Local Government Pension Scheme · CAS-38916-T6Z7

CAS-38916-T6Z7

Ombudsman’s Determination Applicant Mr N

Scheme Local Government Pension Scheme

Respondent Nottinghamshire County Council (NCC)

Outcome

Complaint summary

Background information, including submissions from the parties Relevant extracts from The Local Government Pension Scheme Regulations 2013 (SI 2013/2356) (the 2013 Regulations), are provided in Appendix 1. Subsequent reference to regulations in this Opinion are to regulations in the 2013 Regulations.

In 2005, Mr N obtained full-time employment with NCC and joined the Nottinghamshire Pension Fund (the Fund), which is part of the Scheme. NCC is the administering authority for the Fund.

In November 2012, Mr N was employed by Nottingham Trent University (NTU) as a Table Tennis Coach. As relevant, the terms and conditions of his employment state:

“1 APPOINTMENT

1.1 Your appointment is on an ‘open ended’ contract.

…

3. DUTIES AND HOURS OF WORK

3.1 There are no normal or guaranteed hours of work under this Agreement. Discreet pieces/programmes of work may be offered to you where a

1 CAS-38916-T6Z7 resourcing need is identified. The offer of work will be made in writing and will confirm the duration and times of work and your line manager…

3.2 Your duties will be particular to any programme/piece of work offered to you.

3.3 You may be required to undertake work at any of the levels identified in Appendix A, subject to you being appropriately experienced, skilled and qualified. The level you will be engaged at will be determined locally by your line manager.

4 REMUNERATION

4.1 The roles of Instructor and Coach have been evaluated at grades C to G. The salaries are shown in Appendix A, together with the market rate supplement and total hourly rate.”

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1 6 years + (80/365 days). 2 3 years + (267/365 days).

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3 Career average revalued earnings – based on salary for each year in Scheme.

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In January 2018, NCC obtained from NTU a schedule detailing Mr N’s hours of work and pay rates for tax years 2012/13 to 2015/16. This showed paid hours for Coach Level 2 and Coach Level 3 and no paid hours for Coach Level 1 (see Appendix 2).

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• “The pension scheme enables and allows employees in the scheme to receive an increased pension from increased pay levels, promotion, pay awards, re[-]gradings etc.” NCC’s response does not recognise this and only wants to highlight no loss in his future pension.

• NCC has not proven its actions in their response to his complaint. It should reinstate the 6 years and 80 days service credit with FTE pay of £54,912.29.

Mr N has provided his NTU timesheets and payslips. Extracts from the former are provided in Appendix 3.

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Adjudicator’s Opinion

The Adjudicator noted the complaint that TPO had accepted for investigation was against NCC, not NTU. The Adjudicator set aside Mr N’s comment that NTU incorrectly coded nine hours of his coaching work in 2013, as TPO could not consider accepting a complaint against NTU until he had first raised it with NTU.

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Mr N’s transfer-in was received by the Fund at some time prior to April 2013.

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Mr N said maladministration by NCC was confirmed with reference to time delays, losing information, ignoring his letters, providing inaccurate information, making decisions without contacting him and being rude to him “wanting my cake and eat it”. He said NCC should pay him £4,000 compensation for distress and inconvenience caused.

Both NCC and Mr N have disagreed with the Adjudicator’s Opinion on the level of redress for non-financial loss. NCC considers it to be disproportionate to the complaint. NCC believes consideration should be given to the service Mr N has had in the Fund, and the contributions paid, in total £106. It says an award of £500 would be a significant percentage return on the amount contributed into the fund, along with no loss of benefits. It says Mr N’s only loss is one of disappointment that he could not secure the higher amount of service to which he was not entitled. Mr N says the way

4 https://www.pensions-ombudsman.org.uk/publication/redress-non-financial-injustice

12 CAS-38916-T6Z7 he was treated by NCC and the reduction of years of service caused him serious distress and inconvenience.

Mr N’s complaint was passed to me to consider. I agree with the Adjudicator’s Opinion and note the additional points respectively raised by NCC and Mr N.

Ombudsman’s decision

I uphold Mr N’s complaint in part.

