WORKING BEYOND AGE 65 PROCEDURE

Effective: 1st October 2006

Revised: February 2007

CONTENTS

1. Scope........................................................................................................................3
2. Introduction.............................................................................................................3
3. Retirement Procedure.............................................................................................3
4. Retirement Decisions.............................................................................................4
5. Additional Choices/Options...................................................................................5
6. Pension Considerations and Flexible Retirement...............................................5
Appendix 1 Retirement Procedure Flowchart...........................................................6
Appeal Procedure.......................................................................................................7
Appendix 2 Retirement Form......................................................................................8
1. Summary of the Employment Equality (Age) Regulations 2006.........................10
2. Retirement Decisions..........................................................................................10
3. Employee Performance & Development.............................................................11
4. Pension Implications............................................................................................11
5. Role of HR & OD.................................................................................................12
6. Role of Line Manager’s & Divisional Directors/Head-Teachers..........................12
Appendix 4 Draft Template Letters..........................................................................14
1. Notifying an Employee of Their Retirement Date................................................14
2. Employee Who Wishes to Retire on their Intended Retirement Date.................15
3. Invitation to a Meeting to Discuss Employee’s Request.....................................16
4. Agreement of an Employee's Request................................................................17
5. Refusal of an Employee's Request.....................................................................18
6. Employee’s Appeal..............................................................................................19
7. Invitation to an Appeal Meeting...........................................................................20
8. Appeal Accepted.................................................................................................21
9. Appeal refused....................................................................................................22
Appendix 5 Transitional Arrangements...................................................................23
1. Notifying an Employee of Their Retirement Date Transitional Arrangements....24
Appendix 6 Pensions & Flexible Retirement...........................................................25
1. Local Government Pension Scheme...................................................................25
2. State Pension..............................................................................252. Introduction3
3. Retirement Procedure.............................................................................................3
4. Retirement Decisions.............................................................................................4
5. Additional Choices/Options...................................................................................5
6. Pension Considerations and Flexible Retirement...............................................5

650179001.doc 1
 Appendix 1 Retirement Procedure Flowchart...........................................................6
Appeal Procedure.......................................................................................................7
Appendix 2 Retirement Form......................................................................................8
1. Summary of the Employment Equality (Age) Regulations 2006.........................10
2. Retirement Decisions..........................................................................................10
3. Employee Performance & Development.............................................................11
4. Pension Implications............................................................................................11
5. Role of HR & OD.................................................................................................12
6. Role of Line Manager’s & Divisional Directors/Head-Teachers..........................12
Appendix 4 Draft Template Letters..........................................................................14
1. Notifying an Employee of Their Retirement Date................................................14
2. Employee Who Wishes to Retire on their Intended Retirement Date.................15
3. Invitation to a Meeting to Discuss Employee’s Request.....................................16
4. Agreement of an Employee's Request................................................................17
5. Refusal of an Employee's Request.....................................................................18
6. Employee’s Appeal..............................................................................................19
7. Invitation to an Appeal Meeting...........................................................................20
8. Appeal Accepted.................................................................................................21
9. Appeal refused....................................................................................................22
Appendix 5 Transitional Arrangements...................................................................23
1. Notifying an Employee of Their Retirement Date Transitional Arrangements....24
Appendix 6 Pensions & Flexible Retirement...........................................................25
1. Local Government Pension Scheme...................................................................25
2. State Pension......................................................................................................25

650179001.doc 2
1. Scope

This procedure applies to all Council employee’s, including teachers.

2. Introduction

The Employment Equality (Age) Regulations specify a statutory procedure that must be
followed when dealing with retirements beyond the Council’s retirement age of 65. The
following procedure must be followed to ensure that retirements are treated/considered
fairly:

3. Retirement Procedure

1. HR & OD (BPU) will write to employee’s approximately 6 months before their intended
retirement date1.

2. Employee’s must complete the relevant sections of the Retirement Form and, in all
cases, return it to their line manager2 3 months before their intended retirement date.

