Tynwald Member Pension Data and Scheme Fund Information

Summary

The request sought detailed pension data for Tynwald members, including individual payouts and fund values. The authority disclosed total annual pension benefits from 2012 to 2017 and monthly income figures, but withheld individual member data citing privacy exemptions and clarified that most public sector schemes are unfunded.

Key Facts

• Total pension benefits paid to retired MHKs and MLCs increased from £750,124 in 2012/13 to £917,652 in 2016/17.
• Individual pension amounts per member were withheld as absolutely exempt personal information under Section 25(2) of the Act.
• Public sector pension schemes managed by the PSPA are unfunded arrangements with no associated fund to value.
• Income received into the schemes in October 2017 was £5,295,805 from employee and employer contributions.
• The last actuarial report is available publicly on the PSPA website.

Data Disclosed

• £750,124
• £767,399
• £780,155
• £818,062
• £917,652
• £5,295,805
• 2017-10-28
• 2017-11-17
• 1 April 2012 to 31 March 2013
• 1 April 2016 to 31 March 2017
• October 2017
• Section 25 (2)
• Data Protection Act 2002
• Freedom of Information Act 2015

Exemptions Cited

• Section 25 (2) of the Freedom of Information Act 2015 (absolutely exempt personal information)
• Data Protection Act 2002 (fairness and privacy expectations)

Data Tables (1)

Full Response Text

Public Sector Pensions Authority
Freedom of Information Act 2015 (the Act)
Request Reference IM108546I

Thank you for your online request received on 28 October 2017 for the following information:

What is the total pension paid out to what were mhks and mlcs The amount paid to each member per year A copy of the last actuarial report. The current value of the public sector pension fund. How much is being received in each month The amount being paid out each month

Response to your request

Taking each question in turn, I would respond as follows:

“What is the total pension paid out to what were mhks and mlcs”

Whilst our aim is to provide information whenever possible, in this instance, complying with your request for information would require the Public Sector Pensions Authority to undertake substantial compilation or collation of the information that it holds, which the Public Sector Pensions Authority is not required to do under the Act.

However, we do hold the figure in each year which is the total amount of pension instalments that were paid to retired Members of the House of Keys and Members of the Legislative Council, or in the event of a death paid to beneficiaries, from either the Tynwald Membership Pension Scheme 1985, the Tynwald Membership Pension Scheme 1995 and after the 23 September 2016, the Isle of Man Government Unified Scheme 2011.
These are shown in the table for the years from April 2012.

Chief Executive Officer Ian T Murray BCom (Hons), APMI 3rd Floor Prospect House 27-29 Prospect Hill Douglas, ISLE OF MAN, IM1 1ET Enquiries: (01624) 687023 Fax: (01624) 685761

Website: www.pspa.im

Date: 17 November 2017 Public Sector Pensions Authority Lught-reill Penshynyn y Cherroo Theayagh

Period
Total Pension Benefits
1 April 2012 to 31 March 2013 £750,124 1 April 2013 to 31 March 2014 £767,399 1 April 2014 to 31 March 2015 £780,155 1 April 2015 to 31 March 2016 £818,062 1 April 2016 to 31 March 2017 £917,652

The amount paid to each member per year

Whilst our aim is to provide information whenever possible, in this instance we are unable to provide any of the information you have requested because it is absolutely exempt under section 25 (2) of the Act (absolutely exempt personal information).

The Public Sector Pensions Authority has determined that the pension of all pensioners amounts to personal data for the purposes of the Data Protection Act 2002. Personal data can only be released, in these circumstances, where it would be fair and lawful to do so and where it would comply with one of the Schedule 2 conditions within that Act. We have assessed that disclosure of this information would not be fair and therefore do not need to continue to consider whether it would be lawful or whether any Schedule 2 conditions would be met.

In assessing the fairness of disclosure we have considered the following factors:

 That an individual has a general expectation that the level of their pension will remain private. Disclosure of this information would contravene that expectation and cause an intrusion into the privacy of the data subject which may lead to some distress.

 Whilst the role is public facing, with a greater degree of accountability, the exact level of pension is of a private nature and is at the same grade as other non-public facing roles.

 The information was obtained in circumstances that imply a duty of confidentiality and it is expected that the information would remain confidential. There is no legitimate interest in disclosure of the exact figure that isn’t met in any event by the information being disclosed in response to this request.

 Whilst the Freedom of Information Act 2015 promotes transparency and accountability and therefore there may be some public interest in the individual pensions for MHK’s and MLC’s being disclosed, it is not sufficient to outweigh an individual’s right for this information to remain private.

Further information on how the pension benefits for Tynwald Members (Section 8 and 8a) are calculated in the Isle of Man Government Unified Scheme 2011 is explained in the Scheme Guide which can be viewed on the PSPA Website here.

A copy of the last actuarial report A copy of the last actuarial report can be accessed on the Pension Scheme Valuations area on the PSPA website here: https://www.gov.im/about-the-government/statutory- boards/public-sector-pensions-authority/about-the-pspa/pension-scheme-valuations/ The current value of the public sector pension fund.

Public Sector Schemes are unfunded arrangements (with the exception of the Isle of Man Local Government and Post Office Pension Schemes, both of which are not managed and administered by the PSPA) and therefore have no associated pension fund to value. The contributions paid by active members and employers of Government are used to meet the cost of benefits in payment, and the balance of the cost is met by the Isle of Man Government.

How much is being received in each month The amount of income received into the public sector pension schemes managed by the PSPA in October 2017 was £5,295,805 as a combination of contributions from employees and Government employers. Please note that the income received each month varies, due to movements in memberships and changes in the pay on which pension contributions are paid. The PSPA reports the income into each of the Schemes within its Operational Reports, which are published on the PSPA website here: https://www.gov.im/about-the-government/statutory-boards/public- sector-pensions-authority/about-the-pspa/who-is-the-public-sector-pensions-authority/pspa- operational-reports/ The amount being paid out each month Expenditure from the public sector pension schemes managed by the PSPA in October 2017 was £8,148,970. Please note that the expenditure made in each month varies, due to movements in memberships. The PSPA reports the expenditure from each of the Schemes in its Operational Reports, which are published on the PSPA website here: https://www.gov.im/about-the-government/statutory-boards/public-sector-pensions- authority/about-the-pspa/who-is-the-public-sector-pensions-authority/pspa-operational- reports/ 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 to me at FOI.PSPA@pspa.im. An electronic version of our complaint form can be found at www.gov.im/foireview.
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.
Yours sincerely

FOI Co-Ordinator Public Sector Pensions Authority