Directions

Anthony Arter CBE

Deputy Pensions Ombudsman 19 February 2024

13 CAS-38916-T6Z7 Appendix 1 Extracts from The Local Government Pension Scheme Regulations 2013 (as amended)

1. As relevant, regulation 23, ‘Active member’s pension accounts’ provides: “…(6) Other than to correct an error in a pension account, a pension account adjustment can only arise as a consequence of— …”

2. As relevant, regulation 24, ‘Deferred member’s pension account and deferred refund account’, provides:

“… (10) Other than to correct an error in a deferred member's pension account, the only pension account adjustment that can arise under this regulation is an adjustment as a consequence of a matter specified in regulation 23(6) (adjustments to active member's pension accounts).”

3. As relevant, regulation 100, ‘Inward transfers of pension rights’, provides:

“An active member with relevant pension rights may request the appropriate administering authority to accept a transfer value for some or all of those rights from the relevant transferor.

(2) Relevant pension rights are—

(a) accrued rights under a registered pension scheme…

…

(6) A request from a transferring person under paragraph (1) must be made by notice in writing given to the appropriate administering authority and the Scheme employer before the expiry of the period of 12 months beginning with the date on which the person first became an active member in an employment (or such longer period as the Scheme employer and administering authority may allow).

(7) Where a request under paragraph (1) is duly made, the administering authority may accept the transfer value and credit it to its pension fund.

…”

4. As relevant, regulation 101, ‘Effect of acceptance of transfer value’, provides:

14 CAS-38916-T6Z7 “(1) Where a transfer value has been accepted under regulation 100 (inward transfer of pension rights), the administering authority must credit the active member's pension account with the appropriate amount of earned pension. (2) The appropriate amount of earned pension for the purposes of paragraph (1) is calculated— …in accordance with actuarial guidance issued by the Secretary of State.”

5. Schedule 1, ‘Interpretation’ provides:

“actuarial guidance issued by the Secretary of State” means guidance identified by the Secretary of State as such which has been issued in accordance with regulation 2(3);

6. Regulation 2(3) provides:

“The Secretary of State may, after consultation with the Government Actuary's Department, issue actuarial guidance to administering authorities.”

15 CAS-38916-T6Z7 Appendix 2 NTU Schedule of Mr N’s rates of pay by tax year.

Coach level 1 Coach level 2 Coach level 3

FTE Pay (£) 32,947.38 43,929.84 54,912.29

Tax Year 2015/16 Hours paid Hours paid Hours paid

Apr 2015 0.00 0.00 8.00

Total 0.00 0.00 8.00

Tax Year

2014/15

Mar 2015 0.00 0.00 8.00

Feb 2015 0.00 2.00 6.00

Jan 2015 0.00 2.00 0.00

Dec 2014 0.00 0.00 8.00

Nov 2014 0.00 0.00 8.00

Apr 2014 0.00 0.00 6.00

Total 0.00 4.00 36.00

Tax Year 2013/14

Mar 2014 0.00 0.00 14.00

Feb 2014 0.00 8.00 0.00

Jan 2014 0.00 0.00 2.00

Dec 2013 0.00 1.00 8,00

Nov 2013 0.00 4.00 10.00

Jun 2013 0.00 0.00 1.00

May 2013 0.00 0.00 2.00

3/5/2013 0.00 0.00 1.00

2/4/2013 0.00 0.00 1.50

16 CAS-38916-T6Z7 Total 0.00 0.00 39.50

Tax Year 2012/13

22/3/13 0.00 0.00 1.50

15/3/13 0.00 0.00 1.50

8/3/13 0.00 0.00 1.50

1/3/13 0.00 0.00 1.50

15/2/13 0.00 0.00 1.50

8/2/13 0.00 0.00 1.50

1/2/13 0.00 0.00 1.50

25/1/13 0.00 0.00 1.50

18/1/13 0.00 0.00 1.50

14/12/12 0.00 0.00 1.50

7/12/12 0.00 0.00 1.50

30/11/12 0.00 0.00 3.00

Total 0.00 0.00 19.50

17 CAS-38916-T6Z7 Appendix 3 Extracts from Mr N’s NTU timesheets

Day Activity Hrs Hrs Coaching Week/ending Payroll agreed Level Input Date

24/3/15 Table 2 2 3 29/3/15 1/4/15 Tennis (TT)

