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 |
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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2/80 ths Reduction |
Member claimed a refund of contributions paid to buy out 1) With 11% reduction still able to obtain 40yrs at 60 2) Therefore 2/80 th contract no benefit 3) Appeal dismissed – no power to refund |
TP:8 |
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85 year rule |
Member applied for payment of deferred benefits 1) Member awarded deferred bens on TUPE transfer 2) Request for payment under 85 year rule 3) Appeal dismissed – benefits under 1986 regs |
L97: |
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Re-employed part-time and whole-time 1) Part-time no abatement required 2) As whole time less than year no abatement required 3) Appeal dismissed – abatement allowed on W/T |
L95:SchD5 |
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Abatement |
Effect of overtime payments 1) Level of earnings did not exceed limit 2) Overtime not contractual 3) Appeal allowed – no contractual increase in hours |
L86:E15 |
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Abatement |
Member claimed abatement incorrect 1) Casual employment with no fixed hours 2) Earnings calculated on total annual pay 3) Appeal dismissed – |
L86:E15 |
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Abatement |
Dispute re amount of abatement 1) Re-employed for 5 months 2) Abatement should be on annual amounts 3) Appeal dismissed – annual rate on first day |
L95:D15 |
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Abatement |
Pension abated at end of re-employment 1) 1995 regs adopted as policy for abatement 2) Re-employed, part-time contract of less than 3 mths 3) Appeal allowed – must wait until end of 12 mths |
L97:109 |
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Abatement |
Pension abated due to re-employment, backdated 6 yrs 1) Pensioner had not informed Fund of re-employment 2) Claimed maladministration by council for delay 3) Appeal dismissed |
L95:SchD5 |
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Abatement |
Member claimed had been misled as to status of employer 1) Employer not local authority but admitted body 2) Asked for abatement to be waived 3) Appeal dismissed – no power to award redress |
L97:D15 |
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Abatement |
Pension abated at start of re-employment 1) Re-employment series of fixed term contracts 2) Regs silent on contracts of less than 12 mths 3) Appeal allowed – abatement calc at end of 12 mths |
L95:D15 |
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Actuarial Reduction |
Left employment before age 60 (post April 1998) 1) Estimate provided in 1997 showing no reduction 2) Council treated leaving as voluntary early 3) Council refused to use compassionate grounds 4) Appeal dismissed |
L97:31 |
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Additional Contributions |
Employer ceased deducting contributions in error 1) Arrears of over £3,500 outstanding 2) Member claimed that employer should pay arrears 3) Appeal dismissed – only member can pay |
L86:C6 |
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Additional Service |
Calculation of lump sum allowance 1) Contract start 1973/74, joined LGSS April 1970 2) Council deemed service pre 1970 (E3(5) 1986) 3) Appeal allowed – E3(5) not relevant |
1974:D10 |
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Admission to Scheme |
Failure to take up option 1) Working 29 hrs p.w. pre April 1986 2) Did not opt to join April 1986 3) No provision to back date to April 1986 |
L86:B1 |
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Annual Benefit Statement |
Benefit statements over estimated benefits 1) Errors due part time service recorded incorrectly 2) Actual benefits less than shown on statements 3) Appeal dismissed – no requirement in regs |
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Appeal (stage 2) |
Appeal to Appointed Person out of time 1) Secretary of State has power to reconsider 2) If within six mths of Appoint Persons determination 3) Appeal dismissed – no power to extend six mths |
L97:102 |
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| Appeal Time Limit |
Unhappy with amount of annuity 1) Will take 25 years to recoup the investment 2) Delay in appeal due to ill health and hospitalisation 3) Due diligence dictates that a representative could have acted 4) Out of time and no power to determine reasonabless of investment returns - Appeal dismissed |
18-ZD | L97:102 |
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Appeal Time Limits |
Appeal within reasonable time 1) What is reasonable will depend on circumstances 2) Appeal dismissed |
L97:102 |
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Appeal Time Limits |
Stage 1 within six months of notification of benefits 1) Appeal in respect of P.I.paid over 18 year period 2) Appointed Person deemed out of time 3) Appeal dismissed – no case to reopen matter |
L97:102 |
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Appeal Time Limits |
Stage two time limits 1) Delay of 15 months from stage one decision 2) Appeal dismissed – six month limit |
L97:102 |
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Appeal Time Limits |
Stage two time limits 1) Delay of 9 months from stage one decision 2) Appeal dismissed |
