LOCAL GOVERNMEMT PENSION SCHEME

Secretary of State Appeal Determinations

INDEX A :

A Z hyperlink

A to C - D to H - I to K - L to Q - R to Z

Key to regulations used in this Index:

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.

Subject	Main Points	Ref.No	Content & Regulation
Death Grant A-Z	Death in service with separate deferred benefit 1) Regard to part iii of Sch D5 2) Appeal allowed – Calc under Para. 18(2)	379	L95:E6
Death Grant A-Z	Five year guarantee for pension in payment 1) Deferred pension paid from February 1998 2) Sent notification of 5 year guarantee 3) Appeal dismissed – 1997 regs due not apply	683	L97:38
Death Grant A-Z	Exercise of discretion to pay 1) Death Grant paid in accordance with nomination 2) Wife claimed D/G on behalf of herself and children 3) Appeal dismissed – employer had acted reasonably	750	L97:38
Death Grant Nomination A-Z	Council refused to accept nomination form 1) Nomination form had not been signed 2) Appeal dismissed	417	L95:E8
Death Grant Nomination A-Z	Fund decided not to pay in accordance with nomination 1) Member left will post dating nomination 2) Fund paid to estate which did not include nominee 3) Appeal dismissed – Council had acted reasonably	822	L97:38
Death Grant Nomination A-Z	Fund decided not to pay in accordance with nomination 1) Will, pre dating nomination named daughter 2) Nomination in respect of partner 3) Death Grant paid to daughter 4) Appeal dismissed	827	L97:38
Deemed Employment A-Z	Fund refused to pay benefits as not entitled to be member 1) Member employed by bus company 2) Joined company after transfer, however conts paid 3) Died in service – fund refused to pay benefits 4) Appeal dismissed – SoS concerned at situation	812	L97:129
Deferred Benefits A-Z	Application for early payment on health grounds 1) History of medical problems 2) Medical inconclusive Member refused 2^nd medical 3) Appeal dismissed – onus on member to prove case	468	L86:E2
Deferred Benefits A-Z	Application for early payment on ill-health grounds 1) Independent advice not conclusive re permanence 2) Appeal dismissed	713	L95:D11
Deferred Benefits A-Z	Application for early payment on ill-health grounds 1) Council refused application 2) S.of S. referred back to council 3) Insufficient or independent medical advice 4) Evidence council had not acted properly	719	L95:D11
Deferred Benefits A-Z	Member claimed early payment, compassionate grounds 1) Claim refused by employer 2) Member had cited ill-health as reason 3) S.o State ruled that employer should consider I/H	779	L97:31
Deferred Benefits A-Z	Claim for early payment on ill-health grounds 1) Terminated on redundancy Deferred Bens awarded 2) Subsequent ill-health 3) Appeal dismissed – permanency not proven	785	L95:D11
Deferred Benefits A-Z	Claim for early payment on ill-health grounds 1) Current employment terminated on ill-health 2) Conflicting medical on each employment 3) Referred back for independent medical assessment	786	L95:D11
Deferred Benefits A-Z	Application for early payment on ill-health grounds 1) History of ill-health, refused I/H retirement in 1987 2) Early payment requested in 1996 refused 3) Appeal allowed – benefits payable from Feb 1996	562	L95:D11
Deferred Benefits A-Z	Application for early payment on ill-health refused 1) History of various illness since termination 2) Conflicting medical opinions no written evidence 3) S.o.S. unable to decide – council must reconsider	565	L95:D11
Deferred Benefits A-Z	Date for early payment on ill-health grounds 1) Early payment from June 97, claimed from Mar 95 2) Unable to decide case due to lack of evidence 3) Council must reconsider in a proper fashion	569	L86:E2
Deferred Benefits A-Z	Application for early payment on ill-health refused 1) Ill-health retirement from current employment 2) Early payment refused as condition treatable 3) Appeal dismissed – permanency not confirmed	571	L95:D11
Deferred Benefits A-Z	Application for early payment on ill-health refused 1) Member in receipt of incapacity benefits 2) Condition not permanent 3) Appeal dismissed	598	L97:31
Deferred Benefits A-Z	Application for early payment on ill-health refused 1) No conclusive evidence that condition permanent 2) Appeal dismissed	611	L95:D11
Deferred Benefits A-Z	Application for early payment on ill-health refused 1) Member profoundly deaf requires hearing aids 2) Also suffering from recurring otitis externa 3) Appeal dismissed	612	L95:D11
Deferred Benefits A-Z	Application for early payment on ill-health refused 1) Application based on ill-health in current job 2) Appeal dismissed	616	L95:D11
Deferred Benefits A-Z	Application for early payment on ill-health refused 1) Member has significant health problems 2) However no conclusive evidence of permanency 3) Appeal dismissed	618	L95:D11
