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Old 18th Sep 2013, 14:08
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ARIS
 
Join Date: Sep 2000
Location: UK
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This has been and continues to be the subject of a long standing battle.
LGPS rules are clear (and set in concrete), any pension taken before the Scheme's retirement age is subject to an actuarial reduction. Fixating on the term "voluntary" is a red herring.
It is for the employer to decide whether this penalty will be paid by them or the retiree. Grounds that usually result in payment (of the reduction) include redundancy and other forced re-deployment that has been deemed to be in the employer's interest. They will usually also encourage enforced retirees to apply for other posts for which they are qualified, within their organisation.
Most police helicopter pilots' contracts are clear: when you lose your licenced ability to fly single pilot public transport operations - your contract expires. The employer's argument is that this does not constitute enforced redundancy.

I agree with Flashman & others that the way ahead may be via BALPA but feel it is highly unlikely that anything more can be achieved via the age discrimination route. The issue must be taken to the employer, perhaps on the grounds of not offering appropriate pension arrangements at the start of contract. Interestingly there are schemes that would be appropriate, e.g. the Principle Civil Service Scheme enjoyed by the Met police pilots - retirement age 60.
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