Skip to main contentCambridge University Reporter

No 6167

Wednesday 18 November 2009

Vol cxl No 8

pp. 229–252

Notices

Calendar

24 November, Tuesday. Discussion at 2 p.m. in the Lady Mitchell Hall, Sidgwick Avenue (see below).

28 November, Saturday. Congregation of the Regent House at 2 p.m.

29 November, Sunday. End of the third quarter of Michaelmas Term.

4 December, Friday. Full Term ends.

8 December, Tuesday. Discussion at 2 p.m. in the Senate-House.

19 December, Saturday. Michaelmas Term ends.

Notice of a Discussion on Tuesday, 24 November 2009

The Vice-Chancellor invites those qualified under the regulations for Discussions (Statutes and Ordinances, p. 107) to attend a Discussion in the Lady Mitchell Hall, Sidgwick Avenue, on Tuesday, 24 November 2009, at 2 p.m., for the discussion of:

1. Report of the General Board, dated 7 October 2009, on the establishment of a British Heart Foundation Professorship of Cardiovascular Medicine (Reporter, p. 211).

2. Report of the General Board, dated 4 November 2009, on the establishment of a Professorship of Pure Mathematics (Reporter, p. 212).

3. Report of the General Board, dated 4 November 2009, on the establishment of a Sir Arthur Marshall Visiting Professorship of Sustainable Urban Design and related matters (Reporter, p. 212).

4. Joint Report of the Council and the General Board, dated 27 October 2009, on disciplinary, dismissal, and grievance procedures (Reporter, p. 131).

Retrospectivity concerning the LL.M. Degree: Notice

The Registrary gives notice that, under the provision of Statute T, 48 (Statutes and Ordinances, p. 75: see Reporter, 1984–85, p. 38), the following holder of the LL.B. Degree, who satisfied the Examiners for the LL.B. Examination before 1 October 1982, has now been redesignated as a holder of the LL.M. Degree:

DOWNING COLLEGE

Reah, David James

Cambridge University Assistants Contributory Pension Scheme (CPS): Notice

16 November 2009

The power to amend the rules of the Cambridge University Assistants Contributory Pension Scheme (CPS) lies with the University provided that the changes are approved by two-thirds of the members of the CPS Managing Committee (Statutes and Ordinances, p. 158). The proposed changes referred to below were considered and approved by the Committee on 30 October 2009. Changes, except for those required to ensure the scheme maintains its tax approved status are required to be made by Grace.

The main purpose of the changes now proposed is to make the amendments required in respect of the changes to the benefits which will accrue to new entrants after 30 November 2009. The existing rule relating to the linking of service for former members of the CPS who return to employment which gives eligibility for membership of the CPS within 12 months of leaving the scheme will remain in place and so anyone in this position whose original date of joining the CPS is prior to 1 December 2009 will continue to accrue benefits on the existing basis.

At present University employees in posts which give eligibility for the CPS are not able to join if they are under age 18. There is existing provision within the CPS rules to deem this group of staff eligible to join the CPS so that they will be able to join before 1 December 2009. Additionally it is proposed that the minimum age at which an employee becomes eligible to join the CPS should be reduced from 18 to 16 with effect from 1 December 2009.

With effect from April 2009 the rules of the CPS were amended to permit salary exchange for employee pension contributions. Further amendments to the rules are proposed so that at a future date this may be extended to additional voluntary contributions.

It is also proposed to amend the rules to take advantage of the changes being introduced with effect from 1 December 2009 to make it easier for very small pensions to be commuted to a one off lump sum on retirement.

Following the replacement of the University as trustee by the CU Pension Trustee last year (Grace 2 of 6 August 2008) some amendments are required to tidy up the rules and these are also included. The opportunity has also been taken to tidy up the rules generally.

The Council has submitted a Grace (Grace 1, p. 243) for the approval of the amendments to the rules of the Cambridge University Assistants Contributory Pension Scheme and for subsequent amendment to the Ordinance for the Scheme (Statutes and Ordinances, p. 158) as set out in the following Schedule.

SCHEDULE

Cambridge University Assistants Contributory Pension Scheme

The following amendments to the Ordinance and the Rules of the Cambridge University Assistants Contributory Pension Scheme (“Scheme”) (as adopted by a Grace dated 3 December 1999 and subsequently amended) are made with the approval of at least two-thirds of the Managing Committee pursuant to Rule 5 of the Rules of the Scheme.

