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
INDEX B
APPEAL DETERMINATIONS
SUBJECT |
MAIN POINTS |
REF No. |
Content & Regulation |
Ill Health |
Appeal by administering authorities |
LGSS 168, LGSS 169, LGSS 217, LGP12 |
|
Ill Health |
Calculation Method |
LGSS 257, LGP22, LGP23, LGP24, LGP25, LGP64, LGP117 |
|
Ill Health |
Exhaustion of sick pay |
LGSS 36, LGSS 10, LGP 20 |
|
Ill Health |
Increase of reckonable service |
LGSS 77, LGP 11 |
|
Ill Health |
Job release |
LGSS 178 |
|
Ill Health |
Reasonableness |
LGSS 114 |
|
Ill Health |
Medical condition at time of leaving |
LGSS 250, LGP 7, LGP8, LGP9, LGP10, LGP14, LGP15, LGP16, LGP17, LGP18, LGP161, LGP183, LGP184, LGP185, LGP186, LGP187, LGP188, LGP189 |
|
Ill Health |
Benefits less than estimates |
LGP 13 |
|
Ill Health |
Change of job |
LGP 19 |
|
Ill Health |
Release of deferred benefits |
LGP 21, LGP 48, LGP 192 |
|
Ill Health Enhancements |
Effect of change of definition of P/T from 2 May 1995 1) Member worked 33 hrs per week 2) Deemed part-time from 2 May 1995 3) Appeal allowed – (para 10(2) of Schedule M4) |
443 |
L95:SchM4 |
Ill Health |
Medical condition at time of Tupe Transfer 1) Awarded Deferred Benefits 2) Medical Exam concluded permanent ill-health 3) Enhanced benefits paid from date leaving LG |
208 |
L95:D7 |
Ill Health |
Medical condition at time of leaving 1) Medical exam concluded still not permanent 2) Appeal dismissed |
214 |
L86:E2 |
Ill-Health |
Medical condition at time of leaving 1) History of back pain 2) Medical exam not conclusive 3) Appeal dismissed |
216 |
L86:E2 |
Ill-Health |
Medical condition at time of leaving 1) History of illness 2) Medical Exam confirmed depression/fatigue 3) Possibility of improvement-Appeal dismissed |
219 |
L95:D7 |
Ill-Health |
Medical condition at time of leaving 1) Neurasthenia/personality disorder 2) Medical exam concluded unlikely to improve 3) Appeal allowed |
220 |
L86:E2 |
Ill-Health |
Medical condition at time of leaving 1) History of depression and anxious 2) Limited response to treatment 3) Appeal allowed |
221 |
L95:D7 |
Ill-Health |
Medical condition at time of leaving 1) History of arthritis 2) Medical exam concluded no evidence of problem 3) Appeal dismissed |
225 |
L86:E2 |
Ill-Health |
Medical condition at time of leaving 1) Chronic lower back pain 2) Medical exam confirmed back pain & sciatica 3) Appeal allowed |
226 |
L86:E2 |
Ill-Health |
Medical condition at time of leaving 1) Unable to wear protective clothing 2) Applied for early payment of deferred benefits 3) Appeal dismissed |
227 |
L86:E2 |
Ill-Health |
Medical condition at time of leaving 1) DVLA withdrew PVC licence 2) Conflicting medical opinions 3) Appeal dismissed |
228 |
L95:D7 |
Ill-Health |
Medical condition at time of transfer 1) History of Depression & paranoia 2) Medical exam concluded condition permanent 3) Appeal allowed (benefits paid from transfer date) |
230 |
L95:E7 |
Ill-Health |
Medical condition at time of leaving 1) Chronic anxiety disorder 2) Medical exam confirmed unlikely to improve 3) Appeal allowed |
233 |
L86:E2 |
Ill-Health |
Medical condition at time of leaving 1) Back problem 2) Medical exam concluded condition treatable 3) Appeal dismissed |
234 |
L95:D7 |
Ill-Health |
Medical condition at time of leaving 1) History of back pain 2) Medical exam confirmed condition 3) Appeal allowed |
235 |
L86:E2 |
Ill-Health |
Medical condition at time of leaving 1) Cervical spondylosis 2) Medical exam concluded condition treatable 3) Appeal dismissed |
237 |
L95:E2 |
Ill-Health |
