Eligibility of Casual Employees
Applicable to all types of employers (Scheduled Bodies, Resolution and Admitted Bodies)
‘Casual employee’: An employee who does not have a fixed term or permanent contract that requires them to work a certain number of hours.
Eligibility of casuals for those who joined after 1 April 2008
- Where there is a mutuality of obligation contract that is for a fixed term of 3 months or more or is open ended, the employee will be eligible for participation in the LGPS*.
- Where there is a lack of mutuality of obligation, a contract of employment can only exist when work is offered by the employer and is accepted by the employee and any such casuals will not be eligible for membership of the LGPS (unless they are offered and accept work every day for at least 3 months)
Note: *This essentially means that the employer is obliged to offer a certain amount of work and the employee is obliged to accept a certain amount of work during a timeframe defined by the employer.
Eligibility of casuals who joined on or before 1 April 2008
- Casual members where there was, on 31 March and 1 April 2008, a mutuality of obligation would remain in the Scheme (regardless of whether or not they actually worked on 1 April and/or 31 March).
- Casual members where there was no mutuality of obligation and who were not offered, or were offered but did not accept, work on 31 March 2008 would cease to be active members of the Scheme from 1 April 2008.
- Casual members where there was no mutuality of obligation but who were offered and accepted work on 31 March 2008 would remain in the Scheme only for so long as there was no break in service i.e. they will cease to be active members of the Scheme on the first day on or after 1 April 2008 when they are either not offered, or are offered but do not accept, work.
Thereafter, any of those casuals who are removed from the Scheme, together with any new casual employees, will only be able to be scheme members if they enter into a mutual obligation casual contract for at least 3 months (or have no mutuality of obligation but are offered and accept work every day for at least 3 months or they are able to succeed with the argument referred to at paragraphs 18 and 19).
If you have been deducting contributions from someone who was ineligible for the scheme since 1 April 2008, please contact us.
If you need further clarification regarding the situation for casuals please contact us at pensionenquiries@wiltshire.gov.uk or telephone 01225 713613.
Wiltshire Pension Fund, Wiltshire Council - Bythesea Road,Trowbridge, Wiltshire, BA14 8JN.
© 2009 Wiltshire Pension Fund.