RECITALS

(A)The University wishes to amend certain Rules to conform them to current legislation, to amend Rule 8 {appointment and removal of trustee}, to make certain minor amendments to the Ordinance which governs the Scheme, to introduce amended benefits for new Members joining and Former Members rejoining on or after 1 December 2009 and to provide for Additional Voluntary Contributions to be capable of being subject to salary sacrifice.

(B)The amendments set out below have effect on 1 December 2009 being on or after the effective date of the Grace dated 18 November 2009 by which they were adopted by the University save where the amendments themselves specify a different effective date.

(C)The alterations to be effected by this document are alterations to which the subsisting rights provisions of the Pensions Act 1995 (as defined in section 67 of that Act, as amended by the Pensions Act 2004) do not apply (by virtue of regulations made under section 67) or which are not ‘regulated modifications’ as defined in section 67A of the Pensions Act 1995.

(D)The Actuary has confirmed in writing that this document does not affect the continued satisfaction by the Scheme of the statutory standard in accordance with section 12A of the Pension Schemes Act 1993 or the conditions of section 9(2B) of that Act.

(E)Words and expressions used in this document have the same meanings as they do in the Rules save where the context otherwise requires.

OPERATIVE CLAUSES

1. Amendments to the Ordinance

1.1The words of clause 2 of the Ordinance governing the Scheme are deleted and replaced by:

“The Trustee of the Scheme shall be C U Pension Trustee Limited (Company No. 6600561) the registered office of which is at The Old Schools, Trinity Lane, Cambridge, CB2 1TS or another person or persons appointed by the University under Rule 8 {appointment and removal of trustee} and shall hold the Fund on trust to apply it in accordance with the provisions of the Scheme.”

1.2The proviso to clause 3 of the Ordinances governing the Scheme, reading “provided that their contract with the University, or other Employer, is for a period of not less than one year” is deleted.

2. Amendments to conform the Rules to current legislation

2.1The following definition is added to Rule 1:

“ “2004 Act” means the Pensions Act 2004.”

2.2The words “the Minimum Funding Requirement taking into account the cost of the additional benefits” are deleted from Rule 6.2 {augmentation}.

2.3The words of Rule 7.1 {reviews and reduction of surplus} are deleted and replaced by “The Trustee may make an authorised surplus payment out of the Scheme if the payment qualifies as such for the purposes of section 177 of the Finance Act 2004 and regulations made under that section.”

2.4Rule 20.3 {bank accounts} is deleted.

2.5Rule 27.2 {admission of employers} is amended by:

2.5.1adding “and the 2004 Act” after “under the 1995 Act” in Rule 27.2(b);

2.5.2adding “or the 2004 Act” after “under the 1995 Act” in Rule 27.2(c)(i);

2.5.3adding “and the 2004 Act” after “under the 1995 Act” in Rule 27.2(c)(ii);

2.5.4deleting the words “under section 35(5)(b) 1995 Act” from Rule 27.2(c)(vii) and replacing them with “regulation 2 of the Occupational Pension Schemes (Investment) Regulations 2005 [SI 2005/3378]”; and

2.5.5deleting the words “paragraph (a) of section 58(4), 1995 Act” from Rule 27.2(c)(viii) and replacing them with “paragraph (5) of regulation 10 of the Occupational Pension Schemes (Scheme Funding) Regulations 2005 [SI 2005/3377]”.

2.6The words “in the manner prescribed by Rules for the purpose of section 56(3), 1995 Act {minimum funding requirements}” are deleted from Rule 30.4(a) {transfers from the Scheme} and replaced by “in the manner prescribed by regulations made under section 97 of the 1993 Act relating to the calculation of cash equivalents”.

2.7The words “the Section and Act under which it is approved” are deleted from Rule 30.8 {transfers from the Scheme} and replaced by “that it is a registered pension scheme within the meaning of section 150 of the Finance Act 2004.”

2.8The words “he is at least 18 years old” are deleted from Rule 43.1 {eligibility and admission} and replaced by “he is at least 16 years old”.