Medical condition at time of leaving 1) Deferred benefits paid early 2) Medical exam concluded condition existed at leaving 3) Appeal allowed (Ill-health plus enhancement) |
239 |
L86:E2 |
Ill Health |
Medical condition at time of leaving 1) History of ill-health 2) Tupe transfer awarded deferred benefits 3) Medical exam concluded well established illness 4) Appeal allowed (ill-health plus enhancement) |
241 |
L95:D7 |
Ill-Health |
Medical condition at time of leaving 1) History of illness pre & post leaving 2) Medical exam confirmed depression etc 3) Appeal allowed |
242 |
L86:E2 |
Ill-Health |
Medical condition at time of leaving 1) Council failed to decide 2) Medical exam confirmed clinical depression 3) Appeal allowed |
243 |
L95:D7 |
Ill-Health |
Medical condition at time of leaving 1) Awarded deferred benefits subsequently paid early 2) Medical exam concluded whiplash injury worsening 3) Appeal allowed (ill-health plus enhancement) |
253 |
L86:E2 |
Ill-Health |
Medical condition at time of leaving 1) Awarded deferred benefits, paid early on ill-health 2) Medical exam confirmed psychiatric condition 3) Condition had existed before date of leaving 4) Appeal allowed (ill-health plus enhancement) |
260 |
L86:E2 |
Ill-Health |
Medical condition at time of retirement 1) Member resigned 2) Evidence of permanent ill-health 3) Appeal dismissed – No evidence resigned due illness |
271 |
L95:D7 |
Ill-Health |
Medical condition at time of leaving 1) History of back and neck problems 2) Medical exams no conclusive evidence 3) Appeal dismissed |
277 |
L86:E2 |
Ill-Health |
Medical condition at time of leaving 1) Accident at work 2) Medical exam concluded degenerative disc disease 3) Appeal allowed |
287 |
L86:E2 |
Ill-Health |
Medical condition at time of leaving 1) Employment terminated on redundancy grounds 2) Deferred benefits paid early on ill-health 3) Medical exam not conclusive 4) Appeal allowed – ill-health with enhancement |
299 |
L86:E2 |
Ill-Health |
Medical condition at time of leaving 1) Suffered injury at work 2) Retirement on efficiency grounds 3) Medical exam confirmed condition permanent 4) Appeal allowed – Ill-health plus enhancement |
302 |
L86:E2 |
Ill-Health |
Medical condition at time of leaving 1) History of angina 2) Medical exam unable to confirm permanency 3) Appeal allowed – Regard to duties of employment |
305 |
L86:E2 |
Ill-Health |
Medical condition at time of leaving 1) History of chronic fatigue syndrome 2) Medical concluded condition unlikely to improve 3) Appeal allowed |
306 |
L86:E2 |
Ill-Health |
Entitlement to retire on ill-health grounds 1) employee is still in employment 2) Council refuses to allow ill-health retirement 3) No power to consider – employee still employed |
336 |
L97:27 |
Ill-Health |
Medical condition at time of leaving 1) Absent from work due to injury at work 2) Placed in redeployment pool 3) Medical exam concluded no permanent injury 4) Appeal dismissed |
339 |
L95:E2 |
Ill-Health |
Medical condition at time of leaving 1) Deferred benefits awarded on TUPE transfer 2) Deferred benefits paid early on ill-health 3) Medical exam concluded that condition existed 4) Appeal allowed – Ill-health plus enhancement |
363 |
L95:D7 |
Ill-Health |
Medical condition at time of transfer (TUPE) 1) Employee on sick leave at date of transfer 2) Awarded deferred benefits – paid early on ill-health 3) Appeal dismissed |
412 |
L86:E2 |
Ill-Health |
Medical condition at time of leaving 1) History of coronary problems 2) Medical exams could not confirm “permanent” 3) Appeal dismissed |
421 |
L97:27 |
Ill-Health |
Medical condition at time of leaving 1) History of sickness 2) Medical exam concluded illness permanent 3) Appeal allowed – ill-heath plus enhancement |
