Archived decisions

Hampshire Fire and Rescue Authority

Human Resources Committee Item 7

15/03/200520 April 2006

Error! Bookmark not defined.Re-employment of Green Book Employees following Retirement

Report by the Chief Officer

Contact: Jane Stuckey, Employee Relations Tel: 023 80 644 000 ext 5420

email: [email protected]

1

Summary

1.1

Further to the agreement of Grey Book employees (uniformed staff) being able to be re-employed following retirement, this report details the requirement for a consistent approach for Green Book employees (support staff).

2

RecommendationError! Bookmark not defined.s

2.1

That the Service offers Green Book Employees direct re-employment following retirement, in line with arrangements for Grey Book employees.

2.2

As with the policy for the Grey Book employees, a review takes place at the end of this year to consider the impact on the workforce profile.

3

Introduction Error! Bookmark not defined.and Background

3.1

Following the Committee's approval of the paper dated 1 December 2006, entitled `Re-employment of Grey Book Employees following Retirement', Grey Book employees are now entitled to retire, take their lump sum pension payment, and then be directly re-employed in the same role they were employed in before their retirement.

3.2

The previous paper did not include any provision for the Green Book staff in the Local Government Pension Scheme (LGPS). Since that paper, however, Employee Relations have received requests for this point to be clarified.

3.3

The proposal is to offer a consistent approach to that agreed for the Grey Book staff in December 2006.

3.4

The policy wording is detailed in Appendix A.

4

Considerations

4.1

Direct re-employment without advertising could be seen as not openly recruiting. This should be considered but as it is direct re-employment and the role is unchanged, the act is an extension to employment rather than a creation of a new role.

5

Contribution to Corporate Aims and Objectives

5.1

Potential advantages to the Service may include:

    · Retention of specialist skills which are difficult to replace short-term.

    · Savings on recruitment and selection costs.

6

Risk Analysis

6.1

The main areas of risk in respect of re-employment after retirement policies are in respect of equality challenges and de-motivating those in the current workforce looking for developmental opportunities which may become more limiting.

This risk can be mitigated by a policy review at the end of the year to consider its impact.

7

Resource Implications

7.1

As long as notice is given and a replacement for the pending retiree has not already been sourced, then there should be no resource implications. In fact, savings should be made on recruitment and training costs in the short-term.

8

Equality Impact Assessment

8.1

An impact assessment was made on the proposals within the paper dated 1 December 2006. It showed that the proposals (the same as contained within this paper) are compatible with the provisions of the European Convention on Human Rights, the Human rights Act 1988 and the Race relations (Amendment) Act 2000.

9

Consultation

9.1

Formal consultation has commenced on the proposal for Grey Book employees but the Policy will need to be circulated again for the inclusion of Green Book employees for direct re-employment post retirement and other pending changes.

Background Information (Section 100D of Local Government Act 1972)

The following documents disclose the facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of the report:

HR Committee paper `Re-employment of Grey Book Employees following Retirement'

(1 December 2006 - contact Shella Smith)

SO/1/2/4 Exit Policy - 2.9 Re-employment of Green Book Employees

Appendix A - Re-employment of Green Book Employees Policy Wording

Note: The list excludes: (1) published works; and (2) documents that disclose exempt or confidential information defined in the Act.

    Appendix A

      SO/1/2/4

2.9 Re-employment of Green Book Employees

    With effect from 1 April 2007, Green Book staff who have attained the age of voluntary retirement (age 60) may leave, receive their Local Government Pension Scheme (LGPS) benefits and then be directly re-employed in the same role they were employed in before their retirement. A break in service of at least one week (to include two clear Sundays) between retirement and re-employment must occur. This break cannot be taken as paid leave.

    The monthly pension payment will immediately upon re-employment be abated, either in part or in whole, if the annual pension value plus re-employment annual salary exceed the annual pay they were receiving before retirement. When the employee finally retires from the Service (i.e. after a period of re-employment) the original pension value plus inflation increases will recommence and if membership of the LGPS is continued, further pension benefits will be paid in respect of the period of re-employment based on the employee's final salary.

    Employees will be issued with a new contract of employment on re-employment to the Service. Previous service will not count as continuous for the purpose of redundancy or in the calculation of further pension benefits from the LGPS, although it will count towards other conditions of service entitlements such as annual leave, etc.

    Employees will be required to return with the same working hours. Flexible working requests can be made in the usual way but does not form part of the direct re-employment process.

    Employees are entitled to re-join the LGPS in re-employment and earn additional pension benefits.

    Employees who wish to take up this facility should make a request on a memorandum, which should be sent to the Workforce Support Team, HR Department, Service HQ, through the normal line management chain. Employees should check their employment particulars to ensure that the necessary notice period for retirement is given.

    NB: This policy will be reviewed by 31 December 2007 to consider its impact the workforce profile