercise this discretion
where a sound business case
can be made to the Chief
Executive for consideration in
consultation with the Head of
People and OD.
TP3(1), TPSch
2, para 2(1) *
Whether to waive, in whole or in part, any
actuarial reduction on pre and post April
2015 benefits which a member voluntarily
draws before normal pension age other
than on the grounds of flexible retirement
(where the member has both pre 1/4/15
and post 31/3/15 membership and is
subject to the 85 year rule)
Renfrewshire Council will not
have a general policy of
exercising this discretion but
may exercise this discretion
where a sound business case
can be made to the Chief
Executive for consideration in
consultation with the Head of
People and OD.
TP3(1), TPSch
2, para 2(1)
and B30(5)*
Whether to waive on compassionate
grounds any actuarial reduction on pre
April 2015 benefits and to waive, in whole
or in part, any actuarial reduction on post
April 2015 benefits which a member
voluntarily draws before normal pension
age other than on the grounds of flexible
retirement (where the member has both
pre 1/4/15 and post 31/3/15 membership
and is not subject to the 85 year rule)
Renfrewshire Council will not
have a general policy of
exercising this discretion but
may exercise this discretion
where a sound business case
can be made to the Chief
Executive for consideration in
consultation with the Head of
People and OD.
R30* 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 £5,000 p.a.)
Renfrewshire Council will not
have a general policy to grant
additional pension to a
member (by up to £5,000p.a.)
but may consider doing so
where a sound business case
can be made for exercising
this discretion. Each case will
be considered on its
individual merits by the Chief
Executive in consultation with
the Head of People and OD.

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TP12(4) Whether to use a certificate produced by
an IRMP under the 2009 Scheme for the
purposes of making an ill health
determination under the 2015 Scheme.
Renfrewshire Council will
exercise this discretion.
R89(1) & (8)
R89(4)
Whether to apply to Scottish Ministers for
a forfeiture certificate (where a member is
convicted of a relevant offence) and
subsequently whether to direct that
benefits are to be forfeited (other than
rights to GMP – but see R92 below)
Renfrewshire Council may
apply for a forfeiture
certificate where a member is
convicted of a relevant
offence and, following the
issue of the certificate, direct
that benefits are to be
forfeited. Each case will be
considered on its individual
merits by the Chief Executive
in consultation with the Head
of People and OD.
R90(2) Whether to recover from the fund any
monetary obligation or, if less, the value
of the member’s benefits (other than
transferred in pension rights or AVCs /
SCAVCs) where the obligation was as a
result of a criminal, negligent or
fraudulent act or omission in connection
with the employment and as a result of
which the person has left the
employment.
Renfrewshire Council may
recover from Strathclyde
Pension Fund the amount of
loss in cases of criminal,
negligence or fraudulent acts
by a member, provided that
other means of recovery have
been exhausted. Each case
will be considered on its
individual merits by the Chief
Executive in consultation with
the Head of People and OD.
R92 Whether, if the member has committed
treason or been imprisoned for at least 10
years for one or more offences under the
Official Secrets Acts, forfeiture under R89
or recovery of a monetary obligation
under R90 should deprive the member or
the member’s surviving spouse or civil
partner of any GMP entitlement
Renfrewshire Council may
apply for a forfeiture
certificate where a member is
convicted of a relevant
offence and, following the
issue of the certificate, direct
that benefits are to be
forfeited. Each case will be
considered on its individual
merits by the Chief Executive
in consultation with the Head
of People and OD.
R96(1)(b) Agree to bulk transfer payment Renfrewshire Council may
exercise this discretion and
agree to the bulk transfer of
the pension value and consult
with SPFO and the fund
actuaries in this regard. Each
case will be considered on its
individual merits by the Chief

