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

Reckonable Service A-Z	Whole or Part-time (1983 to 1992) 1) Worked 35 hrs & 32.5 hrs per week 2) 1987 regs apply to employees working 15-30hrs 3) Appeal allowed – whole time employee	319	1974 A3
Reckonable Service A-Z	Effect of part-time service on enhancement 1) Membership period of 18 years 254 dys 2) % for P/t applied to membership & enhancement 3) Appeal part allowed	333	L95:SchD3
Reckonable Service A-Z	P/T re-employed teacher initially refused entry to LGPS 1) Subsequently admitted to LGPS after 7 years 2) Request for Council to use discretion to grant 7 yrs 3) Outside scope however member age 59 when joined	344	L95:B16
Reckonable Service A-Z	12 months waiting period for manual workers 1) Council refused to allow option to pay contributions 2) Joined LGSS after period of casual employment 3) Appeal dismissed	462	1974
Reckonable Service A-Z	Pensionable service from 1964 to 1969 1) Claimed that no refund had been paid 2) 53 Act only provided from refund on leaving early 3) Appeal dismissed	688
Reckonable Service A-Z	Did not join LGPS due to wrong advice 1) Commenced full time Nov 1989 2) Information inadequate not informed under N7 3) Joined scheme in1997 4) Appeal dismissed – no power to backdate entry	736	L86:B1
Redundancy Grounds A-Z	Alternative to TUPE transfer 1) Obligation to offer redundancy or redeployment 2) Appeal dismissed – outside scope	383	L95:D6
Refund of Contributions A-Z	Refund made after 12 mths – no election to retain 1) Refund paid after 5 yrs - no request from employee 2) Appeal allowed – 3) Not advised of right to retain contributions in fund	395	L86:C12
Refund of Contributions A-Z	Member claimed deferred benefit 1) Fund unable to trace refund or transfer payment 2) Fund offered refund (14 years after termination) 3) Appeal part allowed – interest due on refund	455	1974:C8
Refund of Contributions A-Z	Deductions from refunds re certified amount and Tax 1) Deduction of certified amount outside scope 2) Deduction of tax require by C21(7) 3) Appeal dismissed	487	L95:C21
Refund of Contributions A-Z	Member claim unaware of conditions for refund 1) Repaid refund in respect of earlier employment 2) Ceased employment with 2yrs 110 dys service 3) Appeal dismissed – possible maladministration	767	L95:C21
Refund of Contributions A-Z	Refused refund of contributions 1) Joined scheme June 1995 2) Terminated August 1997 over two years service 3) Appeal dismissed	788	L95:C21
Remuneration A-Z	Status of overtime payments 1) Contract states 38 hrs over 5 days 2) Term of Employment = Hours to complete duties 3) Appeal dismissed	331	L95:C2
Remuneration A-Z	Lease cars 1) No appeal before 31 March 1993 2) Appeal Dismissed	372	L95:D1
Remuneration A-Z	Essential Users Allowance paid to cover work mileage 1) Allowance not related to mileage 2) Member claimed pensionable as for own use 3) Appeal dismissed	427	L95:C2
Remuneration A-Z	Annual payment for bus/rail pass 1) Member required to travel in course of duties 2) Did payment count as travel allowance/expenses 3) Appeal dismissed – exclusion under reg C2(b)	434	L95:C2
Remuneration A-Z	Status of overtime payments 1) Mix of contractual and non contractual overtime 2) Employee contented all overtime contractual 3) Appeal dismissed	441	L95:C2
Remuneration A-Z	Status of overtime and call out payments 1) Employer considered only “standby” pensionable 2) Appeal dismissed	474	L86:C2
Remuneration A-Z	Status of overtime payments 1) Overtime payments in respect of cover for absents 2) No reference in contract re additional duties 3) Appeal dismissed – not proved contractual	526	L95:C2
Remuneration A-Z	Status of increase to salary 1) Council claimed increase was to extend contract 2) Document made no reference to pensionable pay 3) Appeal allowed – increase pensionable	724	L95:D1
Remuneration A-Z	Value of leased car as pensionable 1) Council offered belated option to count lease car 2) Member did not apply within time scale 3) Appeal dismissed – no power to allow	743	L97:13
Remuneration A-Z	Lease Car valuation 1) Employer did not include VAT value in calculation 2) Employer able to reclaim VAT 3) Appeal allowed – calc must be on gross value	761	L97:13