L97:102 |
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Appeal Time Limits |
Stage two time limits 1) Appeal not within 6 mths of appointed person’s 2) Appeal dismissed |
L97:102 |
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Appeal Time Limits |
Stage 2 within six months of Appointed Persons 1) Appeal letter dated 6 mths 1day after determination 2) Appeal dismissed – no power to extend period |
L97:102 |
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Appeal Time Limits |
Appeal made five years after decision 1) Appeal should be pursed with reasonable diligence 2) Appeal dismissed |
L97:102 |
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Appeal Time Limits |
Member did not appeal within six months of decision 1) Member claimed delay due to family bereavement 2) Appeal dismissed |
L97:102 |
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Appeal Time Limits |
Admin Authority appeal against employer decision 1) Eer decided that fees for election work pensionable 2) Admin Authority did not appeal within 6 mths 3) Appeal dismissed |
L97:105 |
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Appeal Time Limits |
Employee claimed option to join LGPS in 1990 ignored 1) No appeal until Nov 1999 2) No explanation for delay in pursing dispute 3) Appeal dismissed–pursue with reasonable diligence |
L97:102 |
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Appeal Time Limits |
Sec. of State notified by fax of intention to appeal 1) Fax received 2 days before 6 month deadline 2) Letter enclosing documents received 15 days later 3) Outside time limits – no reason for delay |
L97:102 |
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Appeal Time Limits |
Appeal outside time limits 1) Appointed Person’s decision 30 Nov 1998 2) Appeal received 11 August 1999 3) Appeal invalid outside six months time limit |
L97:102 |
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Appeal Time Limits |
Must be pursued with reasonable diligence 1) Benefits paid 1985-dispute re pensionable pay 2) Referred to Appointed Person in 1999 3) Appeal dismissed – no reason for delay in pursuing |
L97:102 |
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Appeal Time Limits |
Appeal lodged on 21 October 1999 1) Appointed Persons decision dated 19 April 1999 2) Appeal dismissed – outside 6 mths time limit
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L97:102 |
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Appeal Time Limits |
Secretary of State rejected appeal 1) Employment terminated October 1995 2) Ill-health refused, appealed to A.P. in April 2000 3) A. P. considered case, confirmed employers view 4) Appeal dismissed – not pursued diligently |
L97:102 |
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Appeals |
Member claimed under 1997 regs re discretion 1) Dispute related to 1992 2) N8 of 1986 regs did not allow appeal on discretions 3) Appeal dismissed – cannot come under 97 regs |
L97:102 |
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Appointed Person |
No involvement in matter of disagreement 1) Appointed person was councils Returning Officer 2) Dispute re election fees 3) 1st Stage therefore conducted improperly 4) Remitted back to council to resolve |
L97:99 |
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Appointed Person |
Independence of Appointed Person 1) Member appealed re status of election fees 2) Appointed Person was also Returning Officer 3) Must not be referred to person previously involved |
L97:99 |
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Augmentation |
Member claimed Discretionary Regs should be used 1) Previous cases enhanced by up to 10 years 2) Decision to retire based on estimate with 6y 243dys 3) Appeal dismissed – no power to consider |
L97:102 |
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Augmentation |
Member claimed policy had not been applied fairly` 1) Member excepted retirement on re-organisation 2) Enhancement discretionary based on business case 3) S o S ruled council must reconsider the case 4) Demonstrate “equally and fairly on its own merits” |
L97:52 |
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AVC Funds |
Member used AVC fund to purchase LGPS service 1) Member retired with award of Added Years 2) Purchased service reduced Added Years 3) Member claimed he was not informed of impact 4) Agreed Lack of information no power to act
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L97:64 |
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AVC’s |
Application for refund of contributions paid 1) LGPS benefits paid on redundancy grounds 2) Member requested refund of AVC’s 3) Appeal dismissed must purchase annuity |
L95:C21 |
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Member employed on various contracts 1) Opted not to join scheme as on temporary contract 2) Subsequently became permanent & joined scheme 3) Applied to backdate entry to cover temporary work 4) Appeal dismissed – no provision in regs
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L86 |
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Benefits |
Correct calculation of ill-health benefits 1) Member claimed benefits did not reflect conts paid 2) Benefits based on service/ pay not contributions 3) Appeal dismissed
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L95:D2 |