2.9The words of Rule 43.1(e) {eligibility and admission} concerning concurrent membership of other pension schemes are deleted.

2.10The words of Rule 46.1(d) {termination of membership} concerning concurrent membership of a personal pension scheme are deleted.

2.11The proviso to Rule 61.2 {death in service lump sum} is deleted and the words of Rule 61.2(a)(ii) are deleted and replaced by:

“(ii)all the Member Contributions paid by the Member, that part of any contributions received under Rule 29 {transfers to the scheme} which represents contributions paid by the Member and a sum equal to the Member Contributions which the Member would have paid had he not participated in a Salary Sacrifice Arrangement under Rule 57A together in each case with Interest, but excluding any contributions refunded to the Member;”

2.12The words of Rule 63.2(a)(i) {death of deferred pensioner} are deleted and replaced by:

“(i)all the Member Contributions paid by the Deferred Pensioner, that part of any contributions received under Rule 29 {transfers to the scheme} which represents contributions paid by the Deferred Pensioner and a sum equal to the Member Contributions which the Deferred Pensioner would have paid had he not participated in a Salary Sacrifice Arrangement under Rule 57A together in each case with Interest, but excluding any contributions refunded to the Deferred Pensioner.”

2.13The cross reference to Rule 62.3 {death of a pensioner or a postponed pensioner} in Rule 64.1 {reduction of spouse’s pension} is corrected to Rule 62.4.

2.14The cross references to Rule 61.5 {death in service}, to Rule 62.6 {death in retirement} and to Rule 63.5 {death in deferment} in Rule 65.2(b) {benefits for children} are corrected to Rules 61.3, 62.4 and 63.3 respectively.

3. Appointment and Removal of Trustee

3.1Rule 8 {appointment and removal of trustee} is deleted and is replaced by:

“8 Appointment and removal of Trustee

8.1The University has the power by Grace to appoint a new or additional Trustee and to remove a Trustee provided that, unless a body corporate is the sole Trustee, the number of Trustees shall not be less than two.

8.2A body corporate (whether or not a trust corporation) may remain or be appointed sole Trustee.

8.3Every Trustee shall on ceasing to be a Trustee execute such documents and do all such things as may be necessary to give effect to such cessation and to vest the Fund in the continuing Trustees.

8.4The body of Trustees are the Managing Committee of the Scheme but if the Scheme has a body corporate as its sole Trustee the board of directors of the body corporate shall be the Managing Committee.”

3.2The definition of Trustee in Rule 1.1 is deleted and replaced by:

“ “Trustee” means C U Pension Trustee Limited or the trustee or trustees for the time being of the Scheme and includes, where the context requires, the directors for the time being of a corporate trustee.”

3.3C U Pension Trustee Limited replaced the University as the sole Trustee of the Scheme on 15 August 2008 being the effective date of a Grace submitted to Regent House on 6 August 2008.

4. Commutation of benefits

4.1The following sentence is added to Rule 57.5 {trivial commutation}:

“The Trustee may make a payment or payments to or in respect of a Member or Former Member which are described in one or more of regulations 6, 9, 10, 11 and 12 of the Registered Pension Schemes (Authorised Payments) Regulations 2009 [SI 2009/117] whereby such payments are classified either as trivial commutation lump sums or as trivial lump sum commutation death benefits.”

5. Benefits for Members joining on and after 1 December 2009

5.1The following sub-Rules are added to the Rules to provide amended benefits for Members joining and Former Members rejoining the Scheme on or after 1 December 2009.

5.2The following sentences are added to sub-Rules 48.4 and 48.5 and a new sub-Rule 48.7 is added to Rule 48 {resumption of membership} as follows:

Added to Rule 48.4:

“If the Deferred Pensioner had been a Member before 1 December 2009 and would, but for this Rule 48.4, recommence Membership on the basis that he would be entitled to a pension under Rule 52.5 {80th accrual rate} he shall nonetheless be treated as entitled to benefits on the basis which applied before 1 December 2009.”

Added to Rule 48.5:

“If the Deferred Pensioner had been a Member before 1 December 2009 and would, but for this Rule 48.5, recommence Membership on the basis that he would be entitled to a pension under Rule 52.5 {80th accrual rate} he shall nonetheless be treated as entitled to benefits on the basis which applied before 1 December 2009.”