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Executive in consultation with
the Head of People and OD.
R98(6) Extend normal time limit for acceptance
of a transfer value beyond the 12 month
time limit from joining the LGPS
Renfrewshire Council will not
generally extend the normal
time limit for acceptance of a
transfer value beyond 12
months from joining the
scheme but may do so where
exceptional circumstances
can be proved. In any event
the maximum extension will
be a period of two years from
the member’s date of joining
the scheme. Each case will
be considered on its
individual merits by the Chief
Executive in consultation with
the Head of People and OD.
TP3(6),
TP4(6)(c),
TP8(4),
TP10(2)(a),
TP17(2)(b) &
B11(2)
Whether to allow a member to select final
pay period for fees to be any 3
consecutive years ending in the 10 years
prior to leaving and ending on the
anniversary of the date of leaving
Renfrewshire Council will
allow a member to select final
pay for fees to be any three
consecutive years ending 31st
March in the 10 years prior to
leaving. Renfrewshire Council
agree that this will
automatically be done by
SPF.
TP3(1)(a),
A43(5)
Issue a certificate of protection of pension
benefits where eligible non-councillor
member fails to apply for one (pay cuts /
restrictions occurring pre 01 04 15)
Renfrewshire Council will
issue a certificate of
protection of pension benefits
if requested by the employee
within twelve months of the
date of reduction. A certificate
may be issued on application
from the member outwith the
12 month period specified in
the regulations if exceptional
circumstances can be proved
such as the employee being
unaware of this facility. Each
case will be considered on its
individual merits by the Chief
Executive in consultation with
the Head of People and OD.

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TABLE 2 
The following table details our discretions in relation to scheme members who ceased
active membership on or after 01 04 09 and before 01 04 15, being discretions under: 
- the Local Government Pension Scheme (Administration) (Scotland) Regulations
2008 [prefix A]
- the Local Government Pension Scheme (Benefits, Membership and Contributions)
(Scotland) Regulations 2008 (as amended) [prefix B]
- the Local Government Pension Scheme (Transitional Provisions) (Scotland)
Regulations 2008 [prefix T]
- the Local Government Pension Scheme (Transitional Provisions and Savings)
(Scotland) Regulations 2014 [prefix TP]
- the Local Government Pension Scheme (Scotland) Regulations 2014 [prefix R]
- the Local Government Pension Scheme (Scotland) Regulations 1998 (as amended)
[prefix L] 
Regulation Discretion Employer’s Policy on the
exercise of this discretion
A42(2) No right to a return of contributions due to
an offence of a fraudulent character or
grave misconduct unless the employer
directs a total or partial refund is to be
made
Renfrewshire Council will not
normally direct a return of
contributions in the event of
an offence of a fraudulent
character or grave
misconduct.
The Chief Executive, in
consultation with the Head of
Human Resources and
Organisational Development
may decide to exercise this
discretion where a sound
business case can be made
for exercising this discretion
and will be considered on a
case-by-case basis.
A43(5) Employer may issue a certificate of
protection where an employee fails to
apply for one.
Renfrewshire Council will
normally issue a certificate of
protection of pension benefits
at the time of the reduction.
A certificate may also be
issued on application from the
member outwith the 12 month
period specified in the
regulations if exceptional
circumstances can be proved
such as the employee being
unaware of this facility. Each
case will be considered on its
individual merits by the Chief
Executive in consultation with
the Head of People and OD.

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A45 (1) & (2) Whether Contribution Equivalent
Premium (CEP) in excess of the Certified
Amount (CA) recovered from a refund of
contributions can be recovered from the
Pension Fund
Renfrewshire Council will
consider each case subject to
individual merits by the Chief
Executive in consultation with
the Head of People and OD.
A66 (2) & (6)
A67 (1) & (2)
Whether to apply for a forfeiture
certificate (where a member is convicted
of a relevant offence) and subsequently
whether to direct that benefits are to be
forfeited.
Renfrewshire Council may
apply for a forfeiture
certificate where a member is
convicted of a relevant
offence and following the
issue of the certificate, direct
that benefits are to be
forfeited. The Chief
Executive, in consultation
with the Head of Human
Resources and
Organisational Development
may decide to exercise this
discretion where a sound
business case can be made
for exercising this discretion
and will be considered on a
case-by-case basis.
A68(2) Whether to recover from the fund any
monetary obligation or, if less, the value
of the member’s benefits (other than
transferred in pension rights or AVCs /
SCAVCs) where the obligation was as a
result of a criminal, negligent or
fraudulent act or omission in connection
with the employment and as a result of
which the person has left the
employment.
Renfrewshire Council may
recover from the Strathclyde
Pension Fund the amount of
loss in cases of criminal,
negligence or fraudulent acts
by a member.
The Chief Executive, in
consultation with the Head of
Human Resources and
Organisational Development
may decide to exercise this
discretion where a sound
business case can be made
for exercising this discretion
and will be considered on a
case-by-case basis.
A70(2) & (3) Whether to recover from the fund any
financial loss caused by fraudulent
offence or grave misconduct of an
employee(who has left because of that)
or amount of refund if less
Renfrewshire Council may
recover from Strathclyde
Pension Fund the amount of
loss caused by fraudulent
offence or grave misconduct
of an employee/member who
has left the Council for this
reason, or the amount of
refund if less.
The Chief Executive, in
consultation with the Head of

