Meeting documents

Pension Fund Committee
Friday, 21 February 2003

PF210203-18

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ITEM PF18

PENSION FUND COMMITTEE – 21 FEBRUARY 2003

CONTRIBUTIONS PAID TO SECURE WIDOWERS BENEFITS

Report by Director for Business Support & County Treasurer

Introduction

  1. This report concerns nineteen married women employed by the County Council who elected to pay additional contributions between the period April 1993 to 31 March 1998 in order to secure an improved widowers pension for their spouses.
  2. In 1998 the Committee resolved to exercise discretionary powers available within the 1998 Regulations that enable all married women to obtain this benefit at no additional cost to the scheme member. The 1998 Regulations make no provision for the return of contributions to those members who had previously elected to pay for this benefit nor do they offer any general powers to refund contributions.
  3. It was only after some prompting from one of the contributors that the Committee was asked to consider this matter. The Committee considered a report on 22 February 2002, copy attached as Annex 1, which set out four options for dealing with the situation. The Committee agreed option (d), which was to take no further action.
  4. The Committee requested the County Treasurer to contact the contributors to advise them of the decision. Unfortunately, as a result of confusion about who should send this communication, the Committee’s request was not carried out. The contributor referred to in paragraph 3 above subsequently queried the progress on this matter and was told of the Committee’s decision. As a result, the contributor wrote to the Chairman of the Pension Fund Committee (copied to Councillors Margaret Godden and Purse) asking the Committee to reconsider their decision. A copy of this letter has been circulated separately to members of the Committee. The letter states that the Committee had not fully considered the various options available.
  5. The Chairman agreed to the contributor’s request that the Committee should reconsider their decision of 22 February 2002.
  6. The Council’s Pensions Manager met with Councillors Godden and Purse at their request to discuss the letter. The Councillors were concerned that there had been no consultation with the contributors before the previous report. The officers had not considered consulting with contributors because the options were limited and the contributors had no choice in the matter. The Councillors were also interested in what other councils had done. A check was made with the City Council, where there is a single case. The City have taken no action as yet, but will be interested in the outcome of this report. Checks with neighbouring counties have revealed that they have also not taken any action. This would suggest that authorities are only considering this matter if faced with an enquiry from a contributor affected by the change of regulation.
  7. The Options Available

  8. There is little to add to the original report at Annex 1 but the following observations and information may assist the Committee’s deliberations:
  9. Option (a)

    This option is only exercisable for employees that leave the Council’s employment with an immediate payment of pension. It is not available to the ten contributors that had already left when the first report was produced, nor to the three who have left since, nor to any of the remaining six employees who may leave without an immediate pension entitlement. Augmentation may also not be possible in circumstances where the employee is already entitled to a full pension.

    The Pensions Benefits Sub-Committee would need to exercise its discretion to augment the employee’s service at the time of retirement so these decisions would be taken sporadically and potentially over a period of 23 years (i.e. up to 2026, the point at which the youngest of the six remaining employees reaches the age of 60).

    The six remaining employees have paid contributions varying in total from £16.69 to £2150.35. The total received from the contributor referred to above is £219.55p. Tax relief would have been given on the contributions where appropriate.

    The augmentation would be based on the contributions received adjusted for pension fund investment returns. The adjusted contributions would provide an additional annual pension using prevailing annuity rates. For example, contributions of £1,000 would currently equate to an additional annual pension of approx £60 per annum.

    Option (b)

    This provides for discretionary augmentation of a widowers pension. Compensation would be at a similar level as option (a). This option would be subject to the same application and restrictions as outlined above.

    Option (c)

    This is not an option for the reason given in the report at Annex 1.

    Option (d)

    The rationale for this option is that the nineteen contributors had a potential benefit available to them, for the duration of the period they contributed. The benefit was not available to other female contributors and the contributors had the peace of mind that their husbands would receive a full widowers pension in the event of their death. They have therefore received a benefit for the contributions made and in this respect it is no different from contributions paid for term life insurance that may or may not produce a benefit.

    Conclusion

  10. The contributions ceased in 1998 when the Council exercised its discretion to enable women to use pre-1988 service for widowers’ benefits at no additional cost. The nineteen contributors have not been disadvantaged from this point onwards.
  11. During the period that contributions were paid the contributors were entitled to a benefit not otherwise available.
  12. None of the options provide a satisfactory or equitable solution. Option (d) is the only option that provides equal treatment for all of the original nineteen contributors.
  13. RECOMMENDATION

  14. The Committee is requested to reconsider the decision taken at the 22 February 2002 meeting.

CHRIS GRAY
Director for Business Support & County Treasurer

Background papers: Nil

Contact Officer: Jenny Wylie Tel: 01865 815530

February 2003

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