“48.7A person who was a Member on 1 December 2009 and who on or after that date becomes employed on a temporary contract by an Employer which would make him eligible for membership of the Universities Superannuation Scheme shall nonetheless remain a Member until either the contract is made permanent or it is terminated. The Member shall be treated as a Deferred Pensioner from the time when his contract becomes permanent or from the time when it is terminated, save that the Member shall be treated as continuing in Membership without any interruption in Pensionable Service if he is immediately engaged by an Employer on a new contract which entitles him or would entitle him to automatic entry to the Scheme under Rule 42 {eligibility and admission}.”

5.3New sub-Rules 50.8, 50.9 and 50.10 are added to Rule 50 {calculation of short service benefit} as follows:

“50.8A Member who joins the Scheme on or after 1 December 2009 and in relation to the Pensionable Service of a Former Member who rejoins the Scheme on or after that date and whose Pensionable Service in either case is terminated shall be entitled to a retirement lump sum calculated under Rule 57.7 and this Rule 50.8 unless he is entitled to an immediate pension under Rule 52 {normal retirement pension}, or Rule 54 {early retirement} or Rule 55 {late retirement} or elects to transfer his Cash Equivalent under Rule 30 {transfers from the Scheme}. The amount will be calculated under Rule 57.7 {retirement lump sum} by reference to his Final Pensionable Salary and Pensionable Service at the date his Membership ends.

50.9A deferred retirement lump sum calculated under Rule 50.8 will be revalued during the period between the date Membership ends and when his deferred pension begins to be paid. The retirement lump sum will be revalued in respect of each completed period of 12 months since the date Membership ended by 12% or, if less, the proportionate increase in the Index over the most recent period of 12 months in respect of which such information has been published at that date. A deferred retirement lump sum shall not be revalued in respect of any period of fewer than 12 months since Membership ended or in respect of any period of fewer than 12 months since the most recent anniversary of that date.

50.10 Rules 50.4, 50.5 and 50.7 shall apply with appropriate modifications in relation to the retirement lump sum of a Deferred Pensioner, permitting the Managing Committee in its discretion to disapply the limit of 12% per annum in Rule 50.9 in respect of any revaluation period, permitting the early payment of the retirement lump sum at the same time as the deferred pension on early retirement but subject to an actuarial reduction for early payment and permitting a retirement lump sum to be paid at the same time as the deferred pension under Rule 55 {late retirement}.”

5.4A new sub-Rule 52.5 is added to Rule 52 {normal retirement pension} as follows:

“52.5A Member who joins the Scheme on or after 1 December 2009 and a Former Member who rejoins the Scheme on or after that date shall be entitled to a pension under the foregoing provisions of this Rule in respect of his Pensionable Service on and after that date as though the words “his 60th birthday but no later than” were omitted from Rule 52.1 and as though the accrual rate set out in Rule 52.2 were 1/80th of the Member’s Final Pensionable Salary in place of 1/60th of Final Pensionable Salary.”

5.5A new sub-Rule 53.8 is added to Rule 53 {incapacity and ill-health pension} as follows:

“53.8 A Member who is entitled to a retirement lump sum under Rule 57.7 {retirement lump sum} and to whom a pension starts to be paid under the foregoing provisions of this Rule shall be paid his retirement lump sum at the same time. The retirement lump sum shall be calculated by reference to the same period of Pensionable Service as is used under Rule 53.2 or Rule 53.4 as appropriate.”

5.6A new sub-Rule 54.4 is added to Rule 54 {early retirement} as follows:

“54.4In relation to a Member who joins the Scheme on or after 1 December 2009 and in relation to the Pensionable Service of a Former Member on and after that date who rejoins the Scheme on or after that date Rules 54.1(a) and (b) shall be treated as amended to provide for early retirement between the ages of 55 and 65 and Rule 54.1(c) shall not apply. Rule 54.3 shall be read and construed substituting “65th birthday” for “60th birthday” in the first sentence, the second sentence shall be deemed to be deleted and the cross reference to Rule 54.1(c) in Rule 54.2 shall be deemed to be deleted.”