424 |
L95:D7 |
Ill-Health |
Medical condition at time of leaving 1) History of illness 2) Made redundant – awarded deferred benefits 3) Medical exam concluded permanent ill-health 4) Appeal allowed – ill-health with enhancement |
428 |
L86:E2 |
Ill-Health |
Medical condition at time of leaving 1) History of illness and depression 2) Medical exam concluded conditions treatable 3) Appeal dismissed |
429 |
L95:D7 |
Ill-Health |
Medical condition at time of leaving 1) Certified as permanently unfit-voluntary resigned 2) Deferred bens paid from day following resignation 3) Appeal dismissed –post 28 March 1997 leaver |
473 |
L95:D7 |
Ill-Health |
Medical condition at time of leaving 1) History of back problems 2) Employment terminated on capability grounds 3) Medical exam concluded condition not permanent 4) Appeal dismissed |
493 |
L95:D7 |
Ill-Health |
Medical condition at time on leaving 1) History of Back problem 2) Medical concluded unable to carry out all duties 3) Appeal allowed |
495 |
L95:D7 |
Ill-Health |
Medical condition at time of leaving 1) Member dismissed for gross misconduct 2) Deferred subsequently paid on ill health grounds 3) Medical concluded medical condition existed 4) Appeal allowed – ill-health with enhancements |
518 |
L95:D7 |
Ill-Health |
Medical condition at time of leaving 1) Employment terminated–deferred benefits awarded 2) Deferred benefits paid early on ill-health grounds 3) Medical concluded condition existed on leaving 4) Appeal allowed – ill-health with enhancements |
519 |
L86:E2 |
Ill-Health |
Medical condition at time of leaving 1) Termination on voluntary severance age 50 plus 2) Ill-health not pursued by employer 3) Appeal dismissed-termination not due to incapacity |
523 |
L97:27 |
Ill-Health |
Medical condition at time of leaving 1) Employment terminated on medical incapacity 2) Off work due to accident at work for over 2 yrs 3) Medical concluded injury permanent 4) Appeal allowed |
528 |
L95:D7 |
Ill-Health |
Medical condition at time of leaving 1) History of back pain 2) Employment terminated on capability grounds 3) Medical concluded not permanent 4) Appeal dismissed |
529 |
L95:D7 |
Ill-Health |
Medical condition at time of leaving 1) Employment ceased due to health problems 2) Medical advice inconclusive re permanence 3) Appeal dismissed 4) Council must seek further report and decide |
708 |
L97:27 |
Ill-Health |
Medical condition at time of leaving 1) No proof of permanent ill-health at time of leaving 2) Applied for early payment on health grounds 3) Benefits paid from date of certificate 4) Appeal part allowed – paid from date of medical |
733 |
L86:E2 |
Ill-Health |
Medical condition at time of leaving 1) Off work since being involved in accident 2) PSV licence revoked, employment terminated 3) Appeal dismissed – not proved permanent |
739 |
L97:27 |
Ill-Health |
Medical condition at time of leaving 1) Appointed person awarded payment of I/H benefits 2) Employer appealed against decision 3) Appeal dismissed- permanency proven on balance |
749 |
L97:27 |
Ill-Health |
Claimed for ill-health pension or early payment of DB 1) Employment terminated on redundancy grounds 2) Appeal dismissed not terminated on ill-health 3) Council to reconsider application for early payment |
754 |
L97:27 |
Ill-Health |
Member applied for early retirement on ill-health 1) Council refused ill-health retirement 2) Member still employed 3) Appeal dismissed – no entitlement whilst in post |
757 |
L97:27 |
Ill-Health |
Responsibility for obtaining medical certificate 1) Employer appeal against A. P. decision 2) Employer had not obtained certificate 3) Appeal dismissed–employer must obtain certificate |
