SUBJECT

MAIN POINTS

REF No.

Content & Regulation

Job Creation Scheme

LGSS 110

Joint Appointment

Resignation and reduced benefits

LGSS 225

Judicial Separation

No support under a Court Order

LGSS 297

Justice, Natural

No power to consider

LGSS 188

L11 Certificates

Purpose of issuing

LGSS 212

L11 Certificates

Single, continuing employment

LGSS 212

Late appeal

LGSS 285

Leap Year

29 February to be included, actual pay

LGSS 264

Leap Year

Not to be reckoned as 366 days

LGSS 340

Leased Car

Superannuable

LGSS 315

Leased Car

Application to count value as pensionable

1) No appeal made by 31 March 1993

2) Appeal dismissed

346

L86:N9

Leave, Pay in lieu of

Excluded from remuneration

LGSS 29

Leave of absence

Extension of period

LGSS 116

Leave of absence without pay straddling 1 April 1974

LGSS 42

Legal Costs

Request for payment of appellant’s legal costs

1) Secretary of State has no such powers

299

Length of Service

Whole time/part-time employees

LGSS 206

Life Certificates

Right of Fund to suspend pension for non-completion

1) No requirement in regs to issue life certificates

2) No power to suspend payment in regs

3) Overriding requirement to satisfy payment due

325

L95

Local Act Body

Defined

LGSS 281

Local Act Rights

Loss on transfer

LGSS 154

Literal Construction of Regulations

Stock’s case

LGSS 245

Lump Sum

Late payment

LGSS 99

Lump Sum

Percentage addition and late transfer values

LGSS 43

Lump Sum

Purchase: effect of negligent advice

LGSS 208

Lump Sum

Reduction for pre-1972 service

LGSS 156

Lump Sum

Severance: effect of

LGSS 209

Lump Sum

Reduction for pre April 1972 membership

1) Member was a widower

2) Had not elected to pay conts under C13

3) Appeal dismissed

374

L95:D2

Lump Sum

Reduction in respect of uncompleted 2/80ths contract

1) Contract not completed, lump sum reduction

2) Member did not opt to capitalise outstanding conts

3) Appeal dismissed

422

L95:C19

Lump Sum Car User Allowance

Non-superannuable

LGSS 300

Lump Sum Deductions

Divorced women and (1974) reg E12

LGSS 54

Lump Sum Deductions

Effect of added years

LGSS 55

Lump Sum Deductions

Treatment of credited service following (Lump Sum Deduction) transfer value

LGSS 11

Lump Sum Deductions

Treatment of upgraded service

LGSS 12

Lump Sum Deductions

Divorce

LGP 196, LGP 107

Lump Sum Deductions

Late application

LGP 116

Lump Sum Deductions

No advice to avoid deduction

LGP 110, LGP 113

Lump Sum Deductions

Second application

LGP 135

Luncheon Vouchers

Pensionable

LGSS 341

Maladministration

Incorrect estimate of benefits

1) No power to deal with alleged maladministration

314

L97:102

Maladministration

Employee not informed of % reduction to benefits

1) Retired at age 60 following receipt of estimate

2) Reduction factors shown in enclosed leaflet

3) Outside scope – no right of appeal

337

L95:J5

Maladministration

Misleading information regarding TPS transfer

1) No jurisdiction to consider

488

L97:102

Maladministration

Benefits less than estimate

1) No requirement to provide estimates

2) Maladministration outside scope

499

L97:102

Maladministration

Member claimed employer had not acted properly

1) Re processing initial and revised benefits

2) Outside scope

509

L97:102

Maladministration

Member incorrectly notified re pensionable service

1) No power to award compensation

697

L97:102

MSC funded post

Employment by council

LGSS 286

“Mainly”

Meaning of

LGSS 231

Manual Workers

Effect of interchange

LGSS 97

Manual Workers

Evidence of exercise

LGSS 151

Marriage

Polygamous

LGSS 249

Marriage

Post Retirement

LGSS 284, LGP 61

Material change

Cessation of reorganisation payments

LGSS 62

Material change

Cessation of temporary increase

LGSS 216

Material change

Definition

LGSS 25, LGSS 216

Material change

Downgrading and deferred benefits

LGSS 34

Material change

Not from reduction in pay alone

LGSS 98

Material change

Not receiving an increase

LGSS 203, LGSS 212

Material change

Appeals by administering authorities

LGSS 128

Material Reduction

Entitlement to Certificate of Material Reduction

1) Reduction in hours worked per week

2) E22(4).reduction in pensionable remuneration

3) Appeal Dismissed (W/T remuneration unchanged)

259

L86:E24

Maternity Leave

Contributions

LGSS 67

Maternity Leave

Reckonable service

LGSS 167

Maximum Service

45 years

LGSS 240

Medical Certificates

Effect of

LGSS 273, LGSS 274

Medical Evidence

Cause of delay, appeal out of time

LGSS 248

Medical Examination

Lack of, effects

LGSS 274

Medical Referee

Of Cremation Authority: status of

LGSS 170, LGSS 196

Membership

Change of status of employer

LGP 152

Membership

Request to backdate membership

1) Reinstated after dismissal

2) No previous election to join scheme

3) Appeal dismissed

308

L86:B1

Membership

Employee claims scheme membership 1970 – 1975

1) Council refused to allow service

2) No conclusive records available

3) Appeal dismissed – burden of proof with appellant

403

L95:J5

Membership

Request to pay contribution in respect of pre 1986 service

1) Refund paid after hrs reduced to less than 30 p.w.

2) Member not properly informed of rights in 1990

3) Appeal allowed – entitled under C7A 1986

484

L86:C7

Membership

Eligibility of part time teacher to join scheme

1) School appealed against A.P’s decision to join

2) Back date entry to date commenced

3) Appeal dismissed – entitled to membership LGPS

4) However cannot join because of personal pension

498

L95:B1

Membership

Refused entry on medical grounds

1) Commenced employment 1965 failed medical

2) Joined scheme in 1990 backdated to March 1980

3) Further backdated to July 1973

4) Appeal dismissed – no requirement to further b/d

782

L73

Misconduct

Effects of

LGSS 218

Modification

Case C

LGSS 50

Modification

Non-contributory service

LGSS 51

NHS Service

Whether reckonable

LGSS 179

NHS Service

Effect of refund of contributions to NHS

National Coal Board, Dew v

LGSS 282

National Service

As Reckonable Service

LGSS 213

National Service

National Service Rules

LGSS 213

National Service

Counting as Reckonable service

1) National service June 1956 to June 1958

2) No contributions paid during period

3) Appeal dismissed

265

Natural Justice

No power to consider

LGSS 188

Negligence

Error in benefit letter re spouses pension

1) Appeal dismissed – no power to consider

350

L97:102

Non-Contributing Service

And receipt of transfer value

LGSS 230

Non-Contributing Service

Conversion

LGSS 159

Non-Contributing Service

Modification

LGSS 51

Non-Contributing Service

Time limit on upgrading

LGSS 75

Non-Contributing Service

Conversion has no effect on form of benefits

LGSS 120

Non-Contributing Service

Reckoning of

LGSS 230

Non-Contributing Service

Upgrading practice prior to reorganisation

LGSS 121

Non-Contributing Service

National Service

LGSS 253

Officer

Model as

LGSS 207

Option

(1974) E2(4) (e) irrevocable

LGSS 260

Overpaid Benefits

Member claimed that she should not have to repay

1) Overpaid benefits due to mistake in calculation

2) Appeal allowed – no power in reqs to require repayment

3) However, fund should seek to recover

548

L95:

Overpaid Benefits

Power to require any overpayment to be repaid

1) Benefits overpaid due to incorrect pensionable pay

2) No specific requirement in regs

3) Appeal dismissed – due to maintain pension fund

647

L97:102

Overpayment of Pension

Member disputing requirement to repay

1) Member claimed negligence on employers part

2) Appeal dismissed – outside scope

289

L95:J8/J9

Overseas Employment

General position

LGSS 115

Overseas Employment

Non-refund of contributions

LGSS 117

Overseas Employment

Entitlement to benefits

LGP 179

Overseas Interchange Rules 1969

Payment of deferred benefits

LGSS 95

Overtime, contractual

Definitions

LGSS 30

Overtime

Extra travelling expenses (superannuable)