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Benefits |
Member claimed entitled to benefits in Lump Sum 1) Age 45, with 3yrs service, ill-health retirement 2) Pension and Lump Sum paid under reg 27 3) Appeal dismissed – no power to pay L/Sum only |
L97:49 L97:59 |
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Car Allowance |
Employer deemed allowance non superannuable 1) Lump sum allowance paid regardless of mileage 2) Re determination as a result of High Court review 3) Appeal dismissed – covered by exclusion A3 (1)c
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1974:A3 |
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Casual Employee |
Right to join LGPS ( pre May 1995) 1) Casual employment pre May 1995 2) Join scheme July 1995 3) Appeal dismissed |
1986 |
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Casual Employee |
Requested membership to cover period of casual service 1) Casual employment from May 1994 2) Employer refused to allow membership 3) Appeal dismissed – no provision before May 1995 |
L86:B1 |
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Certificate of Material Reduction |
Application due to salary level frozen 1) Post down graded from scale 4 to scale 3 2) Salary frozen at maxi of scale 4 until scale 3 above 3) Appeal dismissed – only 97 regs would protect |
L95:SchD1 |
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Certificate of Material Change |
Council refused to issue certificate 1) Recruitment/retention and other payments ceased 2) Claimed cessation was material change 3) Appeal dismissed – temporary payments |
L95:SchD4 |
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Certificate of Material Reduction |
Council did not issue certificate 1) Member took lower pay job instead of ill-health 2) Member did not request certificate within 12 mths 3) Appeal dismissed – member opted for new job |
L86:E24 |
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Child’s Pension |
Claims for child’s pension refused 1) Did not appear to fall within any of categories 2) Appeal dismissed |
L97:44 |
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Club Transfers |
Member claimed late transfer should be on “club” basis 1) Member had pension rights in TPS 2) Opted not to go ahead with transfer 3) 4 yrs later asked for transfer – offered as non club 4) Appeal dismissed |
L97:121 |
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Combined Benefits |
Claim that member not informed on effect of death grant 1) Member had opted for separate benefits 2) Death in service - spouses benefits payable 3) Appeal dismissed - Death Grant not relevant |
L95:SchD5 |
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Combined Benefits |
Member not aware of option to combine benefits 1) Made redundant, benefits paid as over age 50 2) Not informed of option to combine deferred bens 3) Appeal allowed – must be given option now
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L86:E16 |
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Commutation of Pension |
Commutation of total pension requested 1) Pension above limit 2) Appeal dismissed |
L95:H5 |
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Commutation of Pension |
Council refused to allow commutation of pension 1) Pension of £121.19 from re-employment 2) Claimed 1st employment should not be countered 3) Appeal dismissed |
L97:49 |
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Compassionate Grounds |
Early payment of benefits on compassionate grounds 1) Council refused application for early payment 2) Appeal dismissed (no power to determine |
L95:D11 |
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Compassionate Grounds |
Member resigned after council refused early retirement 1) Council refused application of early payment 2) Reg D.11 is one of employer discretion 3) Appeal Dismissed – no power to determine |
L95:D11 |
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Compassionate Grounds |
Deferred benefits request for early payment 1) Council had considered application on merits 2) Appeal dismissed – Council had acted properly |
L95:D11 |
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Compassionate Grounds |
Member applied for early payment of deferred benefits 1) Council considered application – outside guidelines 2) Appeal dismissed – Council acted properly |
L95:D11 |
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Compassionate Grounds |
Applied for early payment of deferred benefits 1) Member unemployed - need to care for sick wife 2) Council refused request – did not meet criteria 3) Appeal dismissed – council has acted properly |
L95:D11 |
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Compassionate Grounds |
Application for early release of deferred benefits 1) Application refused by employer 2) Appeal panel asked employer to reconsider 3) Again refused – Appeal dismissed 4) Council have not acted improperly or unreasonable |
L95:D11 |
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Compassionate Grounds |
Application for early payment of deferred benefits 1) Employer refused application 2) However did not explain reasons 3) Must demonstrate how they arrived at decision |
L95:D11 |
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Compassionate Grounds |