3. The line manager must consider each request seriously and recommend to their
Divisional Director one of the decisions, as recommended in the section below on
Retirement Decisions. The overall decision must be made by the Divisional
Director/Head-Teacher. Decisions must be made within 28 calendar days of receiving
the request and all Retirement Forms must be returned to HR & OD BPU.

4. Each time an employee is granted a period of extension beyond age 65, HR & OD will
write to employee’s 6 months before their agreed intended retirement date and inform
them of their right to request continue working beyond that date.

5. Appeal

Employee’s can appeal in writing to their Divisional Director/Head-Teacher within 14

calendar days of receiving the decision.

The Divisional Director/Head-Teacher and a HR Consultant, not involved with the

original decision, must arrange an appeal meeting within 14 calendar days of receiving
the appeal letter.

The Divisional Director/Head-Teacher must write to the employee within 14 calendar

days of the meeting informing them of the decision (appeal refused or upheld) and that
they have no further right of appeal. A copy of this letter must be sent to HR & OD
BPU.

Where the appeal is upheld i.e. an extension period is agreed, Divisional

Directors/Head-Teachers must complete a Retirement Form and return it to HR & OD
BPU.

1
This is the date that the forthcoming retirement becomes effective. Transitional arrangements apply to
notice periods given between 1st October 2006 and 31st March 2007
2
Line manager or head-teacher

650179001.doc 3
4. Retirement Decisions

a) Employee wishes to retire

If the employee wishes to retire on their intended retirement date complete the
Retirement Form and return it to HR & OD BPU.

b) Agree to the request made by the employee

Line manager’s can recommend to their Divisional Director/Head-Teacher that they

agree to the employee’s request to work beyond their intended retirement date.
Manager’s must complete the relevant sections of the Retirement Form and ensure
that the Divisional Director/Head-Teacher approves the period of extension requested.

The line manager must return the approved Retirement Form to HR & OD BPU; failure
to return this form will mean that the employee will be considered retired and they will
not be paid.

Line manager’s must also write to the employee (within the 28 calendar days of
receiving the request), confirming the decision and send a copy of the letter to the HR
& OD BPU.

Under no circumstances must the original request be modified. Manager’s wishing to

modify requests should follow the steps outlined in c) below.

c) Meet with the employee to discuss the request; i) agree a period of extension or
ii) refuse the request

i) Agree a period of extension

Arrange to meet with employee within 28 calendar days of receiving their request;
following the meeting recommend, to the Divisional Director/Head-Teacher, a period of
extension. The relevant sections of the Retirement Form must be completed and
managers must ensure that the Divisional Director/Head-Teacher either approves the
period of extension agreed or the modified request.

The completed form must be returned to HR & OD BPU; failure to return this form will
mean that the employee will be considered retired and they will not be paid.

Line manager’s must also write to the employee within 14 calendar days of the meeting
confirming their decision and send a copy of the letter to the HR & OD BPU.

ii) Refuse the request

Arrange to meet with employee within 28 calendar days of receiving their request;
following the meeting recommend, to the Divisional Director/Head-Teacher, that the
request be refused.

The relevant sections of the Retirement Form must be completed and managers must
ensure that the divisional director/head-teacher approves the decision. The completed
form must be returned to HR & OD BPU.

Line manager’s must write to the employee within 14 calendar days of the meeting
outlining the reasons for refusing their request and provide details on how the

650179001.doc 4
 employee can appeal the decision. A copy of this letter must be sent to the HR & OD
BPU.

5. Additional Choices/Options

a) Worksmart

All employees who request to continue working beyond their intended retirement date
can also submit a request to change their working hours or working patterns, under the
Council’s Worksmart Policy. The Worksmart Policy applies to all employees except
teachers who have their own arrangements.

Worksmart requests must be considered separately from requests to continue working

beyond the intended retirement date but may be discussed at the same meeting.

b) Redeployment Register

Where line manager’s meet with employee’s to discuss a request made and neither
party can agree on a period of extension or the request can not be accommodated in
the service area, subject to certain conditions and approval by the Divisional
Director/Head-Teacher, line manager’s may offer the employee access to the Council’s
redeployment register up to a maximum of 3 months, depending on their contractual
notice entitlement.

