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Community Payback Supervisors

Community Payback Supervisors

We have received queries from Community Rehabilitation Companies on how to calculate full time pensionable pay (LGPS 2008 Scheme definition) for Community Payback (CP) Supervisors. CP Supervisors may only be contracted to work weekends, possibly either Saturday or Sunday for 7.50 hours a day and receive an additional 50 per cent enhancement for weekend work. Both the pay for the hours worked, and the bonus are included in their contract of employment as pensionable pay.

For members with pre 1 April 2014 membership

The following only applies to members who have any pre 1 April 2014 membership, where their final salary pay should be based on the LGPS 2008 definition.

From 1 April 2014, the LGPS contribution rate is derived from the actual pensionable pay a member receives and contributions due are a percentage of that pay. The pension built up under the LGPS 2014 is at the rate of 1/49 of the actual pensionable pay (or assumed pay) the CP Supervisor receives in the scheme year.

  • The Pensions Ombudsman, in a determination (PO-357, Mr Garrad) dated 4 October 2013, found that CP Supervisors with this type of work pattern should be classed as part time workers and, as a full time CP Supervisor would be contracted to work 37 hours a week, their full time equivalent pay should be based on 37 hours. 

  • The unsocial hours premium is then added to the full time equivalent pay to give the total full time pensionable pay figure to use in the calculation of pre 1 April 2014 LGPS pension benefits. 

  • In respect of the LGPS contributions CP Supervisors paid up to 31 March 2014, the Pensions Ombudsman advised that the percentage band rate should have been based on their full time equivalent pay for 37 hours plus the unsocial hours premium. 

  • Paragraph 23 of the determination includes the method that should have been used to determine the contribution band percentage and the amount of contributions a part time member should pay under regulation 3(5) of the LGPS (Benefits, Membership and Contributions) Regulations 2007.

    The determination in this case can be viewed on The Pension Ombudsman website.