We have received several questions from employers about our GDPR compliance. Please see our website for further information, which includes the following:
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Privacy notices outlining our compliance and data retention policy.
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‘Memo of Understanding’ for Employers. This is an important memo specifically for employers. It forms an agreement between us all about data security expectations. Please read this memo. There is a memo each for Somerset and Devon employers.
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Data Retention Policy for GDPR
Our understanding under GDPR is that we should only keep data for as long as is necessary - this is called data minimisation. We are also required to be able to demonstrate why we hold any data.
Eversheds have been very clear that employers must keep any data they need to meet their pension responsibilities, and that this is unaffected by the amendments and implementation of GDPR.
It is for each individual organisation, therefore, to decide and justify what that period should be, and not for us as pension administrators to determine this on your behalf. However, to be clear, as an employer we will expect you to make a decision on information required to determine a member's pension entitlement. For example, if, due to a pay reduction in the last 10 years, an employee has invoked the best 3 year average pensionable pay option in last 13 year period, you will need to provide that information for us to make a decision on. We would suggest therefore, that the 13 year period be a consideration when determining the retention period.
Please note that we will not be signing individual data sharing agreements with each individual employer. Instead we have put in place, as mentioned previously, a ‘Memo of Understanding’, which we kindly request that you please ensure you read (see above).
The annual allowance calculations will shortly be due for the year 2017/18 for all scheme members currently contributing.
To help reduce the number of individual requests for pensionable pay relating to these calculations, we have identified two categories of members that we consider may potentially breach the current HMRC limit of £40000:
- Employees who receive an annual salary of £90,000 or more per year, or
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Employees that have had an increase in salary over the last year of £5,000 or more.
It is probable that it will still be necessary to request further pay information for other employees that have differing circumstances, but we hope that by providing these details annually from now on, these requests will reduce in number.
For employees that fall into either of the above two categories, please arrange for the linked spreadsheet to be completed fully and returned to us by 6th July 2018, or as soon as possible.
Please send the data titled ‘Annual Allowance 2017/2018’ to our secure mailbox at: additionalbenefitssecure-mailbox@devon.gcsx.gov.uk. You may also use this mailbox for queries relating to the spreadsheet and Annual Allowance.
The above date is a legal deadline for the provision of the information under Regulation 15A The Registered Pension Schemes (Provision of Information) Regulations 2006 - SI 2006/567. The annual allowance calculations must be actioned and notified by Peninsula Pensions to members by 6th October 2018. See the HMRC Pensions Tax Manual.
In accordance with HMRC guidelines if the required information is not supplied on time, the person responsible for sending that information to us can be liable to the penalties in accordance with Section 98(1) Taxes Management Act 1970 described at PTM160800.
For further information about Annual Allowance, please see the this link.
On the 19 April 2018 Amendment Regulations were made which have seen small but significant changes to the LGPS. See the LGPC Bulletin 170 here. The regulations are effective from the 14th May 2018, although some areas are backdated to 1st April 2014.
A key change is that all preserved members currently under age 55 will be able to draw reduced benefits from age 55 – please see the bulletin for further information.
Another key change is regarding Assumed Pensionable Pay (APP). The employer may substitute a higher level of pensionable pay for the APP if, in the employer’s opinion, the APP value is materially lower than the actual level of pensionable pay the member would normally receive had they been at work.
Bulletin 171 states the changes and impacts in more detail.
As you are aware Peninsula Pensions has been undergoing a performance review. The review highlighted three key areas where additional work and resource is required and therefore the team has been restructured in order to deliver improvements in service. The restructure will be effective from the 1st July 2018 and we are currently in the midst of establishing who will take on the varying roles for Peninsula Pensions. The decision has been made that the benefit teams will no longer be alphabetically split but instead will be split between employers which I know a large number of you will welcome. We will provide further information on the restructure and your key contacts ahead of 1 July 2018.
Charlotte Thompson, Head of Peninsula Pensions, and Daniel Harris, Devon Pension Investment Manager, have both expressed an interest in developing their breadth of skills and knowledge. To aide this it has been agreed that they be seconded to each other’s roles, initially for a period of 12 months, but with the possibility of expanding this to 2 years. The secondment will be effective from 18 June 2018.
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