Information for New Employers
Introduction
All employers in the LGPS are categorised by one of the titles below; the admission requirements and procedures will vary depending on with category they fall into.
1. Scheduled Bodies
Scheduled bodies have an automatic right, and requirement, to be an employer in the LGPS that covers their geographical area. Therefore, scheduled bodies do not need to sign an admission agreement, although it is still important that new scheduled bodies promptly inform us of their creation.
Scheduled bodies are defined in the LGPS Regulations 2008 (Administration) in schedule 2, part 1
Common examples of scheduled bodies are Unitary Authorities, Police and Fire Authorities and Academies.
Further information:
Academies - more detailed information on schools converting to academies can be found by following the link.
Other scheduled bodies - Please contact Andy Cunningham - more contact details can be found at the bottom of this page.
2. Resolution Bodies
Resolution (or designating) bodies have a right to allow some, or all of their staff to become members of the LGPS should the body so wish, subject to the resolution body meeting the requirements of the LGPS Regulations. As appropriate to the bodies' committee structure, a resolution needs to be passed designating certain groups or posts as eligible to join the LGPS. This can be changed at a later date by passing another resolution.
Once a resolution has been passed by an eligible employer, we will determine an employers' contribution rate and meet with the new employer to make sure they are aware of their responsibilities and our procedures.
Resolutions or designating bodies are defined in the LGPS Regulations 2008 (Administration) in schedule 2, part 2
In the Wiltshire Pension Fund, these are typically Town or Parish Councils.
If you wish your town or parish council to resolve to join the LGPS, please contact Andy Cunningham to discuss the matter in greater detail.
3. Admitted Bodies
Admitted Bodies either become members of the LGPS as a result of a TUPE transfer, or following an application to the Fund to become an employer in the scheme. In both cases, their admission is subject to the body meeting the eligibility criteria and an admission agreement being signed by all relevant parties.
a) TUPE Transfer based admissions
The two most common ways that an organisation will become an admitted body in this way is the result of:
i) The creation of a new company or charity from an existing employer (normally a local authority) to be responsible for delivery of some of its services
ii) The outsourcing of a contact from an existing employer (normally a local authority) to an outside organisation such as a charity or private sector organisation.
These bodies have no automatic right of entry, they are required to apply to the Fund to gain admittance, although this will nearly always be accepted subject to the admitted body being willing to sign an admission agreement.
Note: It is important that potential admitted bodies and ceding employers carefully consider the effects of making such a change. Further information on admitted bodies, TUPE and outsourcing can be found by following the link.
b) Non-Tupe transfer based admissions (from a charity or public sector bodies)
Charities or public sector bodies that have a "community of interest" with local government, may apply to become an admitted body in the Wiltshire Pension Fund. These bodies have no automatic right of entry. They are required to apply to the Fund for admittance.
The Wiltshire Pension Fund Committee will make the final decision on admission, assuming the applicant satisfactorily passes the risk assessment set out below:
Risk Assessment
For officers to bring a positive recommendation to Wiltshire Pension Fund Committee, the risk assessment described below needs to yield sufficient satisfaction that the admission of the applicant would not bring significant additional risk to the Fund:
- Does the potential Community Admission Body (CAB) have a guaranteed income stream of over 5 years, sufficient to cover its' projected expenditure after allowing for reasonably foreseeable risks (i.e. higher than expected inflation)?
- Is the guaranteed income stream from a public body?
- If so, who is it?
If there is no guaranteed income stream of over 5 years, is there a local authority that would be prepared to act as a guarantor for the potential CAB?
- Does the organisation have a risk register (compulsory under the Charities SORP) and if so, does it suggest that the organisation understands and knows how to manage its risks?
- Are there any risks apparent that could impact upon their ability to meet the obligations under an Admission Agreement with Wiltshire Pension Fund?
Andy Cunningham, Employer Relationship Manager
Email - andrew.cunningham@wiltshire.gov.uk
Telephone 01225 713612
Wiltshire Pension Fund, Wiltshire Council - Bythesea Road,Trowbridge, Wiltshire, BA14 8JN.
© 2009 Wiltshire Pension Fund.