A to C - D to H - I to K - L to Q - R to Z
| L97 | The Local Government Pension Scheme Regulations 1997 |
| L95 | The Local Government Pension Scheme Regulations 1995 |
| L86 | The Local Government Superannuation Regulations 1986 |
| TP | The Local Government Pension Scheme (Transitional Provisions) Regulations 1997 |
| DC | The Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000 |
| DP | The Local Government (Discretionary Payments) Regulations 1996 |
| MI | The Local Government Pension Scheme (Management and Investment of Funds) Regulations 1998 |
Example:
L97 : 31 means reg 31 of the Local Government Pension Scheme Regulations
1997
To view the full text of any particular appeal determination please click on the relevant reference number (Ref. No) in the appeals index.
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Subject
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Main Points
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Ref.No
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Content & Regulation
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Ill Health |
Medical condition at time of leaving 1) History of back pain/spondylolisthesis 2) Surgery unsuccessful, unable to state permanent 3) Appeal dismissed |
L97:27 |
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Ill- Health |
Medical condition at time of leaving 1) Deferred benefits paid early on ill-health 2) Claim no deterioration in condition from leaving 3) Appeal dismissed – condition had deteriotated |
L95:D7 |
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Ill-Health |
Refused application for ill-health retirement 1) Employee still in employment 2) Appeal dismissed (outside scope of LGPS) |
L95:D7 |
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Ill-Health |
Medical condition at time of leaving 1) Back problem 2) Medical exam confirmed back pain but treatable 3) Appeal Dismissed |
L86:E2 |
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Ill-Health |
Medical condition at time of leaving 1) Refused offer of alternative lighter duties 2) Medical exam confirmed permanent illness 3) Appeal allowed |
L95:D7 |
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Ill-Health |
Medical condition at time of leaving 1) History of thyriod problems, retired age 60 2) Medical exams concluded thyriod problem treatable 3) But cause of depression - unlikely to improve 4) Appeal allowed |
L95:D7 |
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Ill-Health |
Medical condition at time of leaving 1) History of depression with alcohol misuse 2) Exam concluded prolonged adjustment disorder 3) Appeal allowed |
L95:D7 |
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Ill-Health |
Medical condition at time of leaving 1) Redundancy retirement-Ill-health not considered 2) Member claimed arthritis and depression illness 3) Appeal dismissed – illness not permanent |
L86:E2 |
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Ill-Health |
Medical condition at time of leaving 1) Awarded deferred benefits paid early 2) Medical exam concluded permanent ill-health 3) Appeal allowed – Ill-health plus enhancements |
L95:D7 |
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Ill-Health |
Medical condition at time of leaving 1) Suffering from chronic fatigue syndrome 2) Medical exam – concluded condition was treatable 3) Appeal dismissed |
L95:D7 |
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Ill-Health |
Medical condition at time of leaving 1) Injured in cycle accident 2) Deferred Benefits paid early on ill-health 3) Medical confirmed injury but treatable 4) Appeal dismissed |
L95:D7 |
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Ill-Health |
Medical condition at time of leaving 1) Minor fracture of wrist – employed as bus driver 2) Medical exam not conclusive 3) Appeal dismissed |
L95:D7 |
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Ill-Health |
Medical condition not permanent 1) Member applied for early payment of deferred bens 2) History of clinical depression 3) Medical exams – disagreement on permanency 4) Appeal allowed -. (age of member factor) |
L95:D11 |
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Ill-Health |
Employment not terminated on health grounds 1) Dismissed for gross misconduct 2) Appeal dismissed |
L95:D7 |
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Ill-Health |
Medical condition at time of leaving 1) Back & neck pain due to accident 2) Medical exam confirmed disability 3) Appeal allowed |
L95:D7 |
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Ill-Health |
Medical condition at time of leaving 1) Medical exam confirmed depression 2) Council disputed findings – 3) Appeal allowed – (can not take account of cause) |
L95:D7 |
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Ill-Health |
