SUBJECT

MAIN POINTS

REF No.

Content & Regulation

Abatement of Pension

Annual basis for variable time employees

LGSS 316

Abatement of Pension

Chief officer

LGSS 52, LGSS 111

Abatement of Pension

Self-employed, working for an hourly fee

LGSS 318

Abatement of Pension

Re employment

LGSS 38, LGP 1, LGP 2, LGP 111, LGP 120, LGP 197, LGP 198, LGP 199

Abatement of Pension

Transfers to NHS

LGSS 84

Abatement of Pension

Protection as designated employee

1)      Transfer represented break of service

2)      Protection lost. Abatement allowed

212

Local Acts

Abatement of Pension

Potential abatement re 2^nd employment

1)      Member contented abatement not required

2)      Appeal dismissed

262

L86: E15

Abatement of Pension

Re-employed with a University

1)      University became “higher education corporation”

2)      Appeal dismissed – abatement allowed

3)      Recovery  of overpayment for employer to decide

284

L86: E15

Abatement of Pension

Member not informed of abatement on re-employment

1)      Retired June 1985 – re-employed Jan 1989

2)      Did not joint LGPS in re-employment

447

L86: E15

Absence

Is not “inefficiency”

LGSS 288

Accommodation

As an emolument

LGSS 238, LGSS 280

Accommodation

Must be assessed on market value

LGSS 321

A.C.P.’s

Treatment at resignation

LGSS 1

Actuarial Certificates

Reg.B8(1) (b) (ii)

LGSS 86

Added Years

Effect on employers’ contribution following transfer

LGSS 14

Added Years

Effect on percentage increase and on lump sum deduction

LGSS 55

Added Years

Employment as contributory employee

LGSS 2

Added Years

Reduced for payment of widows pension

LGSS 293

Added Years

Reduction to part-time service

LGSS 313

Added Years

Application after age 64

LGP 137

Added Years

Contract closed on acceptance of preserved benefits

LGP 138

Added Years

Contributions not deducted

LGP 27

Added Years

Entitlement under D10 of 1974 regulations

LGP 136

Added Years

Maximum entitlement

LGP 146, LGP 150, LGP 151

Added Years

Whether subject to2/80ths reduction

LGP 105, LGP 200

Additional Duties

Loss of on reorganisation

LGSS 53

Additional Contributions

Capitalisation of outstanding conts re pre 1972 service

1)      Employee wished Authority to deem conts paid

Appeal dismissed – No provision in regs

330

L86: Sch5

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

651

L86:C6

Additional Contributions

Definition of pensionable age

1)      Member wished to pay until age 65

2)      Eligible to retire at 60 with unreduced benefits

3)      Appeal dismissed – conts payable only to age 60

475

L86:c6

Additional Service

Purchase of – effect of failure to pass a statutory resolution

LGSS 298

Additional Service

Member claimed D10 service not paid correctly

1)      D.10 contract part paid

2)      Appeal dismissed – (benefits paid correctly)