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Human Resources and
Organisational Development
may decide to exercise this
discretion where a sound
business case can be made
for exercising this discretion
and will be considered on a
case-by-case basis.
B11(2) Whether to allow a member to select a
final pay period for fees to be any three
consecutive years ending with 31st March
in the 10 years prior to leaving.
Renfrewshire Council will
normally select the best of the
last three years ending with
31st March and this will be
considered on a case-by-
case basis by the Chief
Executive in consultation with
the Head of People and OD.
B30(2)* Whether to grant application for early
payment of benefits on or after age 50/55
and before age 60
Renfrewshire Council will not
have a general policy of
granting early payment of
benefits on or after age 50/55
and before age 60 but will
consider requests on a case
by case basis. Renfrewshire
Council may exercise this
discretion where a sound
business case can be made
for doing so or where other
exceptional circumstances
arise that make payment of
those benefits justifiable and
each case will be considered
on its individual merits by the
Chief Executive in
consultation with the Head of
People and OD.

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TABLE 3 
The following table details our discretions under the Local Government Pension
Scheme
(Scotland) Regulations 1998 (as amended) in relation to pre 01 04 09 scheme leavers. 
Regulation Discretion Employer’s policy on the
exercise of this discretion
30(2)* Grant application from a post
31 03 98 / pre 01 04 09 leaver
for early payment of benefits on or
after age 50 and before age 60
Renfrewshire Council will not
have a general policy of
granting early payment of
benefits on or after age 50/55
and before age 60 but will
consider requests on a case
by case basis. Renfrewshire
Council may exercise this
discretion where a sound
business case can be made
for doing so or where other
exceptional circumstances
arise that make payment of
those benefits justifiable and
each individual case will be
considered by the Chief
Executive in consultation with
the Head of HR and
Organisational Development.
30 (5)* Waive, on compassionate grounds, the
actuarial reduction applied to benefits
paid early for a post
31 03 98 / pre 01 04 09 leaver Note: any
resultant strain cost from the exercise
of this discretion will be charged to the
employer regardless of the member’s
age at date of retirement
Renfrewshire Council may
waive, in whole or in part, the
actuarial reduction on the
benefits paid on flexible
retirement where the sound
business case for granting
payment of benefits on
flexible retirement in 30(2)*
above includes such a
recommendation. Each
individual case will be
considered by the Chief
Executive in consultation with
the Head of HR and
Organisational Development.
30 (7A)* Pre 01 04 09 optants out only to get
benefits paid from NRD if employer
agrees
Renfrewshire Council will not
have a general policy to
exercise this discretion but
may do so and the Chief
Executive in consultation with
the Head of People and OD
will consider each individual
case.
33 (1)(b) Decide, in the absence from a post 31 03
98 / pre 01 04 09 leaver of an election
Renfrewshire Council will not
have a general policy to