Medical condition at time of leaving 1) History of depression and anxiety 2) Medical concluded condition treatable 3) Appeal dismissed |
L95:D7 |
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Ill-Health |
Medical condition at time of leaving 1) History of illness 2) Medical exam inconclusive 3) Appeal dismissed |
L95:D7 |
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Ill-Health |
Medical condition at time of leaving 1) Deferred benefits paid early on health grounds 2) Medical concluded condition existed on leaving 3) Appeal allowed – ill-health plus enhancement |
L95:D7 |
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Ill-Health |
Medical condition at time of leaving 1) History of back pain 2) Ability to carry out duties with restrictions 3) Appeal dismissed |
L95:D7 |
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Ill-Health |
Medical condition at time of leaving 1) History of ill-health - Council refused I/H award 2) Accepted voluntary redundancy – under 50 3) Appeal allowed – ill-health plus enhancement |
L86:E2 |
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Ill-Health |
Medical condition re early payment of deferred benefits 1) Serious health problem, cause unidentified 2) Unable to reach decision until accurate diagnosis 3) Appeal dismissed |
L95:D11 |
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Ill-Health |
Medical condition at time of leaving 1) History of hypertension and back pain 2) Medical exam concluded treatable 3) Appeal dismissed |
L95:D7 |
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Ill-Health |
Medical condition at time of transfer 1) Applied for ill-health before TUPE transfer 2) Application refused – deferred benefits on transfer 3) Appeal allowed – ill-health with enhancement |
L86:E2 |
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Ill-Health |
Medical condition at time of leaving 1) Member employed as bus driver 2) Heart condition resulted in loss of PVS licence 3) Deferred benefits paid early on health grounds 4) Appeal allowed – ill-health with enhancement |
L95:D7 |
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Ill-Health |
Medical condition at time of leaving 1) PCV licence revoked after DVLA medical 2) Member requires coronary artery bypass grafts 3) Appeal dismissed – unable to decide at this stage
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L95:D7 |
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Ill-Health |
Medical condition at time of leaving 1) Member ceased employment – with deferred bens 2) Deferred benefits paid early on health grounds 3) Appeal allowed – ill-health with enhancement |
L95:D7 |
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Ill-Health |
Member applied for Ill-health benefits 1) Member resigned voluntarily 2) Appeal dismissed – |
L95:D7 |
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Ill-Health |
Medical condition at time of leaving 1) History of back problems 2) Employment terminated on redundancy grounds 3) Medical concluded condition permanent 4) Appeal allowed – ill-health with enhancement |
L86:E2 |
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Ill-Health |
Medical condition at time of leaving 1) Employment terminated–deferred benefits awarded 2) Early payment initially refused, subsequently paid 3) Appeal dismissed – not proven condition existed |
L95:D7 |
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Ill-Health |
Medical condition at time of leaving 1) Member claimed illness due to injury at work 2) Medical exam concluded permanent incapacity 3) Appeal allowed – ill-health with enhancement |
L95:D7 |
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Ill-Health |
Council appealed against Appointed Person’s decision 1) Appointed Person awarded ill-health benefits 2) Employment terminated re TUPE transfer 3) Appeal allowed – employment not ceased on I/H |
L95:D7 |
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Ill-Health |
Medical condition at time of leaving 1) History of hypertension 2) Employment terminated on grounds of incapacity 3) Member refused further investigations 4) Appeal dismissed – case not proven |
L95:D7 |
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Ill-Health |
Medical condition at time of leaving 1) Employment terminated on capacity grounds 2) Refused ill-health as unknown if illness permanent 3) Appeal dismissed - 6/12 mths review period |
L97:27 |
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Ill-Health |
Medical condition at time of leaving 1) Appointed person awarded ill-health benefits 2) Employer appeal against decision 3) Appeal dismissed |
L97:27 |
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Ill-Health |
Medical condition at time of leaving 1) History of diabetes and heart disease 2) Deferred benefits paid on health grounds 3) Appeal dismissed-no conclusive medical evidence |
L86:E2 |
