Hospice Care Clinical/Non-Clinical provision

Summary

The requester asked for details on why non-clinical Hospice Care employees were excluded from the Government Unified Scheme 2011, but the Public Sector Pensions Authority stated it does not hold this specific information. The authority provided historical context explaining that the exclusion originated from the 2001 Hospice Care Superannuation Scheme managed by the Civil Service Commission before the PSPA took over.

Key Facts

• The PSPA does not hold the specific information regarding the consultation or reasoning for excluding non-clinical employees.
• The exclusion of non-clinical staff originated in the Hospice Care Superannuation Scheme 2001 under Clause 1(3).
• The Government Unified Scheme 2011 (GUS) was an amalgamation of existing schemes including the 2001 Hospice Care scheme.
• The PSPA became the Scheme Manager for GUS in 2012 and has not altered the membership criteria since.
• Prior to 2001, membership was available to all Hospice Care employees under the 1989 Scheme.

Data Disclosed

• 2648649
• 2022-09-21
• 2022-09-29
• 2011
• 1989
• 2001
• 2012
• Section 11(3)a
• Rule 14.1 (f)
• Clause 1 (3)

Exemptions Cited

• Section 11(3)a of the Freedom of Information Act 2015 (Information not held)

Original Request

The Public Sector Pensions Act 2011 (Para. 6(1)(c)) requires the PSPA to 'make schemes providing for the superannuation of public sector employees, subject to the approval of Tynwald' - whilst (Para. 3(1)(h)) states that all persons employed by 'Hospice Care Limited' are deemed to be "public sector employees". The Government Unified Scheme 2011 (GUS), contains Rule 14.1 (f) - which requires employees of Hospice Care Limited to be a 'Clinical Officer of Hospice Care' in order to become a member of the Scheme. Please provide me with details of how, when, and why the distinction was made to exclude non-clinical employees of Hospice Care Limited from the entitlement to become a member of the Scheme. The response should include details of the consultation with Hospice Care employees.

Data Tables (1)

Full Response Text

Chief Executive Officer Ian T Murray BCom (Hons), FPMI 3rd Floor Prospect House 27-29 Prospect Hill Douglas, Isle of Man, IM1 1ET E-mail: pensions@pspa.im Website: www.pspa.im

Our ref: 2648649 28 September 2022

Dear ###

We write further to your request which was received on 21 September 2022 and which states:

"The Public Sector Pensions Act 2011 (Para. 6(1)(c)) requires the PSPA to 'make schemes providing for the superannuation of public sector employees, subject to the approval of Tynwald' - whilst (Para. 3(1)(h)) states that all persons employed by 'Hospice Care Limited' are deemed to be "public sector employees". The Government Unified Scheme 2011 (GUS), contains Rule 14.1 (f) - which requires employees of Hospice Care Limited to be a 'Clinical Officer of Hospice Care' in order to become a member of the Scheme. Please provide me with details of how, when, and why the distinction was made to exclude non-clinical employees of Hospice Care Limited from the entitlement to become a member of the Scheme. The response should include details of the consultation with Hospice Care employees."

Whilst our aim is to provide information whenever possible, in this instance the PSPA
does not hold or cannot, after taking reasonable steps to do so, find the information that you have requested. This is in line with Section 11(3)a of the Freedom of Information Act 2015

We can however provide the following historic information which may be of assistance to you. Membership in a public sector pension scheme, was made available to employees of Hospice Care under the Hospice Care Scheme 1989, which was under the management of the Isle of Man Civil Service Commission (CSC). This scheme was revoked and replaced by the Hospice Care Superannuation Scheme 2001. Clause 1 (3) of this scheme limited membership to Hospice Care clinical officers only. This scheme was also under the management of the CSC. The Isle of Man Government Unified Scheme 2011 (GUS) was made under the Superannuation Act 2011 by the CSC. This scheme was made as an amalgamation of the existing pension rights and provisions of a number of public sector pension schemes, including the Hospice Care Superannuation Scheme 2001.

Subsequently to the scheme being made, the Public Sector Pensions Authority (PSPA) was appointed Scheme Manager of the Isle of Man Government Unified Scheme 2011 upon its inception in l 2012. Since being appointed Scheme Manager of the Isle of Man Government Unified Scheme 2011, the PSPA has made no changes to the membership criteria of those employees who are / were covered by the Hospice Care Superannuation Scheme 2001. Please quote the reference number 2648649 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me.

Further information about freedom of information requests can be found at www.gov.im/foi. I will now close your request as of this date.

FOI Coordinator Public Sector Pensions Authority