This instruction applies to:- / Reference:-
National Probation Service / PI 44/2014
Issue Date / Effective Date
Implementation Date / Expiry Date
20 January 2015
(Revised) / 1 June 2014 / 31 May 2015
Issued on the authority of / NOMS Agency Board
For action by / All staff responsible for the development and publication of policy and instructions
National Probation Service (NPS)
Instruction type / HR function
For information / All staff
Provide a summary of the policy aim and the reason for its development / revision / The aim of the policy is to inform staff employed in the NPS Directorate of NOMS of the Exit Management arrangements in place and specifically their entitlements on resignation, termination, retirement or a death in service.
Contact / Shared Services HR Contact Centre
' 0845 010 3504
Associated documents / Guidance on undertaking all the requirements contained in this Instruction can be found on the My Services website.
PI 38/2014 Outside Activities
Replaces the following documents which are hereby cancelled: None
Audit/monitoring: NPS senior managers will ensure local records are kept and monitored to demonstrate compliance with the mandatory actions set out in this instruction
Compliance with this Instruction will be monitored by Deputy Directors (DDs) within their Division.
Introduces amendments to the following documents: None
Notes: Update 20 January 2015 - Due to a report from the Public Administration Select Committee into the Business Appointment Rules, the Government has recently published a revised set of Business Appointment Rules as a result amendments have been made to paragraph 6.18.
All Mandatory Actions throughout this instruction are in italics and must be strictly adhered to.
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CONTENTS
Section / Subject / For reference by1 / Executive Summary / All NPS Staff
2 / Resignation
Notice Periods and Notification
Withdrawal of Resignation
Resignation during Sick Absence
Resignation during Maternity, Paternity/Maternity Support and Adoption Leave
Resignation for Domestic or Health Reasons
3 / Termination
4 / Retirement
Scheme Retirement Age (Pension Age)
Notification of Retirement
Flexible Retirement
Early Retirement at the Employee’s Request
Early Retirement through Redundancy or Efficiency
Ill Health Retirement
Late Retirement
Pensions Information
5 / Death of a Member of Staff
6 / Leaver Actions
Annual Leave/TOIL
Recovery of Official Property
Recovery of Outstanding Loans, Advances, Allowances and Overpayments
References
Exit Survey
Employee Responsibilities after leaving
Business Appointment Rules
1. Executive Summary
Purpose and Context
1.1 This Instruction sets out policy and Exit Management arrangements for staff employed in the NPS Directorate of NOMS.
1.2 The aim of this policy is to inform staff of the Exit Management arrangements in place and specifically their entitlements on resignation, termination, retirement, end of a short term appointment or following a death in service. This policy also outlines the actions required for those leaving the organisation.
Desired Outcomes
1.3 This Instruction aims to ensure that exit processes are effectively managed.
Application
1.4 All staff must be familiar with all sections of the exit management policy.
1.5 All line managers are required to read and follow all sections of the Exit Management policy as required.
Mandatory actions
1.6 All actions in this Instruction are mandatory unless otherwise specified and are shown in italics. All levels of management and all employees must ensure that they are aware of these mandatory actions and ensure this policy is implemented and adhered to.
Resource Impact
1.7 It is not anticipated that there will be any direct resource impact resulting from this Instruction.
Advice and Guidance
1.8 Advice and Guidance on the application of this instruction is available from the HR Contact Centre at Shared Services on 0845 010 3504.
(Approved for Publication)
Carol Carpenter
Director of Human Resources, NOMS
2. Resignation
Resignation – Notice Periods and Notification
2.1 Notice must be given in writing to the line manager who must complete and send the appropriate notification (available on My Services) to Shared Services as soon as possible to ensure that adjustments to pay and superannuation can be made, thus preventing under/over payments.
2.2 Notice periods will be in line with the provisions set out in Sections A1 of the National Negotiating Council and Standing Committee for Chief Officer Grades National Agreements on Pay and Conditions of Service.