Deferred Benefits A-Z	Request for early payment on ill-health refused 1) History of back pain, currently off work 2) Condition considered treatable 3) Appeal dismissed	626	L95:D11
Deferred Benefits	Application for early payment on health ground refused 1) Employed as Bursar, history of asthma & eczema 2) Various medical examinations & opinions 3) Appeal dismissed – condition not permanent	843	L86:D11
Deferred Benefits	Application for early payment on health grounds refused 1) Employed as Traffis Supervisor, PSV revoked 2) Two medicals by Appointed Person inconclusive 3) Referred back to Employer for further medical	844	L86:D11
Deferred Benefits	Application for early payment on ill-health refused 1) Deferred benefits awarded on resignation 2) Thyroid problem – conflicting medical opinions 3) Appeal dismissed - not proven permanent	861	L95:D11
Discretionary Payments A-Z	Dispute regarding compensation payments 1) Compensation payments not a pension 2) No powers to act under IDRP	450	DP
Discretionary Payments A-Z	Disagreement over the level of credited period 1) Appointed Person no formal powers under L97:100 2) However good practice for independent review	725	DP
Early Payment of Benefits A-Z	Application for early payment of deferred benefits 1) Early payment request on ill-health grounds 2) Medical exam concluded permanent ill-health 3) Appeal allowed – from date of medical	295	L95:D11
Early payment of Benefits A-Z	Deferred member claimed payment from age 50 1) Deferred benefits in respect of TUPE transfer 2) Policy to pay benefits to over 50’s on transfer 3) Appeal dismissed – no power in regulations	420	L95:D6
Election Fees A-Z	Status of disbursed fees paid to other officers 1) Member claimed all fees part of his remuneration 2) Benefits only calculated on net fees 3) Appeal dismissed – only fees for own use	717	L95:C2
Electoral Fees A-Z	Power of employer to exclude from remuneration 1) Practice for election fees to be non-pensionable 2) J.2 cannot override entitlement in C.2 3) Appeal allowed	255	L95:J2
Electoral Fees A-Z	Status of fees paid in respect of election duties 1) Received fees in respect of duties 2) Duties included in contract 3) Appeal allowed – fees part of remuneration	426	L95:C2
Equalisation Indemnity A-Z	Fund refused to sign Equalisation Indemnity Certificate 1) Transfer of pension rights unable to take place 2) No requirement in LGPS to requirement signing 3) DETR’s view benefits have been equalized	588	L97
Equality A-Z	Widow & widower’s pension calculated differently 1) Females required to pay contributions for pre 1988 2) Appeal Dismissed (outside scope)	263
Estimate of Benefits A-Z	Estimate used for divorce settlement 1) Subsequent benefits paid at lower rate 2) Divorce settlement taken by court 3) Appeal dismissed	382	L97:102
Estimate of Benefits A-Z	Actual benefits less than estimate 1) No power to act – outside scope	411	L95:
Estimate of Benefits A-Z	Actual benefits less than estimate 1) Member claimed he had resigned based on estimate 2) Appeal dismissed–no requirement to provide estimate	695	L91:102
Estimate of Benefits A-Z	Actual benefits less than estimate 1) Claim for compensation 2) No power to award compensation	705	L97:102
Estimate of Benefits A-Z	Actual benefits less than estimates 1) Member opted for early retirement 2) Estimate of benefits subsequently provided 3) Estimates not required by regs 4) If estimates given must clearly show calculations	764	L97:102
Estimate of Benefits A-Z	Member sent estimate including pension to lump sum 1) Estimate proved to be incorrect lower lump sum 2) Member retired on ill-health 3) Appeal dismissed – did not opt to retire on estimate	836	L97:102
Fees A-Z	Commencement date for fees to be averaged 1) Dispute over date duties started 2) Starting date with 3 years of leaving 3) Appeal dismissed	405	L95:D1
Forfeiture A-Z	Member claimed certificate invalid 1) Application for certificate out of time 2) Due to time lapse (11yrs) cannot invoke certificate 3) Appeal dismissed – regs apply to time limits	404	L86:M1
Fraudulent Act A-Z	Recovery of monies fraudulently obtained from employer 1) Member dismissed, convicted of offence 2) Council notified member of proposed recovery 3) Member disputed monetary obligation 4) Appeal dismissed	460	L95:L17
FSAVC A-Z	Request to transfer in to In House AVC refused 1) Member requested transfer Feb 1999 2) Appointed Person overruled and allowed transfer 3) Appeal allowed – no power before 20 May 1999	564	L97:60
GMP A-Z	Member claimed GMP should be paid in addition 1) Complaint not related directly to scheme	760	L97:102
Gratuity A-Z	Claim gratuity as protected employee 1) Cover by gratuity scheme pre 1974 2) Transferred to council in 1974 3) Break in service from 1980 to 1985 4) Appeal dismissed	480	1974