361

1974 D10

Admission Agreement

Effect of

LGSS 229

Admin Authority

Can they decide what constitutes pensionable remuneration

LGP 123

Admitted Bodies

Contracting out decision

VAT and administration charges

LGSS 68, LGSS 87

LGSS 56

Admission to Scheme

Back-date entry

LGP 30, LGP31, LGP33, LGP34, LGP35, LGP156, LGP157, LGP158, LGP159, LGP161

Admission to Scheme

Date entitled to join

LGP 32, LGP 36, LGP 37, LGP 41, LGP 144

Admission to Scheme

Failure to take up option

LGP 153

Admission to Scheme

Late entry payment of contributions

LGP 160

Admission to Scheme

Part-time employee

LGP 29

Admission to Scheme

Re-admission – entitlement

LGP 145

Admission to Scheme

Fit for work but not for admission to the scheme

1)      Subsequently allow entry

2)      Refused application to back date to date of joining

3)      Appeal dismissed

222

L86:B1

Advice

Claimed negligence in not advising advantage of 97 regs

1)      Retired 31 March 1998 on efficiency

2)      Date of cessation employment matter

3)      Appeal dismissed – no requirement to provide

672

L97:102

Annuity Purchase

Delays resulted in reduced annuity amount

1)      Opted for open market option, price not guaranteed

2)      Delays in purchasing annuity

3)      S o S view council have not directly6 breached regs

4)      No power to award redress or compensation

656

L97:64

Annual rate of pay

In E15

LGSS 302

Age Limit

LGSS 90

Appeal

1937 Act rights

LGSS 59

Appeal

On health grounds, question of fact not a discretionary decision

LGSS 217, LGSS 285

Appeal Time Limit

Appeal out of time – failure to see notice

LGSS 186

Appeal Time Limit

Appeal out of time – effect of new N8

LGSS 277, LGSS 278

Appeal Time Limit

Appeal out of time

LGP 64, LGP 66, LGP 175

Appeal Time Limit

Refused permission to buy added years in 1975 & 1981

1)      Had not pursed appeal in 1975 or 1981

2)      No case made for delay in pursing dispute

3)      Unable to consider complaint at this late stage

681

L74:H2

Appeal Time Limit

Member unhappy with advise at time of redundancy

1)      Retirement 15 years ago

2)      Appointed Person deemed outside time limits

3)      Appeal dismissed – unable to determine

398

L97:102

Appeal Time Limit

Stage two time limits

1)      Delay of 9 months from stage one decision

2)      Appeal dismissed

504

L97:102

Appeal Process

Member appealed before decision taken by employer

1)      1^st stage of Appointed Person

2)      2^nd stage to Secretary of State

609

L97: 102

Appointment, Contract of

Purporting to admit to LGPS, not within DoE’s jurisdiction

LGSS 262

Apprentice

Not reckonable service

LGSS 227

Arrears

How treated for final year

LGSS 236

Assignment

Reg L14 to include refunds of contributions

LGSS 3

Assurance of EPB

Death before assurance completed

LGSS 70

Assurance of EPB

Death in service

LGSS 16

Assurance of EPB

Use of blanket assurance where there is a break in service

LGSS 15

AVC Annuity

Requirement to take annuity with scheme benefits

1)      Member wished to take advantage I.R flexibility

2)      Appeal dismissed in accordance with 1995 regs

3)      For council to decide if I.R. provision is overriding

250

L95:SchC4

Bachelors, Confirmed

TV must include accrued widow’s pension

LGSS 263

Bachelors, Confirmed

And intervening marriage and divorce

LGSS 323

Back date entry

Request to count previous p/t and w/t service

1)      Joined LGPS Jan 1996, W/T from Jan 1990

2)      Member unaware of option to join scheme

Appeal dismissed

376

1995

Benefits

Form taken – E19

LGSS 100

Benefits

Overseas employment

LGSS 174

Benefits

Duplication of service

LGSS  155

Benefits

Reduction on retirement at age 60 and under 25 years service

LGSS 164

Benefits

Early payment on compassionate grounds, no actuarial reduction if over 60

LGSS 294

Benefits

TUPE followed by redundancy

LGP 49

Benefits

Entitlement correctly assessed

LGP 205

Blanket Assurance

General effect

LGSS 69

Blanket Assurance

Later change to PIL

LGSS 18

Blanket Assurance

No Effect on EPB where there is a break in service

LGSS 15

Break in Service

No effect on EPB where there is a break in service

LGSS 15

Break in Service

In final year

LGSS 85

Calculating Years for Pension

Severn Trent v Cross

LGSS 271

Capital Payment

Spouse’s benefits

LGP 40

Cars

Alternative payments in lieu of car

LGSS 326, LGSS 335

Cars

Calculating the private use value of a leased care

LGSS 322

Cars

Car allowance – essential user

LGSS 279

Cars

Appeal against car being superannuable

LGSS 315

Cars

Essential user car allowance not superannuable

LGSS 17, LGSS 328, LGP 65, LGP 176

Cars

Car Loan

LGP 65

Cars

Car Parking

LGP 126

Cars

Compensation for changes in car arrangements

LGP 77

Cars

Leased car – one vehicle

LGP 68

Cars

Leased car – Pensionable

LGP 11, LGP 131, LGP 169

Cars

Lump Sum car allowance