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Ill-Health |
Medical condition at time of leaving 1) Employed as bus driver 2) Unable to drive due to shoulder problems 3) Appeal dismissed–medical evidence not conclusive |
L95:D7 |
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Ill-Health |
Medical condition at time of leaving 1) Ill-health benefits revoked by council 2) Replaced by dismissed on grounds of misconduct 3) Claimed dismissal should not take precedence 4) Appeal dismissed – dismissal is employment issue |
L95:D7 |
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Ill-Health |
Medical condition at time of leaving 1) History of illness due to stress 2) Medical reports considered wrong tests 3) Appeal allowed – (post 28 March 1997 case) |
L95:D7 |
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Ill-Health |
Medical condition at time of leaving 1) Employment terminated- deferred benefits awarded 2) History of stress related illness 3) Deferred benefits paid early on health grounds 4) Appeal dismissed- no conclusive medical evidence |
L95: |
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Ill-Health |
Medical condition at time of leaving 1) Employment terminated on grounds of incapacity 2) History of stress disorder 3) Appeal dismissed – no evidence of permanence |
L97:27 |
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Ill-Health |
Medical condition at time of leaving 1) Employment terminated on incapability grounds 2) Appointed Person awarded ill-health benefits 3) Employer appeals against A.P. decision 4) Appeal dismissed – upheld decision of A.P. |
L97:27 |
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Ill-Health |
Medical condition at time of leaving 1) Employed as bus driver – DVLC withdrew licence 2) Employment terminated on grounds of capability 3) Appeal dismissed – permanence not proven |
L97:27 |
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Ill-Health |
Medical condition at time of leaving 1) Employed as Bus driver – PCV licence revoked 2) Employment terminated on capability grounds 3) Appeal dismissed – no conclusive evidence |
L97:27 |
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Ill-Health |
Medical condition at time of leaving 1) Employment terminated after long term sickness 2) Medical reports unable to confirm permanence 3) Appeal dismissed |
L97:27 |
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Ill-Health |
Date employee ill-health became “permanent” 1) Employment terminated by mutual consent 2) Ill-health benefits therefore not payable 3) Early payment from date of permanence established
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L95:D7 |
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Ill-Health |
Medical condition at time of leaving 1) Employed as bus driver, history of cervical pain 2) Medical unable to confirm permanency 3) Appeal dismissed
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L97:27 |
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Ill-Health |
Medical condition at time of leaving 1) History of severe anxiety depression 2) Medical unable to confirm permanency 3) Appeal dismissed |
L95:D7 |
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Ill-Health |
Medical condition at time of leaving 1) History of depressive illness 2) Employment terminated on capability grounds 3) Appeal allowed – permanency proven on balance |
L97:27 |
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Ill-Health |
Medical condition at time of leaving 1) Appointed person awarded payment of I/H benefits 2) Employer appealed against decision 3) Appeal allowed – deferred bens paid early on I/H |
L97:27 |
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Ill-Health |
Medical condition at time of leaving 1) History of medical problems 2) Appeal dismissed – no conclusive evidence |
L97:27 |
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Ill-Health |
Medical condition at time of leaving 1) History of medical problems 2) Council refused request for ill-health retirement 3) Member resigned 4) Appeal dismissed – not proved illness permanent |
L97:27 |
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Ill-Health |
Medical condition at time of leaving 1) Employed as bus driver, PCV licence revoked 2) Employment terminated on grounds of incapability 3) Appeal dismissed – not proven illness permanent |
L97:27 |
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Ill-Health |
Member refused ill-health retirement 1) Member still employed 2) Therefore has not left by reason of ill-health 3) Can only be determined after leaving
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L97:27 |
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Ill-Health |
Medical condition at time of leaving 1) Employed as bus driver, PCV licence revoked 2) Member ceased employment 3) Appeal dismissed – not proven illness permanent |
L97:27 |
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Ill-Health |
Transferred to Rent Officer Service Agency 1) Employer investigating ill-health at time of transfer 2) Still employed at date of transfer 3) Appeal dismissed – not terminated on ill-health |
L97:27 |
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Ill-Health |
Medical condition at time of leaving 1) Employer refused retirement on ill-health 2) Decision overturned by Appointed Person 3) Employer appealed – A.P decision confirmed |
L95:D7 |
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Ill-Health |
Appointed Person overturned employers decision 1) Employed as bus driver taken off duties Nov 97 2) Employment terminated May 98-refused ill-health 3) A.P. awarded ill-health from Nov 1997 4) Appeal pt allowed - ill-health from May 1998 |
L97:27 |
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Ill-Health |
Medical condition at time of leaving 1) Claimed back injury due to accident at work 2) Medical condition that condition not permanent 3) Appeal dismissed – no conclusive proof |
L97:27 |
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Ill-Health |
Medical condition at time of leaving 1) Employed as bus driver involved in traffic accident 2) Licence withdrawn by DVLA for 5 yrs – resigned 3) Appeal dismissed – permanency not proven |
L97:27 |
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Ill-Health |
Medical condition at time of leaving 1) Employer refused ill-health overruled by A.P. 2) Employer appealed against A.P. decision 3) Appeal dismissed – entitled to ill-health benefits |
L97:27 |
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Ill-Health |
Medical condition at time of leaving 1) Ill-health refused – deferred bens paid 3 yrs later 2) Conflicting medical evidence 3) Council must reconsider and act properly |
L86:E2 |
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Ill-Health |
Reason for leaving employment (March 1997) 1) Long term sick, refused ill-health retirement 2) Employment outsourced transferred under TUPE 3) Appeal pt allowed-def bens paid from date of TUPE |
L95:D7 |
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Ill-Health |
Medical condition at time of leaving 1) History of medical problems 2) Problems not considered permanent 3) Appeal dismissed |
L97:27 |
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Ill-Health |
Member claimed ill-health retirement 1) Made redundant whilst on extended sick leave 2) Deferred benefits paid from following day 3) Appeal dismissed – termination employment issue |
L97:27 |
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Ill-Health |
Medical condition at time of leaving 1) Employed as bus driver 2) Employment terminated after continued absence 3) Deferred benefits paid early 18 mths later 4) Appeal dismissed – permanence not proven |
L95:D7 |
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Ill-Health |
Member claimed ill-health retirement 1) Employment terminated on grounds of misconduct 2) Member ill at time of termination 3) Appeal dismissed |
L95:D7 |
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Ill-Health |
Medical condition at time of leaving 1) History of ill-health on extended sick leave 2) Employment terminated on capability grounds 3) Appeal dismissed – permanency not proven |
L97:27 |
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Ill-Health |
Employer refused to consider ill-health 1) Issued with notice of redundancy, requested I/H 2) Redundancy confirmed, therefore not entitled to I/H 3) Appeal allowed – cannot decide without certificate |
L97:97(9) |
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Ill-Health |
Medical condition at time of leaving 1) Deferred benefits paid early on ill-health grounds 2) Current condition proved condition was permanent 3) Appeal dismissed – no exceptional case to review |
L86:E2 |
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Ill-Health |
Medical condition at time of leaving 1) Employed as diver, history of recurrent anxiety 2) Medical option that condition not permanent 3) Appeal dismissed |
L97:27 |
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Ill-Health |
Medical condition at time of leaving 1) Application for ill-health refused 2) Employment terminated 3) Appeal dismissed–condition not proven permanent |
L97:27 |
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Ill-Health |
Medical condition at time of leaving 1) Employed as bus driver, history of back pain 2) Employment terminated on grounds of capability 3) Appeal dismissed – “real chance of recovery” |
L97:27 |
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Ill-Health |
Medical condition at time of leaving 1) Employment terminated on redundancy grounds 2) Employee requested ill-health retirement 3) Medical opinions inconclusive 4) Appeal dismissed-ill-health not proven |
L97:27 |