Remuneration A-Z	Status of overtime payments 1) Additional work covered by overtime 2) No amendments to contract of employment 3) Appeal dismissed – no proof requirement to work	765	L95:C2
Remuneration A-Z	Status of Long Service Award 1) Award included in pensionable pay, benefits paid 2) Employer subsequently decided award unlawful 3) Pension subsequently reduced 4) Appeal dismissed	790 795 803 807 814 815 816 823 824	L97:102
Remuneration A-Z	Status of overtime payments 1) No written contract of employment 2) Overtime required as part of current duties 3) Appeal allowed	819	L95:C2
Remuneration A-Z	Status of annual medical checks 1) Council allowed medical insurance but not checks 2) Appeal dismissed – not for benefit of individual	830	L97:13
Remuneration A-Z	Status of professional fees and telephone rentals 1) Professional fees refused as for benefit of employer 2) Rental refused as not in contract of employment 3) Appeal pt allowed – rentals as remuneration	573	L86:Sch1
Remuneration A-Z	Provision of lease car 1) Car loan from 1991, lease car from December 1993 2) Cash reimbursement to cover car loan 3) Appeal dismissed – exclusion/savings do not apply	576	L97:13
Remuneration A-Z	Status of overtime payments 1) No reference to working overtime in contract 2) Required to attend or ensure adequate staffing 3) Appeal dismissed – no personal obligation 4) See appeal 577 for comparison	579	L95:D1
Remuneration A-Z	“Cash in lieu” car benefit changed to essential allowance 1) Council did not deem any payments pensionable 2) Council later allowed “Cash in lieu” pensionable 3) Appeal dismissed	666	L86:
Repayment of Refund A-Z	Employer refused to allow refund to be repaid 1) Ceased employment March 1980, under 5 years 2) Elected to receive refund of contributions 3) Appeal dismissed – employer no discretion	778	L97:9
Restitution Payment A-Z	Council refused to accept restitution payment 1) Deferred benefits transferred to personal pension 2) On return to LGPS opted to transfer in P.P. plan 3) L & G prepared to offer redress 4) Appeal dismissed – had not opted out	804	L97:122
Retained Benefits A-Z	Member claimed TV credit in 1966 did not count in 40yrs 1) Credit of 1y 240dys transferred in 1966 2) Potential service greater than 40 yrs at age 60 3) Appeal allowed – T.V. credit excluded	817	L97:10
Retirement Benefits A-Z	Reduction of benefits – service less than 25 yrs 1) Elected to receive benefits from age 60 2) % reduction applied to pension & lump sum 3) Appeal dismissed	371	L95:D9
Returning Officer A-Z	1997 amendment reg changes 1) Duty to inform effected employees 2) Appeal dismissed	245	L97:13
Separate Employments A-Z	Remuneration included salary and honorarium 1) Benefits paid as one employment 2) 8 yrs later council decided honorarium separate 3) Appeal dismissed	818	L86:B6
Surrender A-Z	Member made surrender to prove widower’s pension 1) Retired December 1988 2) Requested for surrendered amount to be re-instated 3) Appeal dismissed – 1995 & 1997 regs do not apply	514	L86:E20
Surrender A-Z	Member claimed he was not aware of time limits	555	L74:E4
Terminated Employment A-Z	Member claimed illegal termination of employment 1) Appeal dismissed – employment issue outside scope	445	L97:102
Transfer of Benefits A-Z	Transfer to Company not approved by Inland Revenue 1) Company not authorised insurer in U.K. 2) Scheme not related to members employment 3) Appeal dismissed	272	L95:K2
Transfer of Benefits A-Z	Member completed form re potential transfer 1) Option sent outside time limits 2) Option form not returned 3) Appeal dismissed – discretion of employer	283	L86:J8
Transfer of Benefits A-Z	Reduction in service credit not justified 1) Transfer from PTS 18y126dys credit 17y235dys 2) Former salary level factor in calculating credit 3) Appeal dismissed	335	L95:K16
Transfer of Benefits A-Z	Extension of time limits 1) Employee did not elect for transfer within 12 mths 2) Employer refused request to extend time limit 3) Appeal dismissed	369	L86:J8
Transfer of Benefits A-Z	Credit from TSS less than day for day 1) Later transferred back to TSS scheme 2) Asked for transfer credit to reflect full period 3) Appeal dismissed – no provision in regs	607	L86:Sch17