Employer refused application for early payment 1) Application refused on cost grounds 2) Council had not address problem correctly 3) Council must reconsider case- reasonable decision |
L95:D11 |
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Compassionate Grounds |
Employer refused application for early payment 1) Application refused also on ill-health grounds 2) Application not properly considered 3) Employer must reconsider and advise of decision |
L95:D11 |
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Compassionate Grounds |
Claim council had acted unreasonable and improperly 1) Appeal dismissed 2) Council entitled to consider cost to the fund |
L95:D11 |
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Compassionate Grounds |
Member claimed early payment of deferred benefits 1) Member supplied information supporting claim 2) Council refused due no budgetary provision 3) Council must reconsider in proper fashion |
L95:D11 |
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Compassionate Grounds |
Member claimed employer had acted unreasonably 1) Early payment requested due to financial hardship 2) Refused, as did not meet their criteria for payment 3) Appeal dismissed |
L95:D11 |
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Compensation |
Appointed Person had awarded compensation 1) Appeal against the amount of compensation offered 2) Appeal dismissed _ outside scope |
L97:102 |
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Compensation |
Claim re alleged maladministration 1) No powers to award compensation |
L97:102 |
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Compensation |
Member claimed compensation re inaccurate information 1) Benefits reduced due to salary including expenses 2) Appeal dismissed |
L97:102 |
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Compensation |
Member claimed compensation for financial loss 1) Contributions paid retrospectively, loss of tax relief 2) Appointed Person awarded goodwill payment of £200 3) Appeal dismissed no power in LGPS to award £200 |
L97:102 |
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Compensation |
Member claimed compensation for loss of pension 1) TPS member paying AVC’s transferred to LGPS 2) AVC’s continued to be paid to teachers AVC 3) Appeal dismissed – LGPS not required to give advice on other schemes |
L97:102 |
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Compensatory Added Yrs |
Effects of re-employment on discretionary Added Years 1) Discretionary Added Yrs outside scope, not LGPS |
L97:102 |
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Compensatory Added Yrs |
No Added Years awarded on redundancy retirement 1) Council had policy to award up to 10 years 2) No power to consider complaint |
DP |
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Compensatory Added Yrs |
Award of compensatory added years 1) No powers in DP regs to appeal to Secretary of State |
DP |
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Compensatory Added Yrs |
Adjustment in respect of 2nd pension benefit 1) Secretary of State no power to consider |
C1984 |
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Compensatory Added Yrs |
Member claimed policy had not been properly introduced 1) Consultation not matter for LGPS 2) Appeal dismissed |
L97:102 |
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Compensatory Added Yrs |
Added Years benefits abated due to re-employment 1) Member claimed fund acted improperly 2) Added Years not part of LGPS 3) Appeal dismissed – no maladministration by fund
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L97:102 |
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Compensatory Added Yrs |
Adjustment in annual & lump sum compensation 1) Claimed adjustment under reg 17 not require 2) No power to consider, not part of LGPS |
DP |
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Concurrent Employments |
Employer deemed as two separate employments 1) Member requested combined benefits 2) DETR rule separate employments not proven 3) Appeal allowed – one employment multiple duties
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L86:Sch2 |
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Contributions |
Paid in respect of widower’s pension for service pre 1988 1) Applied to cease conts due to husbands death 2) Contributions ceased from date of application 3) Appeal dismissed |
L86:E6 |
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Contributions |
Manual or Officer rate 1) Employed as car park attendant 2) Paid as manual worker – duties part admin/clerical 3) Appeal allowed – Manual worker (refund 1%conts) |
1974 C1 |
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Contributions |
Inland Revenue limit of 15% of salary 1) Paying conts re retrospective enter to LGPS 2) Wishes to pay maximum AVC’s 3) Appeal part allowed – 15% of salary must apply 4) Option for arrears by deduction from lump sum |
L97:16 |
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Contributions |
Contributions in respect of money value of reduced rent 1) Contributions not paid on value of reduced rent 2) Contributions collected from lump sum C25(3) 3) Appeal dismissed – requirement to pay |
L95:C4 |
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Contributions |
Due on overtime payments allowed on appeal 1) Council deducted amount due from Lump Sum 2) Appeal dismissed – reg 89(3) gives power |
L97:89 |