DH Letter - Local Government Association
To: All Chief Executives of local authorities All Chief Executives of primary care trusts
Wellington House 133-155 Waterloo Road London SE1 8UG
cc: HR Directors in local authorities HR Directors in primary care trusts Gateway reference number 18577
Local Government House Smith Square London SW1P 3HZ
20 December 2012 Dear Colleague, PUBLIC HEALTH TRANSFER TO LOCAL GOVERNMENT – TREATMENT OF PENSIONS POST 1 APRIL 2013 On 17 May, the Department of Health and the Local Government Association (LGA) were pleased to confirm that staff performing public health functions who have access to the NHS Pension Scheme on 31 March 2013 should retain this access, on transfer from primary care trusts to local authorities.1 Since then, a partnership working group has been meeting to consider pension provision after 1 April 2013, for these staff who then subsequently move posts and also for new starters to local authorities. The options and implications are complex and the discussions have involved the LGA, the Department, the Department for Communities and Local Government, HM Treasury and both local government and health trade unions. We are now pleased to be able to confirm the following agreements: all transferring staff will retain access to the NHS Pension Scheme (NHSPS) if they are then compulsorily moved to another post within the same local authority and remain in direct local authority employment; transferring ‘public health professionals’ and staff in the 1995 section of the Scheme within 10 years of their normal pension age of 55 or 60 as at 1 April 2012 and those covered by tapering protection will retain access to the 1
Public Health Transfer to Local Government – Treatment of Pensions, DH Gateway Reference 17531
1
NHSPS if they make a voluntary move to another public health post within the same local authority; all other transferring staff who do not fall within the categories above, will join the Local Government Pension Scheme (LGPS) if they move posts voluntarily after transfer; local authorities, as employers, can decide whether to apply for a directions order to allow continued access to the NHSPS for public health professionals and staff nearing retirement where they recruit “new joiners” to public health roles who already have access to the NHSPS. These staff could be recruited from the NHS, another local authority or elsewhere. The above agreements are designed to focus on specific roles transferring to local government which are likely to: o require specific public health skills and experience; o be largely NHS facing; and o be appropriate for staff whose careers are likely to move around the public health system. They also define who will fall into the category of staff nearing retirement to provide certainty for them and enable clear financial planning for the NHSPS and local authorities. The Concordat Steering Group has undertaken a consultation and been carrying out detailed work on the technical aspects of this agreement with employers, trade unions and public health staff. Work is ongoing in relation to the definition of “public health professionals” for pension purposes and we will be issuing further technical guidance as soon as possible in the new year. The above agreements are designed as far as possible to enable the easy movement of staff around the public health system and assist local authorities in recruiting specifically qualified public health staff. Both the NHSPS and the LGPS form a valuable part of the pay and rewards package for employees. We are of course aware that individual members of staff and employers will wish to understand the implications of these agreements in more detail and so we are developing a set of explanatory “frequently asked questions” which will include more detailed definitions and will be published early next year.
2
The NHS Business Services Authority will also be publishing some practical guidance on the technical application of the NHS pension scheme. This will be available in early January 2013. Yours sincerely
Duncan Selbie Chief Executive Public Health England
Carolyn Downs Chief Executive Local Government Association
3
Wellington House 133-155 Waterloo Road London SE1 8UG
cc: HR Directors in local authorities HR Directors in primary care trusts Gateway reference number 18577
Local Government House Smith Square London SW1P 3HZ
20 December 2012 Dear Colleague, PUBLIC HEALTH TRANSFER TO LOCAL GOVERNMENT – TREATMENT OF PENSIONS POST 1 APRIL 2013 On 17 May, the Department of Health and the Local Government Association (LGA) were pleased to confirm that staff performing public health functions who have access to the NHS Pension Scheme on 31 March 2013 should retain this access, on transfer from primary care trusts to local authorities.1 Since then, a partnership working group has been meeting to consider pension provision after 1 April 2013, for these staff who then subsequently move posts and also for new starters to local authorities. The options and implications are complex and the discussions have involved the LGA, the Department, the Department for Communities and Local Government, HM Treasury and both local government and health trade unions. We are now pleased to be able to confirm the following agreements: all transferring staff will retain access to the NHS Pension Scheme (NHSPS) if they are then compulsorily moved to another post within the same local authority and remain in direct local authority employment; transferring ‘public health professionals’ and staff in the 1995 section of the Scheme within 10 years of their normal pension age of 55 or 60 as at 1 April 2012 and those covered by tapering protection will retain access to the 1
Public Health Transfer to Local Government – Treatment of Pensions, DH Gateway Reference 17531
1
NHSPS if they make a voluntary move to another public health post within the same local authority; all other transferring staff who do not fall within the categories above, will join the Local Government Pension Scheme (LGPS) if they move posts voluntarily after transfer; local authorities, as employers, can decide whether to apply for a directions order to allow continued access to the NHSPS for public health professionals and staff nearing retirement where they recruit “new joiners” to public health roles who already have access to the NHSPS. These staff could be recruited from the NHS, another local authority or elsewhere. The above agreements are designed to focus on specific roles transferring to local government which are likely to: o require specific public health skills and experience; o be largely NHS facing; and o be appropriate for staff whose careers are likely to move around the public health system. They also define who will fall into the category of staff nearing retirement to provide certainty for them and enable clear financial planning for the NHSPS and local authorities. The Concordat Steering Group has undertaken a consultation and been carrying out detailed work on the technical aspects of this agreement with employers, trade unions and public health staff. Work is ongoing in relation to the definition of “public health professionals” for pension purposes and we will be issuing further technical guidance as soon as possible in the new year. The above agreements are designed as far as possible to enable the easy movement of staff around the public health system and assist local authorities in recruiting specifically qualified public health staff. Both the NHSPS and the LGPS form a valuable part of the pay and rewards package for employees. We are of course aware that individual members of staff and employers will wish to understand the implications of these agreements in more detail and so we are developing a set of explanatory “frequently asked questions” which will include more detailed definitions and will be published early next year.
2
The NHS Business Services Authority will also be publishing some practical guidance on the technical application of the NHS pension scheme. This will be available in early January 2013. Yours sincerely
Duncan Selbie Chief Executive Public Health England
Carolyn Downs Chief Executive Local Government Association
3