Withdrawal of Resignation
2.3 Staff do not have a right to withdraw their resignation, although line management will consider any such request sympathetically. Where withdrawal of resignation is accepted by line management, the appropriate notification (available on My Services) must be completed and sent to Shared Services as soon as possible. Where this occurs on or near to the effective date of leaving, line management should contact Shared Services by telephone and then follow up with the completed formal notification the same day.
Resignation during Sick Absence
2.4 An employee who resigns during sick absence or who commences sickness absence during notice of resignation will be allowed paid sickness absence for the period of notice, subject to the normal provisions for the payment of sick pay, and providing the period of sickness absence does not extend beyond the notice period.
Resignation during Maternity, Paternity/Maternity Support and Adoption Leave
2.5 An employee who resigns during a period of maternity, paternity/maternity support, or adoption leave is required to give the period of notice required as set out in Sections A1 of the National Negotiating Council and Standing Committee for Chief Officer Grades National Agreements on Pay and Conditions of Service.
Resignation for Domestic or Health Reasons
2.6 Where it is known that a member of staff feels it necessary to resign for domestic or health reasons that may be considered to be short-term problems, consideration should be given as to whether there are any possible alternatives to resignation available e.g. a working pattern change or period of unpaid absence. Additional support and advice can also be obtained through Occupational Health and/or referral for counselling. Alterations to working patterns and other attendance variations are subject to the normal application and approval procedures.
3. Termination
3.1 The minimum statutory periods of notice that must be given for termination of appointment will be in line with the provisions set out in Sections A1 of the National Negotiating Council and Standing Committee for Chief Officer Grades National Agreements on Pay and Conditions of Service.
3.2 Sections A1 of the National Negotiating Council and Standing Committee for Chief Officer Grades National Agreements on Pay and Conditions of Service also set out the rules for calculating appropriate notice periods.
3.3 There is no automatic right to a period of notice for those staff who are summarily dismissed on disciplinary grounds.
4. Retirement
4.1 This section sets out the arrangements for retirement under the LGPS.
Scheme Retirement Age (Normal Pension Age)
4.2 The scheme retirement age for the Local Government Pension Scheme (LGPS) is known as the Normal Pension Age. From 1 April 2014 the Normal Pension Age is linked to the members’ State Pension Age (but with a minimum of age 65). If a member had benefits built up before 1 April 2014 they will have a different Normal Pension Age.
Staff may choose whether to retire at the Normal Pension Age or to continue working.
If staff choose to retire at their Normal Pension Age, or any time after this, they should complete a form (available on My Services) and submit the notification of retirement form to Shared Services.
4.3 Staff may opt for retirement from age 55 onwards without employer’s consent but the pension benefits will be subject to actuarial reduction.
Greater Manchester Pension Fund (GMPF) will write to members at age 59 to tell them that they can retire from age 60 without NOMS’ consent subject to the appropriate actuarial reduction.
4.4 Further information is available on the Greater Manchester Pension Fund website www.gmpf.org.uk.
Notification of Retirement
4.5 In order to ensure that pension arrangements are made in good time, staff must ensure that they provide at least four months’ notice of their intention to retire, either at the scheme retirement age or any point before or after this. Failure to provide the necessary notification may result in the pension arrangements being delayed.
4.6 A completed retirement notification form (available from My Services) should be sent to Shared Services in order for retirement action to commence.
Flexible Retirement
4.7 Under the LGPS a member can consider the possibility of flexible retirement from age 55. The member would reduce their hours and / or move to a less senior position, and provided the employer agrees,they can draw some or all oftheir pension benefits accrued, subject to actuarial reduction as appropriate. Please note that the NPS will normally require a reduction in hours to be by at least 50% of a member's current working hours.
4.8 The member can still draw their salary from their job at the reduced hours or pay band and continue paying into the LGPS, building up further benefits in the Scheme.
4.9 Staff must have their employer's consent for the payment of their pension benefits under flexible retirement.
4.10 Where staff are interested in applying for flexible retirement, they should discuss this with their line manager (who will liaise with the HR Business Partner as appropriate) as soon as is practicable, to determine whether job reshaping will be possible.
