Part JDecisions and Appeals

Decisions as to status of employeesJ2

1

A LGPS employer shall decide in relation to each of its employees who is a member—

a

whether he is an officer or a manual worker,

b

whether he is a whole-time, a variable-time or a part-time employee, and whether his employment is of a casual nature,

c

which of his emoluments are remuneration on which contributions are payable, and

d

if he is a part-time employee—

i

the proportion which his contractual minimum hours of employment in each week bear to those of a comparable whole-time employment, and

ii

if paragraph (4)(iii) of regulation B3 applies to his contractual hours, the average number of those hours for the purposes of that paragraph.

2

In relation to any employment in which a person is a member, the Committee is to decide—

a

what previous service or employment (if any) he is entitled to count as a period of membership or a period to which Part II of Schedule B1 applies,

b

whether any, and if so what, periods of service as a part-time employee are included in such a period,

c

what proportion of whole-time service his service during any such period represents,

d

whether a payment in lieu of contributions has been made or equivalent pension benefits have been assured under Part III of the Insurance Act in respect of any period of non-participating employment,

e

what rate of contribution the employee is liable to pay to the fund,

f

whether he is entitled to count as a period of membership—

i

any, and if so how many, added years, or

ii

any, and if so what, additional period, and

g

whether for the purposes of Schedule C4 he is a Class A member, a Class B member or a Class C member (within the meaning of that Schedule).

3

The questions specified in paragraph (1) shall be decided as soon as is reasonably practicable after—

a

the person becomes a member, or

b

any change occurs in the number of the member’s regular or usual hours of employment, or

c

any other material change occurs in or in relation to the employment.

4

The questions specified in paragraph (2) shall be decided as soon as is reasonably practicable after the person becomes a member of the Scheme in respect of the relevant employment.