Whilst some people are under the impression that preparing a Lasting Power of Attorney (LPA) is simply a case of completing a form and ticking a few boxes, it is about far more than this.
Not every qualified teacher will be eligible to join the Teachers’ Pension Scheme - only those who are carrying out the role of a teacher. The updated guidance makes clear that, although there is no explanation of what “teacher” means within the regulations governing the Teachers’ Pension Scheme, teaching work is defined in other legislation as:
- planning and preparing lessons and courses for pupils;
- delivering lessons to pupils;
- assessing the development, progress and attainment of pupils; and
- reporting on the development, progress and attainment of pupils.
Teachers' Pensions suggests that these should be considered when deciding whether someone is eligible or not.
Whilst it is unlikely that CEOs and executive headteachers will be involved in planning and delivering lessons, they may be involved in assessing and reporting on the development, progress and attainment of pupils. What isn't clear is how much time needs to be spent on these for someone to be eligible to remain in the Teachers’ Pension Scheme. Teachers' Pensions has indicated that if there is “little or no teaching work" and the job is more like that of a business administrator, then it may be more appropriate for the person to join the Local Government Pension Scheme.
It is for academies and multi-academy trusts to decide whether someone is eligible or not. If someone is incorrectly enrolled into the Teachers’ Pension Scheme, the individual will not build up any benefits in the scheme and, once it is realised that they are no longer eligible, their contributions will be refunded and they could be entitled to significant compensation. Academies will therefore want to carefully assess whether to convert roles so that they will qualify for the Teachers’ Pension Scheme.
Join our webinar
Many LGPS employers are considering their options following the most recent valuation and re-setting of contribution rates. You are invited to join Doug Mullen for a 45-minute webinar update to employers on the outcomes of the valuation. If you would like to book to join the webinar, please sign up here. After registering, you will receive a confirmation email containing information about joining the webinar from GoToWebinar.
For further information
For advice on the Teachers’ Pension Scheme and who is eligible to be enrolled, please contact Doug Mullen. You can also find out more about how we help people in the education sector with their HR challenges.
A big fear for some people facing divorce and the inevitable carving up of the matrimonial assets. They seek assurances that such assets will be “ring-fenced” and retained for them.
Thinking about the legal status of being a cohabitant probably isn’t at the top of the ‘to do’ list.
When an individual is thinking about making a gift to another individual, consideration needs to be given to the Potentially Exempt Transfer (PET) trap.
We are now only a few weeks away from the biggest change to data protection laws in over 20 years. Are you compliant?
The tragedy, in this case, is that there were options readily available to the midwives that they could have used. This was not a case of having to go above and beyond.
Arising from the recent Family Division announcement, people who think they are legally divorced may in fact still be married.
The SCCS has issued providers in the scheme a series of updated and new documents in order to assist with their National Minimum Wage review.
On 27 July 2017, the Financial Conduct Authority (the “FCA”), announced that by the end of 2021, the FCA will not use its legal powers to compel or persuade banks to submit to LIBOR as they are not comfortable in doing so where there are only a few eligible term borrowing transactions by large banks.
A key feature of statutory payment mechanism is a requirement for employers to issue payment notices & pay less notices if monies are to be withheld from a contractor.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.