SUBJECT

MAIN POINTS

REF No.

Content & Regulation

Damages

Pension contributions do not count as

LGSS 282

Death Grant

Assurance of EPB

LGSS 16

Death Grant

Before assurance completed

LGSS 70

Death Grant

Calculation

LGP 43

Death Grant

Re-employed Pensioner

1)      Pension not in payment because of re-employment

2)      Appointed Person unable to decide

Concluded death grant of 2 x final pensionable pay

266

L95:E1

Death Grant

Claimed that they had been led to believe Death Grant due

1)      Member died on pension

2)      Benefits received greater than potential D.G.

3)      Appeal dismissed

549

L95:E3

Deferred Benefits

Application cannot be withdrawn once made

LGSS 245

Deferred Benefits

Effect of reg J9

LGSS 96

Deferred Benefits

The effects of drink on

LGSS 308

Deferred Benefits

Entitlement on downgrading

LGSS 34

Deferred Benefits

Gratuities

LGSS 47

Deferred Benefits

Late request for refund of contributions

LGSS 107

Deferred Benefits

No valid request for notice of contributions

LGSS 270

Deferred Benefits

Misconduct, where no refund allowed

LGSS 218

Deferred Benefits

No pension increase before age 55

LGSS 80

Deferred Benefits

Overseas Interchange Rules 1969

LGSS 95

Deferred Benefits

Retrospection to 1 April 1972

LGSS 27

Deferred Benefits

Time of coming into payment

LGSS 46, LGSS 96

Deferred Benefits

Transfers to NHS

LGSS 94

Deferred Benefits

Treatment of ACPs

LGSS 1

Deferred Benefits

Entitlement under regulation G11

LGP 50

Deferred Benefits

Two benefits – separate entitlement

LGP 178

Deferred Benefits

Application for early payment on ill-health grounds

1) Deferred Bens awarded on TUPE transfer

2) Medical exam concluded no permanent injury

3) Appeal dismissed

340

L95:D11

Deferred Benefits

Early payment on ill-health grounds

1) History of illness

2) Various medical examinations

3) Appeal dismissed – condition not permanent

380

L95:D11

Deferred Benefits

Application for early payment on ill-health grounds

1) Member had retired on I/H from new employment

2) Medical exam concluded ill-health permanent

3) Appeal allowed – payable from date of retirement

432

L86:D11

Deferred Benefits

Application for early payment on health grounds

1) Re instated after ill-health retirement

2) Subsequently dismissed – awarded deferred benefits

3) Medical exam concluded no permanent ill-health

4) Appeal dismissed

454

L95:D11

Deferred Benefits

Application for early payment on health grounds

1) PSV licence revoked because of diabetes

2) Medical exam inconclusive

3) Appeal dismissed

470

L95:D11

Deferred Benefits

Early payment on ill-health grounds

1) Ill-health not permanent on termination

2) Member claimed condition has now deteriorated

3) Medical concluded condition now permanent

4) Appeal allowed – payable from date of medical

517

L95:D11

Deferred Benefits

Application for early payment on ill-health grounds

1) Claim that all evidence not taken into account

2) Appeal dismissed – permanency not proven

742

L95:D11

Deferred Benefits

Early payment on ill-health grounds

1) Member claimed unable to work due to stress

2) Refused on grounds condition treatable

3) Appeal dismissed – condition not permanent

543

L95:D11

Deferred Benefits

Application for early payment on ill-health refused

1) Duties changed in final 6 wks to include lifting

2) Previous duties supervisory no lifting

3) Appeal allowed – duties on termination

590

L95:D11

Deferred Benefits

Application for early payment on ill-health refused

1) Employment terminated due to prolonged sickness

2) Possibility that treatment will improve condition

3) Appeal dismissed – permanence not proven

674

L86:D11

Deferred Benefits

Application for early payment refused

1) Council only considered ill-health grounds

2) Had not considered early release under 31(2)

3) Council must exercise their discretion

847

L97:31

Dependency

Definition of, effect of Court Order on

LGSS 189

Dependency

50% test

LGSS 231

Dews v NCB

LGSS 282

Discretions

Effect on employers’ contributions

LGSS 13

Discretions

Dismissal on health grounds, question of fact (not discretionary

LGSS 217

Discretions

Ill health enhancement – powers of DoE

LGSS 257

Discretions

No appeals against use of discretionary power

LGSS 223

Discretions

Recovery of contributions under C11 is exercise of a discretionary power

LGSS 290

Disqualifying Break

No repayment of refunded contributions

LGSS 49

Disqualifying Break

Transfer to private sector

LGSS 65

Divorce

Pre 1974 lump sum – C2A contributions

LGSS 254

Divorced Women

Lump sum deduction Reg E12

LGSS 54

Downgrading

Entitlement to deferred benefits

LGSS 34

Downgrading

Former section 6(5) cases

LGSS 48

Drink and preserved benefits

LGSS 308

(1974) E2(4) (e) Option

Irrevocable

LGSS 260

(1974) E3(4)

Percentage increase on retiring allowance

LGSS 261

E15

Construing fact “C”

