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Protecting Our Pensions
   

 

 

Model Letter to MSP's protesting at changes to the Local Government Pension Scheme

 

ATTACK ON OUR PENSIONS

The Minister for Finance and Public Service Reform, Tom McCabe MSP has made it clear that he intends to follow the actions of the Westminster government in amending the regulations governing the LGPS, and that he has legal advice that indicates that the Rule of 85 would contravene the European age discrimination directive.

This is despite the legal advice commissioned by UNISON and CoSLA which give different interpretations of the directive and potential legislation - which has not yet been published. It also conflicts with the public statements of the EU's spokeswoman on employment, social affairs and equal opportunities, Katherina Von Schnurbein. WE MUST CAMPAIGN NOW TO STOP THE CHANGES

 

  [Your address and phone number]
[the date]

To: [ Your local] MSP
Scottish Parliament
Edinburgh EH99 1SP

Dear Mr/Ms [your local/regional] MSP-,

JUSTICE FOR LGPS MEMBERS

As one of your constituents I am writing to ask for your urgent help in securing justice for members of the Local Government Pension Scheme (LGPS) in Scotland.

As you may know negotiations have been taking place over the future of the LGPS, alongside separate talks through the Public Services Forum (PSF) with Alan Johnston, Secretary of State at the DTI, over the other public sector pension schemes. On 18 October the PSF reached an agreement, endorsed by the Cabinet, on the future of the NHS, civil service and teachers pension schemes which included life-time protection of existing scheme benefits and pensions age for existing members.

However in the negotiations on the LGPS, members are facing detrimental proposals for the reform of their pension. These include the removal of the 85 Rule and no protection for existing scheme members.

Although these LGPS negotiations technically only affect the scheme in England and Wales at this stage, Tom McCabe MSP, the Scottish Executive Minister for Finance and Public Service Reform, has stated that he will remove the rule of 85 from the LGPS in Scotland. Mr McCabe, following a similar decision taken by the UK Government in respect of the LGPS in England and Wales, has decided that retaining the rule would be incompatible with a forthcoming EU Directive on Age Discrimination.

However both UNISON and CoSLA believe that the rule of 85 does not conflict with the EU Directive and have legal opinion to confirm this. This view was further strengthened when Katharina von Schnurbein, the EU's spokeswoman on employment, social affairs and equal opportunities, said the Scottish Executive was wrong. She cited Article 6 of the directive, which states that governments can treat people differently on the grounds of age in certain circumstances.

Von Schnurbein added: "It's an artificial debate [and one that] is only going on in Britain. The directive has no influence on pension value or pension age. It is completely up to the member state. If they think it is reasonable for people to retire at 60, under EU law that is perfectly legal."

The abolition of the rule of 85 cannot and should not be allowed to happen. Local government, police support staff, some Scottish NDPBs, HE and FE support staff and those in community and voluntary sector jobs covered by the LGPS are increasingly being asked to work in joined up service delivery arrangements. Low paid LGPS members, such as cleaners, janitors and classroom assistants in schools work alongside teachers. They will be required to work 10 years longer than teachers if the government's proposals are allowed to proceed. Joint initiatives across health and local government would see current inequalities in pay and access to career development made even worse by pension differences.

It is vital that we secure an agreement for equal treatment for LGPS members. If not, there will be demoralisation and anger across our public services hindering the reform process and leading to industrial action ballots by the unions across the public services.

Already the LGPS is the least favourable of all the public sector pension schemes, despite being the only funded scheme, with less Government financing than other schemes. Our members are not pension fat cats, 75% get a pension below £5000. The average pension for a woman is a derisory £1,616 according to ODPM figures.

I would urge you to do everything you can to bring justice and equal treatment to LGPS members in Scotland. The Scottish LGPS is administered by the Scottish Public Pensions Agency with ministerial responsibility resting with Tom McCabe MSP, Minister for Finance and Public Service Reform. Therefore could you please write to Tom McCabe urging him to treat Scottish LGPS members in the same way as other public sector workers. Support the UNISON Scotland campaign by signing either of the two motions (S2M-3872 Janis Hughes: Local Government Pension Scheme and S2M-3845 Carolyn Leckie: The Local Government Pension Scheme and Abolition of Rule of 85) in the Scottish Parliament which call on the Scottish Executive to initiate urgent discussions with COSLA and the relevant trade unions to achieve a solution agreeable to all.

Please can you let me know your response and any action you have taken to forward this campaign.

Yours Sincerely

 

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