Transfer of Benefits A-Z	Council did not arrange transfer within guaranteed time 1) Member claimed compensation for loss 2) Appeal dismissed – no requirement in LGPS	613 615	L97:121
Transfer of Benefits A-Z	Discretion to extend time limits to accept transfer 1) Employer refused to extend period 2) Period had been expended to allow 12 mths period 3) Appeal dismissed – policy not unreasonable	677	L95:K13
Transfer of Pension Rights A-Z	Time limits for payment 1) Member claimed delay in paying T.V 2) Serious loss of contributory service 3) Appeal dismissed – T.V paid plus interest	354	L95:J6
Transfer of Pension Rights A-Z	Member claimed compensation for reduced lump sum 1) Reduced lump sum due to separate benefits 2) Transfer did not take place 3) Appeal dismissed – unable to pay compensation	507	L95:D2
Transfer of Pension Rights A-Z	Employer refused to allow extension of time limit 1) Did not opt for TPS transfer within time limits 2) Subsequently asked employer to use discretion 3) S o S regarded councils decision reasonable 4) However, concerned by way decision reached	792	L95:K13
Transfer of Pension Rights A-Z	Employment transferred under TUPE in 1994 1) Transfer part of bulk arrangement 2) Company scheme did not give equivalent benefits 3) Appeal dismissed	596	L86:J14
Transfer Payment A-Z	Member claimed delays reduced value of transfer 1) Various delays in proving details of credit 2) Final delay has operated to members disadvantage 3) Appeal dismissed – (no breach of regulations)	541	L95:K13
Transfer Values A-Z	Member claimed TSS transfer should be “club” transfer 1) Joined LGSS in April 1989 – TSS not transferred 2) Member claimed he had requested transfer 3) Employer prepared to arrange TV on non club basis 4) Appeal dismissed	448	L86:J8
Whole-Time A-Z	27.5 hrs per week “substantially the whole” 1) Counted as W/T from Sept 1971, P/T before 2) Appeal allowed –	282	L95:D1
Widow’s Pension A-Z	Widow disputed amount of widow’s pension 1) Member retired 1973, believed he had ½ rate W.P. 2) Confirmed by letter 1990 (inaccurate/misleading) 3) Subsequently paid W. Pension of 1/3 rate 4) Appeal dismissed - no power to order redress	784	L73
Widow’s Pension A-Z	Widow wished to take pension as lump sum 1) Long term pension of £481.07 p.a. 2) Appeal dismissed – above limit of £260.00	584	L95:H5
Widow’s Pension A-Z	Council appeal against Appointed Person’s decision 1) Council refused to re-instate under TP regs 2) A.P. revoked councils decision stating T.P regs 3) Appeal allowed no power to re-instate	553	TP:
Widower’s Pension A-Z	Entitlement to widower’s pension 1) Wife retired June 1986 2) Appeal dismissed	210	L86
Widower’s Pension A-Z	Contributions paid in respect of pre 1988 service 1) 1997 regs do not provide for dealing with payment 2) L97:52 option to increase membership 3) Referred back to employer to consider	464	TP:9
Widower’s Pension A-Z	Contributions paid in respect of pre 1988 service 4) 1997 regs do not provide for dealing with payment 5) L97:52 option to increase membership 6) Referred back to employer to consider	471	TP:9
Widower’s Pension A-Z	Widower disputed amount of pension 1) Pension calculated on post 5 April 1988 service 2) No additional contributions paid under C8A 3) Appeal dismissed	512	L95:
Widower’s Pension A-Z	Post retirement marriage 1) Spouse claimed pension should be 50% of husbands 2) Dad been misled by leaflet provided to husband 3) Appeal dismissed – (leaflet cannot override regs)	539	L95:F7
Widower’s Pension A-Z	Council refused to accept election to up-rate pre 1988 1) Member opted for deferred bens on transfer in 1995 2) Council refused as deferred not covered by 97 regs 3) Appeal allowed – regs require continuous member	835	L95:SchF1
Widower’s Pension A-Z	Claim of discrimination as pension on post 1988 service 1) Member retired 1993 died April 1998 2) Had not opted to uprate pre 1988 service 3) Appeal dismissed – 1997 regs do not apply	655	L95:

LOCAL GOVERNMEMT PENSION SCHEME

Secretary of State Appeal Determinations

INDEX A :

A Z hyperlink

Key to regulations used in this Index: