Under the LGPS regulations, there are separate responsibilities and discretions for the Administering Authority and Employing Authorities. It is a statutory requirement for both bodies to formulate, publish and review their discretionary functions.
Each Employing Authority must prepare a Written Statement of its policies in relation to its discretionary functions under the applicable Scheme Regulations.
The statement must be published and issued to each of your scheme members, and must then be in motion for a period of 30 Days before you can exercise these policies. Please note that copies of your policies must be forwarded to the Dyfed Pension Fund.
As the Employing Authority, you must:
- Keep your statement under review; and
- Make appropriate revisions following a change in your policy.
Should you decide to amend your policies, a revised statement must be published within One Month of the date of revision and sent to all scheme members. A copy must also be sent to the Dyfed Pension Fund.
In formulating or amending your policy statement, you must have regard to the extent to which the exercise of any of the functions in accordance with your policy, could lead to a serious loss of confidence in the public service.
When exercising your discretionary powers, you must ensure that:
- You have acted reasonably.
- There is no ulterior motive.
- All relevant factors have been considered; and
- The decision has been properly recorded.
For a list of the Discretions available to Employing Authorities under the LGPS Regulations, or if you wish to discuss this matter further, please contact the Dyfed Pension Fund.