17/3/15 TT 2 2 3 22/3/15 1/4/15

10/3/15 TT 2 2 3 15/3/15 1/4/15

3/3/15 TT 2 2 3 8/3/15 1/4/15

24/2/15 TT 2 2 3 1/3/15 5/3/15

17/2/15 TT 2 2 3 22/2/15 25/2/15

10/2/15 TT 2 2 3 15/2/15 25/2/15 3/2/15 TT 2 2 3 27/1/15 TT 2 2 2 1/2/15 7/2/15

20/1/15 TT 2 2 3 25/1/15 27/1/15

13/1/15 TT 2 2 3 18/1/15 26/1/15

6/1/15 TT 2 2 3 11/1/15 26/1/15

2/12/14 TT 2 2 2 7/12/14 22/12/14

25/11/14 TT 2 2 3 30/11/14 2/12/14

18/11/14 TT 2 2 3 23/11/14 25/11/14 4/11/14 TT 2 2 3 11/11/14 TT 2 2 3 16/11/14 19/11/14

28/10/14 TT 2 2 3 2/11/14 5/11/14

21/10/14 TT 2 2 3 26/10/14 27/10/14

14/10/14 TT 2 2 3 19/10/14 21/10/14

7/10/14 TT 2 2 3 12/10/14

28/3/14 TT 2 2 3 30/3/14 2/4/14

18/3/14 TT 2 2 3 23/3/14 1/4/14

11/3/14 TT 2 2 3 16/3/14 1/4/14

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25/2/14 Coaching 2 2 3 2/3/14 4/3/14 23/2/14 Coaching 6 6 3

18/2/14 TT 2 2 3 23/2/14 26/2/14

11/2/14 TT 2 2 3 16/2/14 26/2/14

4/2/14 TT 2 2 3 9/2/14 26/2/14

28/1/14 TT 2 2 3 2/2/14 4/2/14

21/1/14 TT 2 2 3 26/1/14 4/2/14

14/1/14 TT 2 2 3 19/1/14 4/2/14

7/1/14 TT 2 2 3 12/1/14 4/2/14

8/12/13 TT 2 2 3 8/12/13 7/1/14

26/11/13 TT 2 2 3 1/12/13 3/2/13

17/11/13 TT 2 2 3 24/11/13 27/11/13

12/11/13 TT 2 2 3 17/11/13 27/11/13

5/11/13 Essential 1 1 2 10/11/13 27/11/13 Club 2 2 3 29/10/13 Essential 1 1 2 3/11/13 6/11/13 Club 2 2 3 22/10/13 Essential 1 1 2 27/10/13 28/10/13 Club 2 2 3 15/10/13 Essential 1 1 2 20/10/13 28/10/13 Club 2 2 3 8/10/13 Club 2 2 3 13/10/13 28/10/13

1/10/13 TT 2 2 3 6/10/13 28/10/13

14/5/13 TT 1 1 3 19/5/13 7/6/13

7/5/13 TT 1 1 3 12/5/13 14/5/13

30/4/13 TT 1 1 3 28/4/13 9/5/13

23/4/13 TT 1 1 3 28/4/13 30/4/13

19/3/13 TT 1.5 1.5 3 24/3/13 25/3/13

12/3/13 TT 1.5 1.5 3 17/3/13 18/3/13

19 CAS-38916-T6Z7 5/3/13 TT 1.5 1.5 3 10/3/13 11/3/13

26/2/13 TT 1.5 1.5 3 3/3/13 4/3/13

19/2/13 TT 1.5 1.5 3 24/2/13 26/2/13

5/2/13 TT 1.5 1.5 3 10/2/13 11/2/13

28/1/23 TT 1.5 1.5 3 3/2/13 4/2/13

22/1/13 TT 1.5 1.5 3 27/1/13 28/1/13

15/1/13 TT 1.5 1.5 3 20/1/13 21/1/13

8/1/13 TT 1.5 1.5 3 13/1/13 14/1/13

4/12/12 TT 1.5 1.5 3 9/12/12 11/12/12

27/11/12 TT 1.5 1.5 3 2/12/12 3/12/12

20/11/12 TT 1.5 1.5 3 25/11/12 27/11/12

13/11/12 TT 1.5 1..5 3 18/11/12 27/11/12

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