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from
the member within 3 months of being able
to elect, which benefit is to be paid where
the member would be entitled to a
pension or retirement grant under 2 or
more regulations in respect of the same
period of Scheme membership
exercise this discretion but
may do so and the Chief
Executive in consultation with
the Head of People and OD
will consider each individual
case.
70(7)(a) Consent to a member’s former employer
assigning to the new employer rights
under any SCAVC life assurance policy
Renfrewshire Council will not
have a general policy to
exercise this discretion but
may do so and the Chief
Executive in consultation with
the Head of People and OD
will consider each individual
case.
87 (2) No right to return of contributions due to
offence of a fraudulent character unless
employer directs a total or partial refund
is to be made (pre 01 04 09 leavers)
Renfrewshire Council will not
normally direct a return of
contributions in the event of
an offence of a fraudulent
character or grave
misconduct.
The Chief Executive, in
consultation with the Head of
Human Resources and
Organisational Development
may decide to exercise this
discretion where a sound
business case can be made
for exercising this discretion
and will be considered on a
case-by-case basis.
91 Contribution Equivalent Premium (CEP)
in excess of the Certified Amount (CA)
recovered from a refund of contributions
can be recovered from the Pension Fund
(pre 01 04 09 leavers)
Renfrewshire Council will not
have a general policy to
exercise this discretion but
may do so and the Chief
Executive in consultation with
the Head of People and OD
will consider each individual
case.
111(2) &(5)
112(1)
Forfeiture of pension rights on issue of
Secretary of State’s certificate
(pre 01 04 09 leavers) 
Where forfeiture certificate is issued,
direct interim payments out of Pension
Fund until decision is taken to either
apply the certificate or to pay benefits
(pre 01 04 09 leavers)
Renfrewshire Council may
apply for a forfeiture
certificate where a member is
convicted of a relevant
offence and following the
issue of the certificate, direct
that benefits are to be
forfeited. The Chief
Executive, in consultation
with the Head of Human
Resources and
Organisational Development

Page 17

may decide to exercise this
discretion where a sound
business case can be made
for exercising this discretion
and will be considered on a
case-by-case basis.
113(2) Recovery from Fund of monetary
obligation owed by former employee or, if
less, the value of the member’s benefits
(other than transferred in pension rights)
(pre 01 04 09 leavers)
Renfrewshire Council may
seek recovery from
Strathclyde Pension Fund in
these circumstances provided
that other means of recovery
have been exhausted. Each
case will be considered on its
individual merits by the Chief
Executive in consultation with
the Head of HR and
Organisational Development.
115(2) & (3) Recovery from Fund of financial loss
caused by employee, or amount of refund
if less (pre
01 04 09 leavers)
Renfrewshire Council may
seek recovery from
Strathclyde Pension Fund in
these circumstances provided
that other means of recovery
have been exhausted. Each
case will be considered on its
individual merits by the Chief
Executive in consultation with
the Head of People and OD.

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TABLE 4 
The following table details our discretions under the Local Government Pension
Scheme
(Scotland) Regulations 1987 (as amended) in relation to pre 01 04 98 scheme leavers. 
Regulation Discretion Employer’s policy on the
exercise of this discretion
E2(6)(b) Grant application from a pre 01 04 98
leaver
for early payment of benefits on or
after age 50 and before age 60
Renfrewshire Council will not
have a general policy of
granting early payment of
benefits on or after age 50/55
and before age 60 but will
consider requests on a case
by case basis. Renfrewshire
Council may exercise this
discretion where a sound
business case can be made
for doing so or where other
exceptional circumstances
arise that make payment of
those benefits justifiable.
Each individual case will be
considered by the Chief
Executive in consultation with
the Head of HR and
Organisational Development. 
TABLE 5 
The following table details our discretions under the Local Government (Discretionary
Payments and Injury Benefits) (Scotland) Regulations 1998 (as amended) 
D 4 (1) Power to increase statutory redundancy
payments above statutory weekly pay
limit
Renfrewshire Council has
authorised the Chief
Executive, in consultation with
the Head of Human
Resources and Organisational
Development to base
redundancy payments on
actual weekly pay.
D 8(1) Decision on whether to award
compensatory added years to an
individual on retirement on efficiency /
redundancy Grounds
Renfrewshire Council has
authorised the Chief
Executive, in consultation with
the Head of Human
Resources and Organisational
Development to award up to
maximum of 4 years to be
added to pension benefits
only on the grounds of
efficiency. The number of

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added years awarded will be
dependent on an employee’s
age, length of pensionable
service and financial
implications to the Council.
D 35 Decision to award up to 104 weeks
compensation instead of compensatory
added years
Renfrewshire Council has
authorised the Chief
Executive, in consultation with
the Head of Human
Resources and Organisational
Development, to award up to
30 weeks compensation for
termination on the grounds of
voluntary
redundancy/voluntary early
retirement in a redundancy
situation. The compensatory
award will be dependent on
an employee’s age, length of
service and financial
implications to the Council.
This payment does not apply
on the grounds of efficiency
where compensatory added
years are awarded. 
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