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Ill-Health |
Medical condition at time of leaving 1) Employment terminated on grounds of incapacity 2) History of chronic fatigue syndrome 3) Appeal dismissed – not proven permanent |
L97:27 |
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Ill-Health |
Medical condition at time of early retirement 1) Member had asked for ill-health retirement 2) Subsequently took early retirement 3) Appeal dismissed – reason for leaving not I/H
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L97:27 |
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Ill-Health |
Medical condition at time of leaving 1) Employment terminated on capability grounds 2) Stress due to litigation against employer 3) Appeal dismissed – not likely to be permanent
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L95:D7 |
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Ill-Health |
Medical condition at time of leaving 1) Dispute regarding members duties 2) S.o.S view that no decision until resolved duties 3) Refer to new independent medical practitioner |
L97:27 |
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Ill-Health |
Medical condition at time of leaving 1) Deferred Bens subsequenty paid early on ill-health 2) No evidence condition existed at date of leaving 3) Appeal dismissed
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L97:27 |
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Ill-Health |
Medical condition at date of leaving 1) Employment terminated on capability grounds 2) Member on extended sick leave 3) Appeal dismissed – not proven permanent |
L97:27 |
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Ill-Health |
Employment terminated by matual agreement 1) Compensation paid for loss of employment 2) Employment terminated after extended sickness 3) Appeal dismissed-reason for leaving not I/H
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L97:27 |
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Ill-Health |
Medical condition at time of leaving 1) Employment terminated on medical incapability 2) Suffering from an anxiety/depressive illness 3) Conflicting medical evidence 4) Case referred back for independent medical
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L97:27 |
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Ill-Health |
Medical condition at time of leaving 1) Suffering from depression/anxiety 2) Medical evidence inconclusive as to permanence 3) Case referred back for independent medical
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L97:27 |
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Ill-Health |
Medical condition at date of leaving 1) Suffering from chronic syndrome/ME 2) Medical evidence inconclusive to permanence 3) Case referred back for independent medical |
L97:27 |
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Ill-Health |
Medical condition at date of leaving 1) Deferred Benefits paid early on ill-health 2) Back problems – conflicting medical opinions 3) Case referred back for independent medical |
L97:27 |
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Ill-Health |
Medical condition at time of leaving 1) Suffering from Chronic Fatigue Syndrome 2) Age 26, unable to certify unlikely to improve 3) Appeal dismissed – not proven permanent until 65 |
L97:27 |
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Ill-Health |
Medical condition at time of leaving 1) Suffering from anxiety/depression 2) Medical view that condition treatable 3) Appeal dismissed – not proven permanent
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L97:27 |
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Ill-Health |
Medical condition at time of termination on redundancy 1) This case had been referred back (see case 654) 2) Claimed that medical adviser not independent 3) Appeal dismissed – no conclusive evidence
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L97:27 |
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Ill-Health |
Independence of Medical adviser 1) Ill-Health retirement refused on medical advise 2) Adviser involved previously in disciplinary case 3) Case referred back for independent medical |
869 |
L97:97 |
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Ill-Health |
Medical condition at time of leaving 1) Suffered from injury to wrist unable to lift 2) Condition treatable, no timescale for healing 3) Appeal dismissed – not proven permanent |
L97:27 |
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Ill-Health |
Medical condition at time of leaving 1) Employed as a plumber, injury to shoulder 2) Conflicting medical evidence to permanence 3) Appeal dismissed – not proven permanent
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L97:27 |
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Ill-Health |