783 |
L97:27 |
Ill-Health |
Medical condition at time of leaving 1) Member claimed injury at work led to retirement 2) Appeal allowed – ill-health and injury award |
545 |
L86:E2 |
Ill-Health |
Medical condition at time of leaving 1) Contract terminated on grounds of capability 2) Member claimed back injury caused at work 3) Appeal allowed – injury permanent |
551 |
L86:E2 |
Ill-Health |
Medical condition at time of leaving 1) Employment terminated due to TUPE type transfer 2) Medical indicated ill-health at that time 3) Appeal part allowed – ill-health benefits payable No injury allowance as termination not on health reasons |
558 |
L95:D7 |
Ill-Health |
Appointed Person awarded payment of ill-health benefits 1) Employed as bus driver involved in serious accident 2) Dismissed because of involvement in accident 3) Appeal pt allowed – not entitled to I/H benefits 4) However entitled to early payment of deferred bens |
567 |
L97:31 |
Ill-Health |
Medical condition at time of leaving 1) Employment as home help terminated 2) Suffering from viral fatigue syndrome 3) Appeal allowed – on balance of probabilities |
574 |
L86:D7 |
Ill-Health |
Medical condition at time of leaving 1) Member resigned whilst on sick leave 2) Deferred benefits paid early 15 months later 3) Appeal dismissed – no conclusive evidence |
587 |
L86:E2 |
Ill-Health |
Medical condition at time of leaving 1) History of psychological problems 2) Condition not proven permanent 3) Appeal dismissed |
624 |
L97:27 |
Ill-Health |
Medical condition at time of leaving 1) Member suffering from post viral fatigue syndrome 2) Not considered permanent, retired on efficiency 3) Appeal dismissed |
661 |
L95:D7 |
Ill-Health |
Council appeal against Appointed Person’s decision 1) Council refused ill-health retirement 2) Appointed Person awarded ill-health benefits 3) Ill-health not proven - Council must reconsider |
838 |
L97:97 |
Ill-Health |
Medical condition at time of TUPE transfer 1) Ill-health retirement under consideration 2) Not resolved by time of TUPE transfer 3) Appeal dismissed – employment not ceased |
839 |
L97:27 |
Ill-Health |
Medical condition at time of redundancy retirement 1) Member asked to be considered for I/H retirement 2) Council confirmed redundancy. 3) Council had rejected I/H without certificate 4) Council must reconsider in proper fashion |
840 |
L97:27 |
Ill-Health |
Appointed Person concluded need for medical 1) Employment terminated on incapability, no I/H 2) Employer had not obtained medical advice 3) Employer must reconsider in proper fashion |
841 |
L97:27 |
Ill-Health |
Council appealed against Appointed Person’s decision 1) Ill-health retirement refused by employer 2) Appointed Person awarded ill-health benefits 3) Appeal allowed - based on A.P’s medical |
845 |
L97:27 |
Ill-Health Enhancement |
Reduced enhancement due to part-time service 1) Calendar service 15yrs 234dys 2) Reckonable service 11yrs 41dys 3) Enhancement 6yrs 243dys not service to 20yrs 4) Appeal dismissed |
321 |
L86:Scd9 |
Ill-Health Enhancement |
Calculation of ill-health enhancement 1) Claimed transferred in service should not count 2) Appeal dismissed |
496 |
L95:D7 |
Ill-Health Enhancement |
Council reduced benefits as wrong enhancement given 1) Member had 19 yrs 189 dys scheme membership 2) 16 yrs 41 dys purchased or personal pension credit 3) Appeal dismissed–under 5 yrs total membership |
636 |
L95:D7 |
Ill-Health Enhancement |
Ill-Health Enhancement Employer appealed against A.P. decision 1) Mix of W/T & P/T , W/T between 10 & 13 years 2) A.P. awarded enhancement to 20 years 3) Appeal dismissed,p/t cannot decrease entitlement |
854 |
L97:28 |
Ill-Health Procedure |
Medical condition at time of leaving 1) Employed as refuse operative, conflicting medicals 2) Employment terminated on incapacity grounds 3) Case referred back, decision not taken properly |
855 |
L97:27 |
Ill-Health/Injury |
Injury caused by Assault (subsequent deterioration) 1) Medical Exam concluded permanent ill-health 2) Injury contributory factor 3) Ill-health and injury award payable |
211 |
L95:E.2/L.3 |
Ill-Health/Injury |
Medical condition at time of leaving 1) Back injury at work further injury after leaving 2) 1st injury not permanent 2nd permanent 3) Deferred benefits payable early |
229 |
L86:E2 |
Inaccurate Calculation Income Tax |
Not binding on DoE |
LGSS 259 |
|
Inaccurate Calculation Income Tax |
Children’s pensions relief on tax on employee’s voluntary contributions |
LGSS 35, LGSS 21 |
|
Inaccurate Calculation Income Tax |
Tax equivalent and the value of cars |
LGSS 264 |
|
Increase in Pay |
Not receiving an increase in pay does not constitute a reduction for (1974) Reg L11 |
LGSS 212 |
|
Increase in Pay |
Temporary, effect of upon cessation |
LGSS 216 |
|
Increases in Reckonable Service |
Election |
LGSS 102 |
|
Increases in Reckonable Service |
Further education |
LGSS 91 |
|
Increases in Reckonable Service |
Ill health |
LGSS 77 |
|
Increases in Reckonable Service |
Provisional application |
LGSS 39, LGSS 102 |
|
Independent medical practitioner |
Member applied for early payment of preserved benefits 1) Application refused after medical advise 2) Medical advisor not qualified 3) Must refer to appropriately qualified adviser |
738 |
L97:97 |
Indirect Service |
Upgrading |
LGSS 78 |
|
Injury Allowance |
With refund of contributions |
LGSS 37 |
|
Injury Allowance |
Delay due to medical evidence |
LGSS 248 |
|
Injury Allowance |
Casual connection |
LGSS 248 |
|
Injury Allowance |
Staff canteen – attendance not a “requirement” of the job |
LGSS 299, LGP 4 |
|
Injury Allowance |
State Retirement Pension to be included |
LGSS 266 |
|
Injury Allowance |
Failure to grant |
LGP 3, LGP187, LGP188, LGP189, LGP190, LGP193, LGP194 |
|
Injury Allowance |
Late application |
LGP 5 |
|
Injury Allowance |
Not employed in relevant employment |
LGP 133 |
|
Injury Allowance |
Reduction in remuneration |
LGP 194, LGP195 |
|
Injury Allowance |
Whether the result of an incapacity |
LGP 6, LGP 10, LGP 192 |
|
Injury Allowance |
Whether the Secretary of State can decide amount |
LGP 191 |
|
Injury Allowance |
To cover loss of remuneration 1) No accident form completed at time of incident 2) Subsequent exam unable to prove injury 3) Appeal dismissed |
215 |
L86:L4 |
Injury Allowance |
Cause of illness 1) Ill-health paid due to depressive disorder 2) Linked to discovery of asbestos in workplace 3) Appeal allowed |
236 |
L86:L3 |
Injury Allowance |
Stress related to incident at work 1) Medical exam concluded stress related to injury 2) Appeal allowed (injury allowance payable under L3) 3) Also payable in respect of reduced remuneration |
247 |
L86:L4 |
Injury Allowance |
Permanent ill-health caused by injury 1) Incapacity caused by injury 2) Appeal allowed |
302 |
L86:L2/L3 |
Injury Allowance |
Ill-health caused by accident at work 1) Retirement on ill-health grounds 2) Accident form completed 3) Medical concluded ill-health a result of accident 4) Appeal allowed |
311 |
L86:L3 |
Injury Allowance |
Employment terminated by redundancy 1) Injury award only considered in cases of incapacity 2) Appeal dismissed |
345 |
L86:L3 |
Injury Allowance |