4.11 Staff should complete the flexible retirement application form (available via My Services) and submit it to their line manager for comment.
4.12 The line manager will obtain a quote detailing the ‘pension strain costs’ associated with agreeing the application from the GMPF website.
4.13 The member of staff should obtain an estimate from GMPF.
4.14 The line manager will comment or recommend approval or otherwise of the application and submit the form to a relevant senior manager within the line for countersignature who will then submit the form to Shared Services.
4.15 Shared Services will log the application, prepare and submit the case to the LGPS Sub Committee Panel in NOMS for consideration.
4.16 The Panel will consider the application and make a decision.
4.17 Shared Services will notify the decision to the member of staff and line manager and if approved submit the case to GMPF for processing.
4.18 If the application is rejected the applicant has a right of complaint via the LGPS Internal Dispute Resolution Procedure (IDRP) process which is set out for the individual in the decision letter.
4.19 The IDRP process allows LGPS members to raise complaints in respect of any decisions (rejections) made that have a detrimental effect on the future of their pension or on grounds of maladministration from the employer or GMPF i.e. Ill Health Retirement, Flexible Retirement and Early Retirement rejections or incorrect assessment of pension contributions banding. There are three stages to the IDRP process:
Stage One: Will be considered by NOMS.
Stage Two: Will be considered by the GMPF.
Stage Three: Will be considered by the Pensions Ombudsman.
Early Retirement at the Employee’s Request
4.20 Under the LGPS early retirement before Normal Pension Age is available but a member may need their employer’s permission and their benefits will normally be reduced to take account of their being in receipt of pension benefits than would otherwise have been the case. How much their benefits are reduced depends on how early the member draws their benefits – how early they retire.
4.21 Early retirement has a significant impact on pension benefits and so any members of staff considering making an application should ensure they understand the full impact on current and future pension entitlement.
4.22 Please refer to My Services for more information.
4.23 If a member chooses to apply for early retirement they should complete the appropriate form (available on My Services) and submit it to Shared Services for processing.
Early Retirement with reductions waived (Employer’s Consent)
4.24 Please refer to the NOMS/NPS LGPS Discretions Policy Statement for more information. This is available via My Services.
Early Retirement through Redundancy or Efficiency
4.25 If NOMS makes an LGPS member redundant, or retires them in the interests of business efficiency and the individual is aged 55 or over, their benefits are payable immediately, without reduction.
4.26 Please refer to the NOMS LGPS Discretions Policy Statement for more information on the employer’s position on any associated discretions. This is available via My Services.
Early Retirement on the Ground of Ill health
4.27 Under the LGPS if a member is no longer capable of discharging their responsibilities due to ill health, they may qualify for immediate payment of their benefits subject to supporting opinion froman independent occupational health physician that the member will be permanently unable to do their job and that they have a reduced likelihood of being capable ofgainful employment before Normal Pension Age. The decision that, for example, the individual is permanently incapable of discharging their responsibilities sits with the employer.
4.28 There aregraded levels of benefit based on how likely the individual is to be capable ofgainful employment after they leave.
The different levels of benefit are:
· Tier One - No reasonable prospect of being capable ofgainful employment before Normal Pension Age, ill health benefitsarebased onthe membership the individual would have had if they had stayed in the Scheme until age 65.
· Tier Two - Unlikely to be capable ofgainful employment within 3 yearsof leaving, but the individual may be capable of doing so before Normal Pension Age thenill health benefits arebased on their membership built up to leaving plus 25% of their prospective membership from leaving to Normal Pension Age.
· Tier Three - Likely to be capable ofgainful employment within 3 yearsof leaving,or before Normal Pension Age if earlier, ill health benefits are based on the individual’s membershipat leaving.A review will be undertaken at 18 months. Shared Services on NOMS behalf will write to the individual to ascertain whether they have gained employment or are still unlikely to be capable of gainful employment within three years. The onus is on the individual to inform the employer if they are ingainful employment or become capable ofsuch employment.If the payment is stopped it will normally become payable again from Normal Pension Age but there are provisions to allow it to be paid earlier. Details would be provided at the time.