Council appealed against Appointed Persons decision 1) Appointed Person awarded ill-health benefits 2) Medical evidence not conclusive 3) Appeal allowed-condition not permanent
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L97:27 |
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Ill-Health Enhancement |
Claim for enhancement on benefits 1) Deferred benefits paid early on health grounds 2) Appeal dismissed |
L95:D11 |
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Ill-Health Enhancement |
Member claimed enhancement not correctly calculated 1) 8 yrs 340dys service plus purchased service & T.V 2) Council count all membership to calc enhancement 3) Appeal dismissed |
L97:28 |
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Ill-Health Enhancement |
Member claimed enhancement wrong and discriminatory 1) W/T membership of between 10yrs & 13yrs 122dys 2) Plus some P/T membership - 20 years reduced 3) Appeal allowed – entitled to benefit on full 20 yrs |
L97:28 |
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Ill-Health/Injury-allowance |
Medical condition at time of leaving 1) Knee problems due to accident at work 2) Medical exam confirmed injury permanent 3) Appeal allowed – Ill-health & injury |
L95:D7 |
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Ill-Heath |
Medical condition at time of leaving 1) Heart disease awaiting bypass operation 2) Unable to decide until after operation 3) Appeal dismissed – should be reassessed in 6 mths
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L95:D7 |
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Increased Lump Sum |
Refused option to exchange pension for lump sum 1) Joined LGPS 1986, however break in service 2) Option offered then informed not available 3) Appeal dismissed – cannot override regs |
L97:59 |
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Industrial Action |
Absent from duty due to industrial dispute 1) Absent for 187 dys – declined option to pay conts 2) Appeal Dismissed |
1974 C1 |
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Information |
Member claimed did not understand information 1) Information on right to join LGPS in 1986 2) Member did not join as did not understand 3) Appeal dismissed |
L97:102 |
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Injury Allowance |
Permanent ill-health due to injury at work 1) Accident report not completed 2) Alleged accident 15/17 years before retirement 3) Appeal dismissed |
L96:34 |
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Injury Allowance |
Suffered fall at work 1) Employment terminated after period of sickness 2) Medical concluded condition existed pre accident 3) Appeal dismissed |
L86:L2 |
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Injury Allowance |
Injury due to secretarial duties ( RSI conditions) 1) Employment terminated on ill-health grounds 2) Medical exams concluded link to work 3) Appeal allowed |
L86:L3 |
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Injury Allowance |
Illness due to type of work (RSI) 1) Employment terminated on ill-health grounds 2) Medical exams not conclusive 3) Appeal dismissed |
L96:34 |
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Injury Allowance |
Back injury due to accident at work 1) Reduction in salary 2) Council contended award discretionary 3)Appeal allowed (only amount is discretionary) |
L86:L4 |
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Injury Allowance |
Claim that accident cause of ill-health retirement 1) Employment terminated on ill-health grounds 2) Appeal dismissed 3) Not proven that accident cause of ill-health |
L96:34 |
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Inland Revenue Limits |
Claim for compensation re exceeding I.R. limits (AVC’s) 1) Transferred FSAVC into in house AVC 2) Retired with augmentation – (over-funded) 3) No power to award compensation |
L97:102 |
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Interest |
Interest payable on repayment of payment in error 1) Refund of contributions deemed incorrect on appeal 2) Payment deducted from lump sum plus interest 3) Appeal dismissed – no power to charge interest |
1974:D1 |
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Interest of Efficiency |
Member claimed payment on TUPE transfer 1) Work “outsourced” 2) Appeal dismissed – transferred not retired
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L97:26 |
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Interest on Refund |
Fund refused to pay any interest 1) Refund claimed in respect of Sept 65 to Aug 67 2) No record of refund, equal amount offer in 1997 3) Appeal dismissed – no entitlement to interest |
L97:89 |
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Interest Payable |
Claim for interest on underpaid pension 1) Underpaid pension 1978 to 1987 2) No provision in 1986 regs to pay interest 3) Appeal dismissed |
L86 |