NOTE: The explanation on this page is an accurate portrayal of the procedures in operation up until 31st March 2008. As of the 1st April 2008, a 'new' Local Government Pension Scheme is being introduced which will NOT recognise the validity of said certificates. In order to replace the certificates, regulations for the new pension scheme state that where a member's salary drops or is restricted within 10 years of leaving, they can choose to have their benefits calculated on the highest 3 consecutive average salaries  (1st April to 31st March pay period). The employer does not need to issue a certificate for the member to be able to do this.

What is a Certificate of Protection?

A Certificate of Protection of Pension Benefits is intended to protect, for a period of up to 10 years, pension rights accrued by a scheme member who has been forced to accept a lower rate of pay or whose pay has been restricted. An example for an officer could be a demotion, the downgrading of a post or the withholding of an increment or a pay award. An example for a manual employee could be a demotion from Driver to other duties due to a failed PSV medical review or a Cook Supervisor demoted to Cook.

Issuing the Certificate

Your employer can issue a certificate without you needing to request one first. Having said that, you do not have to wait for your employer to make the first move; assuming your circumstances are suited to the issuing of a certificate of protection, you can always apply for one yourself. Regardless of how you receive your certificate, it must be issued within 12 months of the date of change (the date from which your pay is reduced). Three copies of a certificate are produced; one copy is sent to you, the employee, a second copy is retained by your employer and a third copy is sent to Devon Pension Services. Throughout this whole process, it should be noted that the issuing of a Certificate of Protection is the employer's responsibility; NOT that of Devon Pensions Services.

The Protection

Members leaving/retiring from the scheme within 10 years of the date of change
If you are due to retire or otherwise leave the scheme within 10 years of a Certificate of Protection being issued, your final pensionable salary shall be the highest of the following -

• the best of any one complete year (continuous period of 365 days), within a period of five years from the date of protection, up to your final day of membership in the scheme; or
• the annual average of any three consecutive years falling within a span of 13 years membership before the date of leaving (of which, the one or three year period must end on the same date and month as that of the date of leaving).

Members leaving/retiring from the scheme after 10 years of the date of change
If you leave or retire from the scheme after the 10 year protection period has elapsed, you will be treated the same as any other scheme member leaving the scheme before the Certificates of Protection were issued. Your final pensionable salary shall be -

• the last 365 days pensionable pay of your current employment as at the date of leaving; or
• the best of any one year from the previous two years up to your date of leaving/retirement.

It should be noted that if your pensionable pay ever surpasses that of your pay at the time of protection, the Certificate of Protection shall cease to apply. Any future pension benefits shall be calculated on this new higher rate of pay (or whatever pay you finally leave/retire on, as outlined in the "Members leaving/retiring from the scheme after 10 years of the date of change" section).