LGSS 302

Earnings Potential

Payment for loss of potential earnings, Pensionable Remuneration

LGSS 214

EEC Referendum

Election Fees

Returning officer’s fees

LGSS 93, LGSS 118, LGSS 63, LGSS 92

Election not to be Pensionable

Effect

LGSS 224

Electoral Fees

Part of main employment

1) Fees additional to salary

2) Electoral duties included in Job Description

3) Appeal Allowed

206

L95:C2

Electoral Fees

Duties included in Job Description

1) No requirement to repay fees

2) Fees related to contract of employment

3) Appeal allowed

223

L95:C2

Electoral Fees

Pensionable remuneration

1) Former employer had resolved as pensionable

2) Duties part of contract

3) Appeal allowed

231

L95:C2

Eligibility

Late application

LGSS 171

Eligible Child

Definition

LGSS 88

Eligible Child

Definition: assumption of parental responsibility

LGSS 205

Emoluments

Accommodation, free or reduced rent

LGSS 238

Emoluments

Value of a car: income tax charge equivalent not relevant

LGSS 265

Employees becoming part-time

LGSS 113

Employers Contributions

Computation where discretions have been exercised

LGSS 13

Employers Contributions

Liability following transfer in added years cases

LGSS 14

Enhancement (see “Added years”)

Entitlement to Increase of Retiring Allowance

Disqualifying break: whether a contributory employee

LGSS 183

Entitlement to Benefit

On transfer to private contractor (TUPE)

LGP 114

Environment, Department of

Ill health assessments, powers to effect

LGSS 257

EPB

Assurance on death in service

LGSS 16

EPB

Blanket assurance and later change to PIL

LGSS 18

EPB

Blanket assurances where breaks in service

LGSS 15

EPB

Liability following transfer

LGSS 72

EPB

Liability on transfer between Local Authorities

LGSS 17, LGSS 71

Equal Annual Charges

Settlement at 31 March 1974

LGSS 19

Equal Annual Charges

When applicable

LGSS 259

Equalisation Certificate

Council refused to sign equalization certificate

1) Member claims refusal is causing financial loss

2) Appeal dismissed – no provision to sign certificate

3) Also no power to make additional payment

702

L97:117

Estimate of Benefits

Requirement to honour estimate

1) Member claims trust between parties

2) Appeal dismissed – outside scope

288

L95:J8/J9

Estimate of Benefits

Actual benefits less than estimates

1) Request for estimate to be honoured

2) No requirement to provide estimate

3) Appointed person & Secretary of State no power

323

L97:102

Estimate of Benefits

Actual benefits less than estimate

1) Member claimed compensation or benefits in line

2) Appeal dismissed - No power to over rule regs

456

L95

Essential user car allowance

LGSS 328

Estoppel

When not applicable

LGSS 230

Examination, Medical

Effects of resolution enforcing

LGSS 274

Ex Gratia Payment

Noted in an appeal

LGSS 259

Excess Contributions

Treatment of surplus funds re PIA reviews

1) Appointed person ruled in accordance with I.R guide

2) No power to consider

307

L95:J8/J9

Excess Contributions

Member claimed refund of “excess” contributions

1) Excess contributions placed in AVC fund

2) Regs silent on contributions including “excess”

3) Appeal dismissed – no provision within LGPS

652

L97:122A

Final Pay

Member claimed all pay received in final year to count

1) Pay arrears of £10,316 received in final year

2) Appeal dismissed

755

L97:21

Forfeiture

1937 Act appeals rights – grave misconduct

LGSS 59

Forfeiture

Procedure

LGSS 20

Forfeiture

Refunds of contributions

LGSS 83

Forfeiture

Recovery of sums stolen

LGSS 210

Forfeiture

Failure to issue L13 certificate a bar

LGSS 100

Form of Benefits

(1974) reg E19

LGSS 100

Frozen Benefits

See “deferred benefits”

Gas Board

Not reckonable service

LGSS 228

Government Pay Policy

Effect on superannuation

LGSS 58

Government Pay Policy

Effect on transfer value

LGSS 103

Graduated Pension Scheme

Acceptance of liability for EPB on transfer between Local Authorities

LGSS 17

Graduated Pension Scheme

Assurance of EPB on death in service

LGSS 16

Graduated Pension Scheme

Blanket assurances and later change to PIL

LGSS 18

Graduated Pension Scheme

Blanket assurance of EPBs where break in service

LGSS 15

Graduated Pension Scheme

Death of employees before assurance completed

LGSS 70

Graduated Pension Scheme

General effect of blanket assurances

LGSS 69

Gratuities

Preservation under Social Security Act 1973

LGSS 47, LGSS 89

Gratuities

TSS

TSS 1

Grave Misconduct

Related to employment – forfeiture

LGSS 59

Grave Misconduct

Prohibition of tipping – forfeiture

LGSS 185

Guaranteed Minimum Pensions

Liability after transfers

LGSS 72

Guaranteed Minimum Pensions

Specification for calculations

LGSS 64

Guaranteed Minimum Pensions

Transfers within Local Government Scheme

LGSS 71

Guaranteed Minimum Pensions

Claimed % reduction of benefits only applied to men

1) Also entitled to G.M.P

2) Appeal part allowed – GMP applies must recalc

547

L97:36

Honorarium

In arrear, treatment for final year

LGSS 236

Housing Association Staff

Pensions increases

LGSS 81