Access to the redeployment register must not be offered to employee’s where there are
current warnings or disciplinary sanctions or formal action is being taken under one of
the Council’s policies and procedures, about the employee’s conduct, capability or
performance.

6. Pension Considerations and Flexible Retirement

It is the employee’s responsibility to seek specialist advice on the implications of working

beyond 65 for their pension.

Further information on the Local Government Pension Scheme and the effect of reducing
hours can be obtained from Liberata on 020 8666 9919; the Pension Service,
www.thepensionservice.gov.uk or the Local Government Employers’ website
www.lgps.org.uk. Or the Financial Services Authority www.fsa.gov.uk/pensions

650179001.doc 5
Appendix 1 Retirement Procedure Flowchart
This procedure must be repeated for each intended retirement date for an employee.

HR & OD notify employee 6 Employee submits request

months before their to line manager 3 months
intended retirement date before intended retirement
date

Employee wishes to retire Employee wishes to Line manager wishes to

continue working discuss the request made
e.g. modify, adjust it

Line manager completes Line manager recommends Arrange meeting within 28

Retirement Form within in
28 calendar days and
returns to HR & OD BPU
the request made.
Receives approval from
Divisional Director
Line manager writes to
employee within 28 days
confirming decision. CC
HR & OD BPU
calendar days
Line manager recommends
the requested period of Line manager recommends
extension. Approved by modifying or refusing the
the Divisional Director/ period of extension.
Head Teacher Approved by the Divisional
Director/ Head Teacher

Line manager writes to Line manager writes to

Line manager completes employee within 14 employee within 14
Retirement Form and calendar days confirming calendar days confirming
returns to HR & OD BPU decision. CC HR & OD decision. CC HR & OD
BPU BPU

Line manager completes Line manager completes

Retirement Form and Retirement Form and A
returns to HR & OD BPU returns to HR & OD BPU

650179001.doc 6
Appeal Procedure
A

Employee submits appeal

in writing to Divisional
Director within 14 calendar
days of receiving the
decision

Arrange appeal meeting

within 14 calendar days of
receiving the appeal

Appeal Upheld i.e. request Appeal Refused i.e.

agreed request refused

Write to employee within 10 Write to employee within 14

days of the meeting days of the meeting
confirming the decision. confirming the decision.
CC HR & OD BPU CC HR & OD BPU

Complete a Retirement
Form and return to HR &
OD BPU

650179001.doc 7
Appendix 2 Retirement Form

Part 1: Employee’s Request

Name:      
Department/Division/Team/School:      
Line Manager:      

Please tick each box that applies and return to your Line Manager/Head-teacher at least 3
months before your intended retirement date. [4 weeks before your intended retirement
date or as soon as reasonably practicable if notified between 1 st October 2006 and 1st April
2007]

A  I wish to retire on my intended retirement date of [insert intended retirement

date].

B  I wish to continue working beyond my intended retirement date of [insert

intended retirement date].

B1 I wish to continue working:-

 Indefinitely

 For a stated period:__________________________State period

 Until:______________________________________State date.

C  I have attached my Worksmart application

Employee Signature:_______________________________Date: _________________

Part 2: Line Manager’s Recommendation

Please tick each box that applies and complete the details requested before having the
request authorised by the Divisional Director.

A  I confirm the intended retirement date of [insert intended retirement date]

B  I support this application to work beyond the intended retirement date

B1  Indefinitely

 For a period of:__________________________State period

 Until:__________________________________State date

C  I do not support this request for the following reasons:      

D  We have agreed the following Worksmart arrangements :      

E  I do not support this request but recommend access to the redeployment register 

650179001.doc 8
Line Manager’s Signature:____________________________Date:______________

Part 3: Divisional Director’s Approval/Authorisation

Please indicate your approval of the request to continue working beyond the intended
retirement date.

Has this decision been made as a result of an appeal meeting?  YES  NO

A  I approve

B  I do not approve for the following reasons      

C  I do not approve but recommend access to the redeployment register 

Divisional Director:      

Department/Division/Team:      
Signature:      
Date:      

Please return this form to HR & OD BPU and a copy to the Line Manager within 28
calendar days of receiving the request.


