You may be aware that on 8 February 2001 the House of Lords reached its long awaited decision in respect of the above pensions for part-time workers case.  A copy of the House of Lords judgement is available on the Employers' Organisation website at www.lg-employers.gov.uk.

Basically the House of Lords ruled that in certain cases part-time workers can claim past membership of Pension Funds as far back as 1976.

However, to qualify for backdating of membership employees must have made a claim to an industrial tribunal and where an employment ceased that claim needed to have been made within 6 months of ceasing.

Furthermore, exclusion from the pension Scheme must be proved to be because of discrimination and the employee also has to prove financial losses because of being excluded.

It is also understood that contributions that would have been paid will need to be "recovered" from both employee and employer.

As far as the Local Government Pension Scheme is concerned amendments will need to be made to the Statutory Provisions but this is not expected to be in the short-term and may not happen for at least 12 months.

It is understood that the National Association of Pension Funds is working with the Inland Revenue and the DSS to identify and resolve some of the administrative complications arising out of the House of Lords decision.  These include ways of obtaining income records for past years (where relevant information within an authority no longer exists or is incomplete), clarifying the SERPS position and identifying if the 15% contribution limit can be lifted for members to whom the House of Lords decision applies.

If you feel you are covered by the recent ruling and you have not already done so, you should now ledge your claim with the Employment Tribunal by completing form IT1 (E/W) which can be obtained by telephoning 0845 7959775.  We will not be able to progress this matter however until our Scheme Regulations have been amended by the Department of the Environment, Transport and the Regions.

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