Issue details

Annual Pay Policy and Pension Discretions (LGPS)

The publication of the Annual Salary Statement is a statutory requirement under Section 38 (1) of the Localism Act 2011. If Council does not approve the Salary Statement then the Council will be in breach of the legislation.

Under the current Pensions Regulations, Torbay Council is able to exercise a range of discretions in regard to how the Local Government Pension Scheme (LGPS) is applied to its employees who are members of the Scheme. The Employers Pensions Discretions must be reviewed and approved by Council annually in line with Local Government Pension Scheme regulations.

Decision type: Key

Reason Key: High level of public interest;

Decision status: Recommendations Approved

Wards affected: (All Wards);

Notice of proposed decision first published: 12/01/2024

Decision due: 13 Feb 2024 by Cabinet

Decision due: 22 Feb 2024 by Council

Lead member: Cabinet Member for Housing and Finance

Lead director: Director of Corporate Services

Contact: Jo Sandbrook Email: jo.sandbrook@torbay.gov.uk.

Consultation process

Trade Unions representing staff within Torbay Council will be consulted at Joint Consultative meetings

Consultees

Torbay Council employees, including all employees who are members of the Local Government Pension Scheme.

Reason for inclusion in Forward Plan: Transparency provided with the publication of this document under the Localism Act 2011 and Local Government Pension Scheme Regulations.

Key Risks: Non-Compliance with Section 38 (1) of Localism Act 2011, please see above. It is currently not determined as to whether there would be a financial penalty for non-compliance with the Localism Act however, under employment law non-compliance could result in heavy penalties for the Council (e.g. Equal pay and discrimination claims).

If you want to make representations contact:: Matthew Fairclough-Kay, Director of Corporate Services, Torbay Council, Town Hall, Castle Circus, Torquay, TQ1 3DR, email matthew.fairclough-kay@torbay.gov.uk, telephone (01803) 207449.

Decisions