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 |
Main Points |
Ref.No |
Content & Regulation |
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Pension Ombudsman ruled value pensionable 1) Council used taxable amount 2) Member claimed lease value 3) Outside remit of IDRP – Ombudsman decision |
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Lump Sum |
Refused permission to convert pension to lump sum 1) Elected for larger lump sum as shown in estimate 2) Estimate incorrect – became member after Mar 87 3) Appeal dismissed |
L97:59 |
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Lump Sum Allowance |
Reduction for pre 1972 service 1) No additional contributions paid 2) Employee claimed unaware payments available 3) Appeal dismissed |
L95:C13 |
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Maladministration |
Employee retired on ill-health gounds 1) Unreasonable to retire after only two month sick 2) Outside jurisdiction |
L95:J8/J9 |
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Maladministration |
Inaccurate estimates 1) Excepted early retirement based on information 2) Appeal dismissed – outside scope |
L97:102 |
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Maladministration |
Employee claimed not informed of scheme changes 1) Effected by change in W/T , P/T definition 2) Appeal dismissed – Outside scope |
L97:102 |
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Maladministration |
Advice re lump sums from AVC scheme 1) No power no rule on cases of maladministration |
L97:102 |
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Maladministration |
Failure to implement Appointed Person’s decision 1) Member successfully appeal to Appointed Person 2) No appeal from employer within six months 3) Outside scope
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L97:102 |
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Maladministration |
Lack of information re % reduction in benefits 1) Outside scope |
L97:102 |
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Maladministration |
Calculation of benefits 1) Benefits reduced due to bankruptcy order 2) No power to order redress or award compensation |
L97:102 |
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Maladministration |
Statutory notification wrongly indicated T.V. membership 1) Appeal upheld in part 2) Clear evidence of maladministration 3) No power to award compensation |
L97:102 |
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Maladministration |
Member incorrectly notified of benefits payable 1) Member opted for reduced benefits 2) Appointed Person found maladministration 3) Appeal dismissed – |
L97:102 |
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Maladministration |
Transferred in credit less than advised 1) Member excepted transfer credit of 26yrs 222dys 2) Fund excepted lower T.V., member not informed 3) Appeal allowed–however no power to order redress |
L97:102 |
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Maladministration |
Member informed refund available 1) Refused refund as over 2 years membership 2) No power to award compensation |
L97:102 |
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Maladministration |
Bad advice to members re buy back of part time service 1) Potential financial loss and injustice 2) No power to award compensation or redress |
L97:102 |
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Maladministration |
Wrong period of service credited 1) Transfer credit incorrectly shown on record 2) Actual benefits less than on benefit statement 3) Appeal dismissed–no power to award compensation |
L97:102 |
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Maladministration |
Member claimed that transfer not handled effectively 1) Member requested overseas transfer 2) Required PSO approval as exceeded 1/80 maximum 3) Maladministration no power to order redress |
L97:102 |
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Maladministration |
Bad advice re purchase of additional service 1) Information provided on Added Years & AVC’s 2) Member choose AVC’s 3) Council not required to give advice |
L97:102 |
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Maladministration |
The had provided incorrect benefit statement 1) Actual benefits paid less than shown on statements 2) Appeal dismissed – no requirement to issue benefit
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L97:102 |
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Maladministration |
Change to part time working reduced Death Gratuity 1) Changed to part time on return after sickness 2) Claimed not advised on impact on gratuity 3) Appeal dismissed |
L97:102 |
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Maladministration |
Benefits reduced and overpayment recovered 1) Benefits overpaid due to error by council 2) Claimed had retired on basis of estimate 3) No power to award compensation |
L97:102 |
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Material change |
Member claimed certificate of material change 1) Post deleted – obtained lower graded post 2) Buy out payment made because of pay difference 3) Appeal allowed – buy out cannot override regs |
L95:Sch D1 |
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Membership |
Request to count previous service as qualifying 1) Break in service from July 1983 to July 1985 2) Break over 12 months precludes previous service 3) Appeal dismissed |
L86:D12 |
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Membership |
