LGPS (Administration) Regulations 2013 Equality Impact Assessment

Name of policies to be assessed

LGPS (Administration) Regulations 2013 - Discretionary Decisions by Colchester City Council

1. What is the main purpose of the policy?

Under the Local Government Pension Scheme (LGPS) Regulations 2013 effective from 01 April 2014, all employers participating in the LGPS are required to prepare and publish a written statement on how they will exercise the various discretions provided by LGPS 2014, LGPS 2008, LGPS 1997, Compensation and Injury Allowances Regulations.

2. What main areas or activities does the policy cover? 

We support the LGPS pension scheme and it forms an important part of the package of benefits that assists us in attracting and recruiting staff and enabling them to save for their retirement. We also recognise that the discretions around flexible retirement are a valuable tool both to the employee and to the employer in retaining key skills in the workforce and managing transition. 

We are however mindful of the costs of the LGPS and therefore the employer decisions adopt a principle of not incurring additional costs to us. Exceptions to this relating to early retirement and flexible retirement are set out in our retirement policy which sets out the business case criteria to be complied with, and authorisation levels.

3. Are there changes to an existing policy being considered in this assessment?

The ability for LGPS members of staff to take part in a shared cost additional voluntary contribution arrangement. The current policy does not allow for this.

4. Who are the main audience, users or customers who will be affected by the policy?

Staff who are members of the LGPS.

5. What outcomes does the council want to achieve from the policy?

The amendment will allow the ability to offer staff who are members of the LGPS with the opportunity to be part of a shared cost additional voluntary contribution arrangement if they wish to participate.

6. Are other service areas or partner agencies involved in delivery?

Essex Pension Fund and AVC Wise via Prudential and Standard Life.

7. Relevant information, data, surveys or consultations

The following relevant information, data, surveys or consultations help us assess the likely or actual impact of the policy upon customers or staff.

A number of local authorities have a contract with AVC Wise via a direct award through the Salary Sacrifice AVC framework which enables UK local government and wider public sector customers to enter a contract with AVC Wise. This is a single supplier framework which allows us to award a call-off contract without competition.

8. The ‘general duty’

The ‘general duty’ states that we must have “due regard” to the need to:

1. eliminate unlawful discrimination, harassment and victimisation
2. advance equality of opportunity between people who share a ‘protected characteristic¹’ and those who do not²
3. foster good relations between people who share a protected characteristic and those who do not³

Not all policies help us to meet the ‘general duty’, but most do.

This policy helps us to meet the ‘general duty’ by:

• setting out our policy on how we will exercise the various discretions provided by LGPS 2014, LGPS 2008, LGPS 1997, Compensation and Injury Allowances Regulations The policy affects all staff regardless of protected characteristics who are members of the LGPS
• being open to all staff who are members of the LGPS
• being available to all staff who participate in the LGPS
• being a benefit for staff and can be a way to attract and retain staff at the council.

9. Disproportionate impacts

This section helps us to identify any disproportionate impacts. We will indicate whether the policy is likely to particularly benefit or disadvantage any of the 'protected characteristics'.

Age - older people (60+) and younger people (17-25) and children (0-16)

Positive impact

LGPS is available to all staff to join from age 16 upwards.

Negative impact - older people (60+)

Employees who recieve less than the National Minimum Wage following necessary deductions are not permitted to opt into SCAVC. 

Negative impact - younger people (17-25) and children (0-16)

We do not employ staff under the age of 16. Employees who recieve less than the National Minimum Wage following necessary deductions are not permitted to opt into SCAVC.

Disability – physical, sensory, learning, mental health issues, other

Positive impact

LGPS is available to all staff to join. 

Negative impact - physical

Visual impairment – not able to read LGPS details. 

Ethnicity⁴ - White; Mixed or Multiple ethnic groups; Asian or Asian British; Black, Black British, Caribbean or African; Other ethnic group

Positive impact

LGPS is available to all staff to join. 

Language – English not as a first language 

Positive impact

LGPS is available to all staff to join. 

Negative impact 

Not able to understand. 

Pregnancy and maternity - Women who are pregnant or have given birth in the last 26 weeks

Positive impact

LGPS is available to all staff to join. 

Negative impact  

The SCAVC is only available whilst in receipt of pay. If during maternity leave employee goes onto nil pay, this will no longer be viable. Can sign up on return of receiving pay (above National Minimum Wage). 

Religion or belief - People with a religious belief (or none)

Positive impact

LGPS is available to all staff to join.   

Sex – Men and Women

Positive impact 

LGPS is available to all staff to join.   

Gender reassignment⁵ - Transgender/Transsexual⁶

Positive impact

LGPS is available to all staff to join.   

Sexual Orientation – Straight/Heterosexual, Gay or Lesbian, Bisexual, Other sexual orientation

Positive impact

LGPS is available to all staff to join.   

Marriage and Civil Partnership - People who are married or in a civil partnership

Positive impact

LGPS is available to all staff to join.  

10. How can negative impacts be minimised or removed? 

• Age: If the result of joining the SCAVC impacts on staff not being able to ‘take home’ the equivalent of NMW, then they are prevented from signing up. This is to ensure that staff have enough money to be able to ‘live’. 
• English not the first languag: Translation could be provided.
• Vision loss/impairment: Different format provided where possible.
• Pregnancy and maternity: Women can choose to make up pension contributions during periods of lower/nil pay. They can also rejoin SCAVC when in receipt of pay.

Summary and findings of Initial Equality Impact Assessment

11. Confirmation of findings

There are four options to describe the finding of the EqIA:

1. No negative impacts have been identified – Action is to sign off screening and finish.
2. Negative impacts have been identified but have been minimised or removed  - Action is to sign off screening and finish.
3. Negative impacts could not be minimised or removed – Action is to sign off screening and complete a full impact assessment – Section 2.
4. There is insufficient evidence to make a judgement - Action is to sign off screening and complete a full impact assessment – Section 2. 

The findings and action are confirmed as (B). Negative impacts have been identified but have been minimised or removed. The action is to sign off screening and finish. 

12. Name and job title of person completing this form

Amanda Mann, HR Service Centre Manager

13. Date of completion

28 November 2023

14. Date for update or review of this screening

As and when required by changes to the LGPS. 

• [1] The Equality Act’s `protected characteristics’ include age, disability, gender reassignment, pregnancy and maternity, race, religion or belief and sex and sexual orientation. It also covers marriage and civil partnerships, but not for all aspects of the duty.
• [2] This involves having due regard, in particular, to the need to: (a) remove or minimise disadvantages suffered by persons who share a protected characteristic that are connected to that characteristic; (b) take steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it, and (c) encourage persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low.
• [3] This involves having due regard, in particular, to the need to (a) tackle prejudice, and (b) promote understanding.
• [4] National Census 2011 categories are: Bangladeshi, Indian, Pakistani, Other Asian (Asian or Asian British), African, Caribbean, Other Black (Black or Black British), White and Black African, White and Asian, White and Black Caribbean (Mixed), British, Irish, Other White (White), Chinese, Other (Other Ethnic Group).
• [5] The protected characteristic of gender reassignment is defined by the Equality Act 2010 as “a person proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person's sex by changing physiological or other attributes of sex.” This is a personal process that may involve medical interventions such as counselling, psychotherapy, hormone therapy or surgery, but does not have to.
• [6] It is generally held that people who are transgender disguise their features or clothing to resemble their preferred sex, whereas people who are transsexual wish to change their body to completely resemble their preferred sex.