Back injury at work due to accident 1) Excepted early retirement under reorganisation 2) Appeal dismissed – termination not due to ill-health |
353 |
L86:L3 |
Injury Allowance |
Sustained injuries whilst in charge of council vehicle 1) Termination stated as end of temp contract 2) Unable to prove employment ended by incapacity 3) Appeal dismissed |
423 |
L96:34 |
Injury Allowance |
Move to lower paid job due to stress of work 1) Claimed stress due to harassment and bullying 2) Accepted that harassment and bullying took place 3) Appeal dismissed – not injury as result of duties |
469 |
L86:L4 |
Injury Allowance |
Change of work conditions caused health break down 1) Registered disable on appointment 2) Unable to carry out new duties-ill-health retirement 3) Appeal dismissed |
479 |
L95:34 |
Injury Allowance |
Depressive illness due to work 1) Medical concluded stress of reorganisation 2) Significantly contributed to illness 3) Appeal allowed –entitled to an allowance |
490 |
L96:34 |
Injury Allowance |
Ill-health retirement due injury at work 1) Off work since date of incident 2) Medical concluded ill-health partly due to injury 3) Appeal allowed |
502 |
L96:34 |
Injury Allowance |
Knee injury do to accident at work 1) Employment terminated on redundancy grounds 2) Deferred benefit paid early on ill-health 3) Appeal dismissed–termination not due to ill-health |
508 |
L86:L3 |
Injury Allowance |
Medical condition aggravated by injury 1) Off work since accident, subsequent ill-health 2) Medical concluded incapacity part due to injury 3) Appeal allowed |
516 |
L96:34 |
Injury Allowance |
Entitlement to allowance in respect of accident at work 1) Termination on voluntary severance (see case 523) 2) Injury allowance only payable on incapacity 3) Appeal dismissed |
524 |
L96:34 |
Injury Allowance |
Member claimed loss of remuneration was work related 1) Reduction in remuneration due to sick pay ending 2) Claim that sickness due to work related stress 3) S of S view is no compelling evidence 4) Council ordered to reconsider in proper fashion |
710 |
L96:35 |
Injury Allowance |
Accident at work led to ill-health retirement 1) Retired on ill-health grounds 2) No evidence accident cause of ill-health retirement 3) Appeal dismissed |
711 |
L96:34 |
Injury Allowance |
Claim for payment of injury allowance 1) No formal application submitted to employer 2) Member told to apply to employer first |
718 |
L96:34 |
Injury Allowance |
Motor accident led to ill-health retirement 1) History of medical problems 2) Accident did not exacerbate underlying problem 3) Appeal dismissed |
722 |
L96:34 |
Injury Allowance |
Claim that ill-health due to “bad management” 1) Claim that employer had not looked at all evidence 2) No reasons given for decision 3) Employer must reconsider their decision |
734 |
L96:34 |
Injury Allowance |
Claim that “harassment at work” caused illness 1) Agreed that harassment & bullying took place 2) Appeal dismissed 3) Work environment condition not same as injury |
735 |
L96:34 |
Injury Allowance |
Member sustained injury to hand and arm at work 1) Council rejected application for following reasons 2) Not member of LGPS 3) Injury due to accident, no negligence on employer 4) Council must reconsider, failed to consider properly |
756 |
L96:34 L96:35 |
Injury Allowance |
Member claimed injury factor in ill-health retirement 1) Employment terminated permanent ill-health 2) Employer stated injury not contributing factor 3) Appeal allowed – on balance of probabilities |
763 |
L96:34 |
Injury Allowance |
Member claimed injuries factor in ill-health retirement 1) Back injury as result of number of incidents 2) Application refused- unable to supply details 3) Council ordered to reconsider application |
766 |
L96:34 |
Injury Allowance |
Member claimed injury due to suspension from work 1) Suspension from work caused psychological injury 2) Employer claimed didn’t count as injury at work 3) Appeal allowed |
544 |
L86:L2 |
Injury Allowance |
Psychological state due to work 1) History of anxiety and panic attacks 2) Retired on ill-health grounds 3) Appeal dismissed – no conclusive evidence |
552 |
L96:34 |
Injury Allowance |
Ill-health retirement due to injury at work 1) Member assaulted whilst on duty 2) Council claimed ill-health not do to assault 3) Appeal dismissed |
556 |
L96:34 |
Injury Allowance |
Claim that injury resulted in retirement on ill-health 1) Broke ankle whilst at work developed ostcoarthritis 2) Council refused to pay injury allowance with I/H 3) Appeal allowed – council must decide amount |
586 |
L96:34 |
Injury Allowance |
Injury due to assault at work 1) Ill-health retirement after extended sick leave 2) Council claimed injury not cause of ill-health 3) Appeal allowed – ill-health partly due to injury |
589 |
L96:34 |
Injury Allowance |
Claim that ill-health retirement work related 1) Retired on ill-health grounds 2) History of anxiety/depression 3) Appeal dismissed – illness not solely result of work |
606 |
L96:34 |
Injury Allowance |
Claim that ill-health retirement work related 1) Retired on ill-health grounds 2) Conflicting medical advice, repetitive strain injury 3) Appeal allowed – on balance of probabilities |
608 |
L86:L2 |
Injury Allowance |
Member claimed ill-health retirement due work injury 1) Member suffered back injury in accident at work 2) History of back problems 3) Appeal dismissed - exacerbated existing condition |
619 |
L96:34 |
Injury Allowance |
Member claimed ill-health retirement due to work injury 1) Agreed that member had accident at work 2) No conclusive medical evidence 3) Appeal dismissed – onus on member to prove |
620 |
L96:34 |
Injury Allowance |
Claimed that injury cause of ill-health retirement 1) Injured knee in fall at work 2) Employer considered this exacerbated old injury 3) Appeal allowed – injury led to retirement |
630 |
L96:34 |
Injury Allowance |
Claim for injury allowance to cover loss of salary 1) Member claimed hand injury resulted in loss of pay 2) Conflicting evidence as to accident 3) Appeal dismissed – accident not proven |
631 |
L96:35 |
Injury Allowance |
Claim that injury cause of ill-health retirement 1) Injured back in accident at work 2) Injury exacerbated existing condition 3) Appeal dismissed |
632 |
L96:34 |
Injury Allowance |
Claimed injury lead to loss of salary 1) Member suffering from tenosynovitis 2) Loss of pay due to sick pay ending 3) Appeal allowed |
633 |
L96:35 |
Injury Allowance |
Claimed that injury cause of ill-health retirement 1) Member injured back in accident at work 2) Subsequently off sick until ill-health retirement 3) Appeal allowed |
634 |
L96:34 |
Injury Allowance |
Claimed that injury cause of ill-health retirement 1) History of anxiety and depression 2) No evidence of specific injury or accident 3) Appeal dismissed |
635 |
L96:34 |
Injury Allowance |
Claimed that injury was cause of termination on ill-health 1) Evidence of rheumatoid disease 2) Medical view disease not caused by work 3) Appeal dismissed |
662 |
L96:34 |
Injury Allowance |
Claimed that injury was cause of ill-health retirement 1) Sustained injuries to head as result of being kicked 2) Retired due to shoulder, neck and arm pain 3) Appeal allowed – injury did cause the incapacity |
663 |