Member wished to repay refund 1) Refund in respect of service 1968-1974 (6yrs) 2) Appeal dismissed |
L95:C21 |
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Membership |
Employment not with employer within the Fund 1) Contributions deducted and paid to fund 2) Ees and Ers contributions paid for over 5 years 3) No admission agreement in place 4) Appeal dismissed – no power re deferred benefit |
L86:PtB |
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Membership |
Part-time employee (less than 15hrs/35 weeks) 1) Paid conts from October 1992 (part-time tutor) 2) Council decided not eligible before Aug 1993 3) Member refused return of contributions 4) Appeal dismissed – however maladministration |
L86:B1 |
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Membership |
Ability to count service which exceeds 40 yrs membership 1) 11 yrs 90 dys transferred in from PCSP in 1970 2) Member claimed allowed by 1997 amendment regs 3) Fund refused as transfer before May 1995 4) Appeal allowed – 1997 regs apply |
L97;9 |
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Membership |
Casual employee claimed not aware could join in 1995 1) Council claimed letter sent to all casual employees 2) No proof of delivery or follow up action 3) Appeal allowed – back dated membership to 1995 |
L95:B10 |
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Membership |
Member made application to back date entry to LGPS 1) Employment from 1989 Letter of appointment 1990 2) Letter stated scheme member unless opted out 3) Join scheme in 1995 – claim back dated to 1989 4) Appeal dismissed - dispute not pursued diligently |
L86:B1 |
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Membership |
Member refused membership backdated to Sept 1985 1) Worked 35 hrs p.w. term-time from Sept 1985 2) Joined scheme May 1995 3) Appeal allowed – employment whole time
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L74:B2 |
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Membership |
Member claimed membership for pre age 18 service 1) Based on lowering to age 16 from April 1990 2) Appeal dismissed |
L86 |
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Membership |
Claim in respect of contract transfer to LGPS employer 1) Employed by company providing service to college 2) Transferred to college “continuous employment” 3) Appeal dismissed – company not LGPS employer |
L86: |
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Modification |
Right to apply reduction 1) 1995 reg H2 continued requirement to reduce 2) Appeal dismissed |
1974 F7 |
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Modification |
Only flat-rate deduction should apply at age 65 1) Effect of pension increase 2) Appeal dismissed |
L86:31 |
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Modification |
Reduction of pension from age 65 1) Retired 1985, age 65 July 1998 2) Member claimed 1997 regs apply (no modification) 3) Appeal dismissed – 1997 regs do not apply |
1974 |
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Refused permission to buy back part time service 1) Employed P/T since 1975, joined scheme 1994 2) Claimed not informed of rights in 1987 3) Appeal dismissed – employer had informed staff |
L86:B1 |
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Part-Time |
Back date membership to start of employment 1) Council informed employees of option 2) Joined scheme in 1994 3) Appeal dismissed – joined after March 1988 |
L86 B1 |
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Part-Time |
Part-time service Aug 1983 to Jan 1986 1) Worked p/t after returning from maternity leave 2) Deferred benefits in respect of pre-maternity service 3) Appeal dismissed – no provision in regs |
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Part-Time |
Part-time service of 30hrs p.w. under 1995 regs 1) Clarification of saving provision of 10(2) of Sch M4 2) Duty of Admin Auth to ensure correct benefit paid |
L95:M4 |
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Part-Time |
30 hours per week – employer deemed whole-time 1) Increase in hrs to 30 per week 2) Employer deemed W/T under 86 regs definition 3) Appeal allowed – (part-time 30/37) |
L95:B3 |
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Part-Time buy back |
Member unaware of right to buy back in 1991 1) Members informed by pension newsletters 2) No evidence to show option would have been taken 3) Appeal dismissed |
L86:C7 |
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Part-Time buy back |
Part-time buy-back counts at calendar length for the purposes of the 85 year rule. 1) Appointed person determined that only the amount of membership purchased at its whole time equivalent counted for the 85 year rule. 2) Appellant claimed the full qualifying period shoud count. 3) Appeal allowed. |
875 | L97:31 |
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Part-Time Employees |
Back dating membership to commencement date 1) Part time from 1978, Whole Time from 1989 2) Opted to join in 1992 3) Appeal dismissed |
L86:B1 |
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Part-Time Service |
Part-time 1978 to 1987 1) Joined scheme January 1989 as W/T 2) 1990 regs scheme membership pre April 1988 3) Appeal dismissed – joined after relevant time |
L86:D12 |
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Part-Time Service |
Member claimed not informed of right to join in 1987 1) Worked 15+ hours in 1986 2) Council stated that informed all relevant staff 3) Appeal dismissed – weight of evidence with council |