LGP 70, LGP 73

Certificate of Material Reduction

Alteration in terms and conditions of employment

LGP 88, LGP 89

Certificate of Material Reduction

Change of employment

LGP 90, LGP 125

Certificate of Material Reduction

Temporary increase in pay

LGP 130

Cessation of Employment

Downgrading

LGSS 34

Chief Officers

Abatement following further employment

LGSS 52

Chief Officers

Abatement on final retirement

LGSS 111

Chief Officers

Further award following re-employment

LGSS 4, LGSS 32

Chief Officers

No refund for re-employed service

LGSS 33

Chief Officers

Pensions increases – effect of 1974 Act

LGSS 7

Chief Officers

Reimbursement of cost

LGSS 5

Chief Officers

Remuneration includes reorganisation payment

LGSS 6

Chief Officers

Even during sick leave

LGSS 8

Chief Officers

Stress

LGSS 248

Child’s Pension

Definition of eligible child

LGSS 88, LGP 62, LGP 182

Child’s Pension

Tax liability

LGSS 35

Child’s Pension

Calculation

LGP 63

Child’s Pension

Entitlement to child’s pension

1)      Child born after death of father,parents not married

2)      Unable to meet test of wholly or mainly dependant

Appeal dismissed

520

L95:G2

Child’s Pension

Test for payment on wholly or mainly dependent

1)      Parents not married

2)      Court order requiring small maintenance

3)      Appeal dismissed – not wholly or mainly dependent

377

L95: G2

CIPFA Subscriptions

Payment by employer

LGSS 279`

Combined Benefits

Effect of second employment on widow

LGSS 266

Combined Benefits

Option irrevocable

LGSS 260

Combined Benefits

Reimbursement

LGSS 9

Combined Benefits

Resignation after age 60

LGSS 105

Combined Benefits

Entitlement following transfer to private scheme

LGP 104

Commutation of Pension

LGSS 124

Commutation of Pension

Member requested payment of benefits in lump sum

1)      Annual pension of £676.20

2)      Appeal dismissed

293

L86:E21

Commutation of Pension

Council refused to allow commutation of pension

1)      member under SPA – pension greater than £195.00

2)      Appeal dismissed

715

L97: 49

Compensation

Claim for compensation

1) Appeal dismissed – no power to award compensation

351

L97: 102

Compensation under 1963 Regulations

Loss of pension increase because of National Insurance Benefits

LGSS 10

Compensation for Redundancy

LGSS 153

Compensatory Added Years

Not reckonable service

LGSS 258

Compensatory Added Years

Reduction and interest

LGP 196

Compensatory Added Years

Application of Compensation provisions

1)      Award of Added Years or Lump sum

2)      Outside the Scope

342

DP

Compensatory Added Years

Claimed that level of Added Years awarded unfair

1) Discretionary Added Years outside scope of LGPS

605

DP

Compensatory Added Years

Redundancy without added years compensation

1)      Member considered added years should be awarded

2)      No power in discretionary regs to allow appeal

453

DP

Compensatory Added Years

Effect of re-employment on added years benefits

1)      Member claimed no informed of effect

2)      Appeal dismissed outside scope

438

DP

Compounded interest and refunds

When payable

LGSS 310

Compounding of small pensions

On reinstatement of widow’s pension

LGSS 337

Computation of Participating Modifications

LGSS 123

Compassionate Grounds

Deferred benefits request for early payment

1)      Employer had policy on early payment

2)      Had acted reasonably in applying discretion

3)      Appeal dismissed

315

L95:D11

Conditioned Overtime Construing Regulations

LGSS 245

Continuous Temporary Employment

LGSS 305

Consultant, independent

Refusal to accept, effects of

LGSS 285

Contractual Error

Not within DoE’s jurisdiction

LGSS 262

Contractual Hours

Reduction

LGSS 161

Contractual Overtime

Definition

LGSS 30, LGSS 241

Contract of Service

Termination on downgrading

LGSS 34

Contracting-out Decision

Admitted Bodies

LGSS 68, LGSS 87

Contributions

Effect of upgrading on 45 year limit

LGSS 73

Contributions

Maternity leave

LGSS 67

Contributions

No repayment of refund following disqualifying break in service

LGSS 49

Contributions

Prior return: effect of

LGSS 198

Contributions

Recovery of contribution under C11 is a discretionary power and cannot be appealed

LGSS 290

Contributions

Refund covered by reg L14

LGSS 3

Contributions

Refund with injury allowance (see also refunds of contributions)

LGSS 37

Contributions

Are not damages

LGSS 282

Contributions

Date deductions to commence

LGP 68

Contributions

Period due

LGP 131

Contributions

Rate applicable

LGP 80, LGP 81

Contributions

Repayment

LGP 147, LGP 148, LGP 149

Cost of Medicals

Independent medical re early payment on health grounds

1)      Council proposed to charge member

2)      S of S view is that it is not appropriate to charge

713

L95:D11

Credited Service

(Following transfer value) treatment for lump sum deduction

LGSS 11