Worksmart is available to all Council employees except school-based staff who have
their own arrangements. Please note that Worksmart applications are subject to all the
provisions under the Worksmart Policy and will be considered separately from requests
to continue working beyond the intended retirement date. However, both requests may
be discussed at the same meeting.

Access to the redeployment register must not be offered to employee’s where there are
current warnings or disciplinary sanctions or formal action is being taken under one of
the Council’s policies and procedures, about the employee’s conduct, capability or
performance

650179001.doc 9
Appendix 3 Working Beyond Age 65 Guidance (Revised)

1. Summary of the Employment Equality (Age) Regulations 2006

From 1st October 2006 the above regulations remove the upper age limit on the right to
claim against unfair dismissal or redundancy and make discrimination on the basis of age
unlawful in employment and vocational training.

The regulations set the national default retirement age at 65, making compulsory
retirement below age 65, or below the organisations normal retirement age, if over 65,
unlawful unless it can be objectively justified.

The regulations introduce the right for employee’s to request to work beyond age 65 and
establish a statutory procedure that organisations must follow to ensure that requests to
continue working beyond retirement are deemed fair.

Briefly, the regulations state that employers must notify employee’s at least 6 months but
no more than 12 months before their intended retirement date that they have the right to
request to continue working beyond that date. And employees must make their request to
continue working at least 3 months but no more than 6 months before their retirement
date. (Transitional arrangements apply for retirements falling between 1 st October 2006
and 31st March 2007.

Employee’s can request to continue working beyond their intended retirement date;
indefinitely, for a stated period or until a stated date.

Under the regulations employee’s also have the right to be accompanied to any meeting
under the retirement procedure by a work colleague or trade union representative. The
colleague or union representative may present the employee’s case and confer with the
employee during the meeting. However, they must not answer questions on behalf of the
employee.

For retirements to be deemed fair the Council must follow the procedure stated in this
document.

2. Retirement Decisions

a) Requests under the Councils Worksmart policy are subject to all the
principles/provisions set out in the policy and must be considered separately from the
request to continue working beyond the an intended retirement date. Line manager’s
must confirm any Worksmart arrangements (including a trial period where appropriate)
and arrange for amendment of the employee’s contract of employment.

b) Line manager’s can agree any period of extension however agreeing an “indefinite”
period should only be agreed in exceptional circumstances. Managers are advised to
agree extensions of no more than three years and to consider any future requests in
accordance with this procedure.

c) When making their decision line managers must consider the following. The following
may be considered as reasons for refusal but is not meant to be an exhaustive list:

I. Service needs

650179001.doc 10
  Workforce planning considerations of the division or section, including the transfer of
knowledge
 Required efficiency savings within the Division
 Planned re-organisations to improve service delivery
 The needs of the service, its customers and the impact of any arrangement on the
immediate working team

II. Knowledge & Skills

 Consideration must be given to the need to retain and successfully transfer

knowledge and skills
 The knowledge and skills needed to implement effective succession planning
strategies

III. Employee record

 Manager’s must take into consideration current warnings or disciplinary sanctions or

formal action being taken under one of the Council’s policies and procedures about
the employee’s conduct (Employee’s are expected to be managed under relevant
Council procedures.)

IV. Consistency and fairness

 Manager’s must ensure that all requests are treated consistently and fairly and that
employee’s do not receive less favourable treatment on the basis of race, gender,
disability, sexual orientation religion or belief. Decisions must not be influenced by
knowledge that an employee is a trade union representative.

d) Line manager’s offering access to the redeployment register must advise employee’s
that their salary will not be protected. Salary protection only applies to those needing
redeployment for statutory reasons; access to the redeployment register under this
procedure will be for procedural reasons. Redeployment Policy & Procedure.

3. Employee Performance & Development

All employee’s, including those who are nearing their retirement age must not be treated
unfavourably when it comes to managing their performance and development. Line
managers must ensure that all employees are treated fairly in terms of how objectives are
set and how performance standards are defined, measured and assessed. Work must be
allocated fairly and all employees must have equal access to opportunities for learning and
development and career development.

The retirement procedure must not be used to deal with poor standards of work,
performance, conduct and attendance. All employees should be managed effectively and
appropriately under relevant Council procedures and managers should seek advice from the
HR Consultancy if they are unsure about this procedure or any Council policy or procedure.

4. Pension Implications

a) Employee’s contributing to the Local Government Pension Scheme

650179001.doc 11
 (LGPS) will qualify under the pension scheme regulations for an unreduced pension
once they reach the normal retirement age of 65.

b) Employee’s can join LGPS after the age of 65 and all members of the scheme can
continue to make contributions until the day before their 75 th birthday.

c) LGPS Pension benefits will increase for employee’s who work beyond the age of 65 and
do not claim their LGPS pension whilst in employment.

d) From 6th April 2006, members of the LGPS will be able to convert some of their annual
pension to receive a bigger lump sum. For each £1 of annual pension surrendered, the
member will receive a lump sum of £12. Up to 25% of the capital value of the member’s
pension benefits can be taken in the form of a lump sum. The ability for retirees to
convert some or all of their pension scheme lump sum into additional pension benefits
has been removed. Employees must seek independent financial advice before making a
decision about converting their pension benefits.

5. Role of HR & OD

a) Although retirement is a potentially fair reason for dismissal, the employee’s dismissal
could be unfair and give rise to other claims of less favourable treatment on the basis,
gender, race, disability, sexual orientation, religion or belief. HR & OD will monitor
requests not to be retired in accordance with the Council’s current monitoring
categories.

b) Notify employees and managers within the timescales set out in the Regulations.

c) The HR Consultancy will provide advice and guidance on the Working beyond Age
65 Procedure, including business case, restructuring, redeployment and new work
patterns.

d) Ensure that information about the Working Beyond Age 65 Procedure is publicised
throughout all Council offices; on the intranet, in employee journals, and departmental
briefings.

6. Role of Line Manager’s & Divisional Directors/Head-Teachers

a) Line manager’s must ensure that this procedure is applied consistently, fairly and that
unlawful discrimination does not occur, not just in terms of age, but also on grounds
of race, gender, disability, sexual orientation religion or belief.

b) Line managers must meet with employee’s if they wish to modify/amend the
employee’s original request.

c) Line manager’s must make their recommendation to the Divisional Director/Head-

Teacher and receive their approval/authorisation for all requests.

d) Line managers and Divisional Directors must consider all the reasons outlined under
point 2, Retirement Decisions, when considering and authorising requests to continue
working.

650179001.doc 12
 e) Divisional Directors/Head-Teachers must authorise extensions to work beyond the
intended retirement date and hear appeals against the decision to refuse requests to
work beyond the intended retirement date.

650179001.doc 13
Appendix 4 Draft Template Letters
1. Notifying an Employee of Their Retirement Date
Tel/Typetalk:
Email:

Address Date:

Dear [Title and last name of employee]

Re: Your retirement

I am writing to inform you that your intended retirement date is [insert date].

Under the Employment Equality (Age) Regulations 2006 you have the statutory right to
request to continue working beyond your intended retirement and the Council has a duty to
consider your request. If you wish to continue working and wish to change your work
pattern, you can submit a Worksmart application along with your request. Both of these
will be considered separately by your line manager, who will make his/her
recommendation to your Divisional Director/Head-Teacher for approval.

Whether you intend to retire or continue working you must complete Part 1 of the
Retirement Form enclosed and return it your line manager three months before the date
stated above.

Your line manager can recommend to agree or refuse your request and may also arrange
a meeting with you to discuss this. You have the right to be accompanied by a work
colleague, or trade union representative to any meeting held to discuss your request not to
be retired.

A decision will be made within 28 calendar days of you making the request and you have
the right to appeal against this decision within 14 calendar days of its receipt by writing to
your Divisional Director/Head-Teacher. If your appeal is not successful there will be no
further right of appeal.

If you fail to make your request not to be retired three months before your intended
retirement date you will lose your statutory right to have your request considered
and you will be retired on the date shown above.

Please inform your line manager that you have been notified of your intended retirement
date.

If you have any queries concerning this letter, please contact your line manager or the HR
Consultancy.

Yours sincerely
HR & OD

650179001.doc 14
2. Employee Who Wishes to Retire on their Intended Retirement Date

Tel/Typetalk:
Fax:
Minicom:
Email:
Address Date:

Dear [Title and last name of employee]

Re: Confirmation of your retirement

Thank you for returning the Retirement Form confirming that you will retire on [insert the
intended retirement date].

In the meantime, I would like to thank you for your contribution to Croydon Council over
the last [insert duration of the employee's employment].

Yours sincerely
[First name] [Last name]
[Line Manager]

650179001.doc 15
3. Invitation to a Meeting to Discuss Employee’s Request
Tel/Typetalk:
Fax:
Minicom:
Email:
Address Date:

Dear [Title and last name of employee]

Re: Request to Continue Working Beyond Retirement Meeting

Thank you for your request to continue working beyond your intended retirement date,
[insert intended date of retirement].

I would like to discuss your request and am proposing we meet on [insert date] at [insert
time] [in/at] [insert place].

You have the right to be accompanied to this meeting by a colleague or your trade union
representative.

After our meeting I will make my recommendation and complete the relevant parts of the
retirement form before sending it to the Divisional Director/Head-Teacher [insert name] for
approval.

The decision will be confirmed in writing to you within 14 calendar days of the meeting.

Please confirm that you are able to attend this meeting and if anyone will be
accompanying you.

If you have any queries concerning this letter, please contact me.

Yours sincerely
[First name] [Last name]
[Line Manager]

650179001.doc 16
4. Agreement of an Employee's Request
Tel/Typetalk:
Fax:
Minicom:
Email:
Address Date:

Dear [Title and last name of employee]

Re: Request to Continue Working Beyond Retirement Age Accepted

I refer to our meeting that was held on [insert date] at [insert time] to discuss your request
to continue working beyond your intended retirement date [insert intended date of
retirement].

Your request has been approved by the Divisional Director and you will continue to work
for a further [insert duration of extension] after your intended retirement date.

[Insert if appropriate] The following Worksmart arrangement were also agreed; [insert
Worksmart arrangements], which are subject to the arrangements under the Worksmart
Policy.

HR & OD will write to you if they need to make any changes to your contract. All your
other terms and conditions of employment will remain the same.

If you have any queries concerning this letter, please contact me on [insert contact details
as appropriate].

Yours sincerely
[First name] [Last name]
[Line Manager]

650179001.doc 17
5. Refusal of an Employee's Request
Tel/Typetalk:
Fax:
Minicom:
Email:
Address Date:

Dear [Title and last name of employee]

Re: Request to Continue Working Beyond Retirement Age Refused

I refer to our meeting that was held on [insert date] at [insert time] to discuss your request
to continue working beyond your intended retirement date [insert intended date of
retirement].

Unfortunately, your request has been refused [insert reason(s) for the decision].

As a result of this, I am writing to confirm that you will retire on your intended retirement
date, and your dismissal is to take effect on that date.

You have the right to appeal my decision by writing to the Divisional Director [insert name
contact details] within 14 calendar days of receiving this letter. The appeal must set out
the grounds of your appeal and be dated.

If you have any queries concerning this letter, please contact me on [insert contact details
as appropriate].

Yours sincerely
[First name] [Last name]
[Line Manager]

650179001.doc 18
6. Employee’s Appeal

Tel/Typetalk:
Fax:
Minicom:
Email:
Address Date:

Dear [Title and last name of appropriate person]

Re: Appeal

I refer to your letter dated [insert date of employer's refusal letter] and I wish to appeal
against the decision to refuse my request to continue working [indefinitely/for the length of
time that I requested] after my intended date of retirement, which is [insert date of
employee's [65th] birthday or date after that birthday].

I am appealing on the following

grounds: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
.............

Yours sincerely

Employee's signature: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[Full name of employee]
[Employee's job title]

650179001.doc 19
7. Invitation to an Appeal Meeting

Tel/Typetalk:
Fax:
Minicom:
Email:
Address Date:

Dear [Title and last name of appropriate person]

Re: Appeal Meeting

Thank you for your appeal dated [insert date of employee's appeal] against the decision to
refuse your request to continue working [indefinitely/for the length of time that you
requested] after your intended date of retirement, which is [insert intended retirement
date].

I am writing to invite you to attend an appeal meeting to discuss your appeal in accordance
with the statutory retirement procedure. The appeal meeting will take place on [insert date]
at [insert time] [in/at] [insert place].

Your appeal will be discussed with [insert name(s) and/or job title(s) of person(s) as
appropriate].

You may be accompanied by a colleague or your trade union representative.

If you have any queries concerning this letter, please contact me on [insert contact details
as appropriate].

Yours sincerely
[First name] [Last name]
[Divisional Director]

650179001.doc 20
8. Appeal Accepted

Tel/Typetalk:
Fax:
Minicom:
Email:
Address Date:

Dear [Title and last name of employee]

Re: Appeal accepted

I refer to our appeal meeting that was held on [insert date] at [insert time] [in/at] [insert
place] to discuss your appeal to continue working after your intended retirement date,
which is [insert intended retirement date].

In response to that appeal, I have decided to uphold your appeal, and therefore you will
continue to work [insert] on a [insert working pattern, e.g. full-time or part-time basis] after
your intended retirement date.

These arrangements will become effective from [insert date].

If you have any queries concerning this letter, please contact me on [insert contact details
as appropriate].

Yours sincerely
[First name] [Last name]
[Divisional Director/HR Consultant]

650179001.doc 21
9. Appeal refused

Tel/Typetalk:
Fax:
Minicom:
Email:
Address Date:

Dear [Title and last name of employee]

Re: Appeal refused

I refer to our appeal meeting that was held on [insert date] at [insert time] [in/at] [insert
place] to discuss your appeal to continue working after the intended date of your
retirement, which is [insert the date of the employee's [65th] birthday, or date after that
birthday].

In response to that appeal, I regret to inform you that I have decided to refuse your appeal
because [insert reason(s) for the decision].

As a result of this, I am writing to confirm that I intend for you to retire on the intended date
of your retirement, and your dismissal is to take effect on that date.

You have now exercised your right of appeal under the statutory retirement procedure and
this decision is final.

In the meantime, I would like to thank you for your contribution to [insert name of
company/organisation] over the last [insert duration of the employee's employment].

Yours sincerely

[First name] [Last name]

[Divisional Director/HR Consultant]

CC: Line Manager

650179001.doc 22
Appendix 5 Transitional Arrangements

Transitional provisions apply where notice must be given before 1 st October if dismissal is
to occur after 1 October 2006, but before 1 April 2007.

The Regulations also make provision for circumstances where notice of termination is
given after 1 October 2006 and dismissal is to take effect before 1 April 2007.

Notice Given Before 1 October

 Notice must be at least the period required by contract, up to a maximum of 4

weeks. HR&OD will write to the employee informing them of their right to request
not to be retired.

 The employee can make a request not to retire after his or her contract has
terminated, but not more than four weeks afterwards.

 Managers must then follow the normal procedure to consider such a request.

Notice Given after 1 October 2006 of retirement before 1 April 2007

 Notice must be the longer of contractual or statutory notice of termination.

 The notice must also inform the employee of the right not to retire.

 The employee must make a written request where possible at least four weeks
before the intended retirement date, or as soon as reasonably practicable after
being notified of the right to request not to be retired.

 The employee can make a request not to retire after their contract has terminated,
but not more than four weeks afterwards.

 Managers must then follow the normal procedure to consider such requests.

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1. Notifying an Employee of Their Retirement Date Transitional Arrangements
Tel/Typetalk:
Email:

Address Date:

Dear [Title and last name of employee]

Re: Your retirement

I am writing to inform you that your intended retirement date is [insert date].

Under the Employment Equality (Age) Regulations 2006 you have the statutory right to
request to continue working beyond your intended retirement and the Council has a duty to
consider your request. If you wish to continue working and wish to change your work
pattern, you can submit a Worksmart application along with your request. Both of these
will be considered separately by your line manager, who will make his/her
recommendation to your Divisional Director/Head-Teacher for approval.

Whether you intend to retire or continue working you must complete Part 1 of the
Retirement Form enclosed and return it your line manager four weeks before the date
stated above, or as soon as possible.

Your line manager can recommend to agree or refuse your request and may also arrange
a meeting with you to discuss this. You have the right to be accompanied by a work
colleague, or trade union representative to any meeting held to discuss your request not to
be retired.

Your line manager will make his/her recommendation to the Divisional Director who will
make a decision as soon as possible after you make your request. You have the right to
appeal against the decision within 14 calendar days of its receipt by writing to your
Divisional Director. If your appeal is not successful there will be no further right of appeal.

If you fail to make your request not to be retired before your intended retirement
date you will lose your statutory right to have your request considered and you will
be retired on the date shown above.

Please inform your line manager that you have been notified of your intended retirement
date.

If you have any queries concerning this letter, please contact your line manager or the HR
Consultancy.

Yours sincerely
HR & OD

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Appendix 6 Pensions & Flexible Retirement
1. Local Government Pension Scheme

Since 1 April 2006, employee’s aged 50 or over can request to reduce their hours or grade
and elect to take their accrued pension benefits whilst continuing to be employed.
Employee’s who reduce their hours and grade after age 65 will not suffer an actuarial
reduction, but it will reduce pension benefits. It is recommended that independent
financial advice is sought before making a decision on flexible retirement.

Employees should note that pension benefits will be actuarially reduced if accrued pension
benefits are taken before the normal retirement age of 65.

For information on your options for your State Pension, please see the extract from the
Pensions Service below.

2. State Pension

Extract from the Pensions Website

http://www.thepensionservice.gov.uk/statepensiondeferral/choices.asp

The government is keen to ensure older workers can make the choice about how and
when they retire. The ability to defer would be central to this aim and would help
encourage people who wanted to work past the State Pension age. The option of a lump
sum payment becomes available for those who defer taking their State Pension.

When you reach State Pension age you don't have to claim your State Pension straight
away. You may not need the income from your State Pension immediately because, for
example, you intend to carry on working. You can:

 claim State Pension while you carry on working (your earnings will not affect the
amount of State Pension you get but, as State Pension counts as income for tax
purposes, claiming State Pension may affect the amount of tax you have to pay)

 retire from work and claim your State Pension or

 put off claiming State Pension for a while to get either extra State Pension or a one-off
taxable lump-sum payment when you do claim, whether you carry on working or not.

If you decide to put off claiming State Pension, your options when you finally claim will
depend on how long you put it off for.

To get extra State Pension you have to put off claiming for at least five weeks.
You build up extra State Pension at 1% of your normal weekly State Pension rate for every
five weeks you put off claiming (this is equivalent to about 10.4% extra for every year you
put off claiming)

Extra State Pension is paid on top of your normal weekly State Pension from when you
start claiming it, and continues for as long as you are getting State Pension. Extra State
Pension is increased each April in line with increases to your State Pension.

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People who choose to take their State Pension later could, after five years get a one-off
payment of over £30,000 as an alternative to a higher weekly pension.

You can find out how much you could get by putting off claiming your own State Pension
by phoning the Pension Forecasting Team on 0845 3000 168 (If you have speech or
hearing difficulties you can contact us using a textphone on 0845 3000 169).

If you're already over State Pension age and you want to find out how much you can get if
you stop claiming your State Pension for a while (or if you haven't yet claimed it) phone
The Pension Service on 0845 60 60 265 (If you have speech or hearing difficulties you can
contact us using a textphone on 0845 60 60 285).

Find out more about State Pension deferral on the Department for Work and Pensions
website http://www.thepensionservice.gov.uk

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