L86:B1 |
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Pay |
Status of fees for election duties 1) Employed as Electoral Registration Officer 2) For County, Borough and Parish elections 3) Appeal allowed |
L97:13 |
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Pay |
Status of payments in respect of election duties 1) Job description “election control and co-ordination 2) Council’s view employed by Returning Officer 3) Appeal allowed – subject to payment of conts |
L97:13 |
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Payment date for benefits |
Application for payment of deferred pension after age 60 1) Employer refused request, not within 3mths of 60 2) No provision for women to defer after age 60 3) 1997 regs do not apply 4) Appeal allowed – benefits due from age 60 |
L86:E2 |
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Pension Benefits |
Member claimed entitlement to pension 1) Employed from 1966 to 1969 (claimed paid conts) 2) Unable to proved proof - council no records 3) Appeal dismissed |
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Pension Increase |
Deferred benefits paid early on ill-health grounds 1) Entitlement to enhancement and pension increase 2) Under age 55 and employed 3) Appeal dismissed–different test for payment & P.I |
L95:L19 |
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Pension Increase |
Payment of Pension Increase on GMP 1) Member in receipt of DSS incapacity benefit to 70 2) Fund paid all P.I until age 70 when GMP included 3) Pension reduced by Ł10 per mths 4) Appeal dismissed |
L97:91 |
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Pension Increase |
Council refused to pay P.I. on deferred bens paid early 1) Benefits paid early on ill-health at age 51 2) Member claimed no test of incapable of all work 3) Appeal dismissed – pension increase from age 55 |
1971 Act |
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Pension Reduction |
Pension reduced for two months on re-employment 1) Re-employment variable hours no fixed annual rate 2) Appeal allowed – aggregate earnings over 12 mths |
L95:D15 |
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Pensionable Pay |
Worked 16.5 hrs per week 1) Final pay calculated on basis of 16.5/39 hrs 2) Regs require single comparable W/T employment 3) Appeal allowed – should be treated as W/T |
L97:21 |
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Pensionable Remuneration |
Overtime payments 1) Flexible rota to include evening meetings 2) Additional/overtime payment for meetings 3) Appeal dismissed |
L95:D1/C2 |
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Pensionable Remuneration |
Value of Lease Car 1) No appeal made before 31 March 1993 2) No contributions paid 3) Appeal dismissed |
L95:C2 |
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Pensionable Remuneration |
Additional duties 1) Duties in respect of shadow authority 2) Duties undertaken in own time 3) Appeal dismissed – (variable-time) |
L95:D1 |
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Pensionable Remuneration |
Part-Time service after 2 May 1995 1) Change of p/t hours after May 1995 2) Saving provisions no longer apply 3) Appeal allowed – P/T service, whole time pay |
L95:SchD1 |
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Pensionable Remuneration |
Contractual sleeping-in allowance not paid 1) IT case awarded settlement in lieu of loss of pay 2) Claim for amount of settlement to be pensionable 3) Appeal dismissed |
L86:E22 |
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Pensionable Remuneration |
Pensionable remuneration wrongly calculated 1) Employment only for 26 days in relevant year 2) Employer used last 365 days of membership 3) Appeal allowed – (26 days x 365/26) |
L95:SchD1 |
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Pensionable Service |
Member excluded from scheme (Jan 1994 to May 1995) 1) Excluded do to council thinking had opted out 2) Appeal allowed 3) Service to count on payment of contributions |
L86:B1 |
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Post Retirement Marriage |
Member claimed unaware of effect on widows pension 1) Member claimed should be treated as married 2) Due to lack of advice on issue 3) Appeal dismissed – no requirement to give advice |
L86:E5 |
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Post Retirement Marriage |
Member claimed worse off under 74 regs than 54 regs 1) Joined scheme July 1950 retired 1980 2) Re-married in 1990 – potential w/pension post 78 3) Appeal dismissed – 54 & 74 regs as entitlement |
72 Act |
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Protection of Benefits |
Contract re pre 1972 service not completed April 1998 1) Reduction in pre 1972 service under reg8 2) Claimed final benefits less than under 1995 regs 3) Council refused to augment benefits 4) Appeal allowed – replaces 1st decision of A.P. |
TP:13 |
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Purchase of Added Years |
Member claimed council mislead re Added Years/AVC’s 1) Quotation provided for purchase of Added Years 2) Member opted for AVC, fund used to buy service 3) Purchased service less than Added Years contract 4) Appeal dismissed- no expectation given |
L97:55 |
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Purchase of Additional Membership |
Payment by Lump Sum 1) Already paying maximum contributions 2) Did not meet conditions for payment |
L95:C9 |