L96:34 |
Injury Allowance |
Claimed that injury was cause of ill-health retirement 1) Injury to head as result of accident 2) Retired due to tinnitus and vertigo 3) Appeal dismissed – link not proven |
664 |
L96:34 |
Injury Allowance |
Claim that injury was cause of ill-health retirement 1) Ill-health retirement due to reactive depression 2) Claim that depression was work related 3) Appeal dismissed – no proof of work related |
676 |
L96:34 |
Injury Allowance |
Ill-health pension paid due to permanent ill-health 1) History of ill-health 2) Appeal dismissed – accidents not cause of ill-health |
443 |
L86:L2 |
Injury Allowance |
Work conditions cause of ill-health 1) Retired on permanent ill-health (stress related) 2) Claim that illness due to work environment 3) Appeal dismissed – no conclusive evidence |
689 |
L96:34 |
Injury Allowance |
Employer refused application for injury award 1) No reasons given for refusal (reg 45(4) & (5)) 2) Council must reconsider in proper fashion 3) Council had contravened regulation 45 |
700 |
L95:33 |
Injury Allowance |
Claim that ill-health due to injury at work 1) Ill-health retirement – history of repetitive strain 2) Various medical no link to accident at work 3) Appeal dismissed |
703 |
L96:34 |
Injury Allowance |
Application for injury award not determined 1) Council deemed that they cannot determine 2) Council informed that 45(1) requires a decision 3) Council subsequently agreed to injury award |
707 |
L96:34 |
Inland Revenue Rules |
Irrelevant |
LGSS 265, LGSS 301 |
|
Interchange Rules (see transfer values) |
Overseas employment |
LGSS 41 |
|
Interchange Rules (see transfer values) |
NHS service |
LGSS179 |
|
Interchange Rules (see transfer values) |
Transfer of benefits |
LGSS 149 |
|
Interest |
When payable for refunding contributions |
LGSS 242 |
|
Interest |
Following termination of a short term contract |
LGSS 313 |
|
Interest |
Payable when benefit became payable before 1 April 1989 |
LGSS 314 |
|
Interest |
Not payable on delayed widower’s benefits |
LGSS 330 |
|
Interest |
Free loan: notional interest gain superannuable |
LGSS 329 |
|
Interest |
Free season ticket (superannuable) |
LGSS 341 |
|
Interest |
Refund of contributions |
LGP 87 |
|
Interest |
Benefits under paid, subsequently corrected 1)Retired 1987, underpayment made 1997 2)Appeal dismissed – interest calculated correctly |
367 |
L95:H1 |
Interest |
Date that interest should be calculated to 1) Member claimed interest due to date cheque cleared 2) Due date to date of payment – H1(1) 3) Appeal dismissed–no definition of date of payment Interest |
405 |
L95:H1 |
Interest |
Appointed Person awarded interest to be compound 1) Interest awarded by Pension Ombudsman 2) Regs do not specifically set out how calculated 3) Appeal dismissed |
834 |
L95:H1 |
Interest Payable |
Payable on Gratuity 1) Gratuity payable under 1986 regs 2) 1986 Regs no power to pay interest |
207 |
L86:Part K |
Interest Payable |
C.8 contributions paid by single man subsequently refunded 1) Appeal dismissed (no provision in 1986 regs) |
254 |
L86:C8 |
Interest Payable |
Request for Secretary of State to decide amount of interest 1) Reg H1 prescribes circumstances of interest payable 2) For council to decide in first instance |
299 |
L95:H1 |
Interfund Adjustments |
Part-time service |
LGSS 22 |
|
Interfund Adjustments |
Retrospective increase in remuneration |
LGSS 66 |
|
Interfund Adjustments |
Bonuses |
LGSS 127 |
|
International Transfers (1974) J14 (H3) |
Power under J2 |
LGSS 327 |
|
International Transfers (1974) J14 (H3) |
No discretionary power to enhance pensionable remuneration |
LGSS 232 |