5.7A new sub-Rule 57.7 is added to Rule 57 {lump sum on retirement} as follows:

“57.7A Member who joins the Scheme on or after 1 December 2009 and a Former Member who rejoins the Scheme on or after that date shall receive a lump sum in addition to his pension when his pension starts to be paid under Rule 52 {normal retirement pension}, Rule 54 {early retirement} or Rule 55 {late retirement}. The lump sum shall be equal to 3/80ths of his Final Pensionable Salary in respect of each completed year of his Pensionable Service on or after 1 December 2009 (and so in proportion for any additional completed days of Pensionable Service) and shall be adjusted by such amount as the Trustee shall decide after consulting the Actuary if the Member, Deferred Pensioner or Postponed Pensioner receives his lump sum on any date other than the date on which he attains his Normal Pension Age.”

5.8A new sub-Rule 61.2(d) is added to Rule 61.2 {death of member} as follows:

“(d) n relation to a Member who joined the Scheme on or after 1 December 2009 and in relation to a Former Member who rejoined on or after that date “3 times” shall be substituted for “4 times” in Rule 61.2(a)(i) and Rule 61.2(a)(ii) shall be deemed to be deleted.”

5.9A new sub-Rule 61.3(d) is added to Rule 61.3 {spouse’s death in service pension} as follows:

“(d)In relation to a Member who joined the Scheme on or after 1 December 2009 and in relation to the Pensionable Service of a Former Member on and after that date who rejoined on or after that date, the words “two-thirds of the pension which would have accrued to the Member” are deemed to be deleted and replaced by “one half of the pension which would have accrued to the Member.” ”

5.10A new sub-Rule 62.4(d) is added to Rule 62 {death of pensioner or postponed pensioner} as follows:

“(d)In relation to a Member who joined the Scheme on or after 1 December 2009 and in relation to the Pensionable Service of a Former Member on and after that date who rejoined on or after that date, the words “two-thirds of the Pensioner’s pension” in Rule 62.4(a) are deemed to be deleted and replaced by “one half of the Pensioner’s pension.” ”

and the words “and if the Postponed Pensioner was entitled to a retirement lump sum under Rule 57.7 {lump sum on retirement} Rule 25 {discretionary trust of lump sums} applies” are added at the end of Rule 62.7.

5.11A new sub-Rule 63.3(d) is added to Rule 63 {death of deferred pensioner} as follows:

“(d)In relation to a Deferred Pensioner who joined or rejoined the Scheme on or after 1 December 2009 and in respect of his Pensionable Service on and after that date the words “two-thirds of the Deferred Pensioner’s deferred pension” are deemed to be deleted from Rule 63.3(a) and replaced by “one half of the Deferred Pensioner’s deferred pension” and Rule 63.2(a)(i) is deemed to be deleted.”

6. Additional Voluntary Contributions subject to Salary Sacrifice

6.1A new sub-Rule 57A.3(c) is added to Rule 57A {salary sacrifice} as follows:

“(c)subject to the agreement of his Employer, a Member’s Additional Voluntary Contributions may be included in a Salary Sacrifice Arrangement; and”

and in consequence the “and” is deleted from the end of the preceding paragraph (b) and the existing paragraph (c) becomes paragraph (d).

Christmas and New Year Closing: Notice

University Computing Service

The Computing Service will be closed from 12.30 p.m. on Thursday, 24 December 2009 until 9 a.m. on Monday, 4 January 2010.

Lecture-list for the Lent Term 2010: Notice

A Special number of the Reporter will be published on 8 January 2010 containing:

(a)amendments of the details, given in the Lecture-list published as Special No. 1 on 18 September 2009, of courses to be given in the Lent and Easter Terms 2010 and

(b)a full list of the Long Vacation courses.

Secretaries of Faculty Boards and other authorities and Heads of Departments are requested to send their copy of the above to the Head of Section, Education Section, at 9 Jesus Lane, on or before 25 November 2009. Any corrections to the proof of the Lecture-list should be sent to the Head of Section so as to reach her not later than 5 January 2010; corrections received after that date will not be included in the Special number to be published on 8 January 2010.

Awards, Funds, Studentships, and Prizes (Reporter, Special No. 6): Correction

It is regretted that the entry for Robinson College (p. 75) is incorrect. The Lewis Graduate Scholarship is only offered once every three years, and is not available in 2009–10.