LGSS 333

Overtime

Extra salary for more time spent in travelling (not superannuable)

LGSS 333

(1974) Park K Cases

Contribution refund and tax liabilities

LGSS 130

(1974) Park K Cases

Return to Local Government service

LGSS 129

Part-time Employment

Concurrent with whole-time employment

LGSS 271

Part-time Service

Added years

LGSS 313

Part-time Service

Ill health

LGSS 60, LGSS 74

Part-time Service

Interfund adjustments

LGSS 22

Part-time Service

And preserved benefits

LGSS 320

Part-time Service

Proposed regulations

LGSS 104

Part-time Service

Reckonability

LGSS 24

Part-time Service

Reversion to

LGSS 26, LGSS 76

Part-time Service

Reversion to and added years

LGSS 313

Part-time Service

Effect of whole time employment

LGSS 206

Part-time Service

And whole time mutually exclusive

LGSS 222

Part-time Service

Effect on transfer values

LGSS 103

Part-time Service

Effect on term time employees

LGSS 269

Part-time Service

Reckoned in full for enhancement under Schedule 9

LGSS 295

Part-time Service

Buy back previous service

LGP 134, LGP139, LGP 140, LGP141, LGP 142

Part-Time buy back

Council deemed outside time limits

1) Employee contented did not receive statement

2) Appeal allowed

3) Duty of employer to see that notice properly served

389

L86:C7

Part-Time Service

Part-time/ term-time employment (27.5 pw/43 wks)

1) W/T 30 hrs or more per week

2) Appeal dismissed – service proportionately reduced

360

L86:E25

Payment of Benefits

Late payment – interest payable

1) Interest paid on lump sum (over one month)

2) No interest paid on pension (under one year)

3) Appeal Dismissed

268

L95:H1

Payment of Pension

Pensioner claimed pension paid late

1) Overseas pensioner, required payment by cheque

2) Rejected payment by electronic means

3) Overseas cheques posted earlier

4) Appeal dismissed

789

L97:102

Pay in lieu of Leave

Excluded from remuneration

LGSS 29

Pay Policy

Effect on superannuation

LGSS 58

“Pension Bulletin”

Recovery of sums from

LGSS 210

Pension Fund

Recovery of sums from

LGSS 210

Pension

Jointly to polygamous widows

LGSS 249

Pension Increases

Effect of 1974 Act on further award of Chief Officer

LGSS 7

Pension Increases

Effect of abatement following re-employment

LGSS 38

Pension Increases

1974 Act and re-employment

LGSS 79

Pension Increases

Deferred lump sum paid before age 55

LGSS 80

Pension Increases

Housing Association Staff

LGSS 81

Pension Increases

Loss of, through sickness in compensation cases under 1963 regs

LGSS 10

Pension Increases

No power to determine rights

Pension Increases

Ill Health

LGP 47

Pension Increases

Treatment of pension increases pre age 55

1) Appointed person ruled fund to pay lump sum

2) Amount to be increases not paid

3) Based on information in scheme booklet

4) Appeal dismissed–scheme booklet cannot over rule

435

Pension Increases

Widow’s pension incorrect

1) Widow claimed increase in widow’s pension

2) Pension increase correctly paid

3) Appeal dismissed

457

L97:102

Pensionable Pay

Status of pay in lieu of holidays

1) Member received £1,982.57 in final years pay

2) Appeal dismissed – excluded under 13(2)

617

L97:20

Pension Years

Under Pensions (Increase) Act 1971

LGSS 219

Pension Years

Calculation of

LGSS 271

Pensionable Employee

Term-time only

LGSS 234

Pensionable Remuneration

See “remuneration”

LGSS & LGP

Pensionable Remuneration

Additional payments

1) Payment for duties not part of normal work

2) Appeal dismissed

238

L95:D1

Pensionable Remuneration

Relevant year and application of Pension Increase

1) Benefits calculated on final year

2) Member requested earlier year, lower value

3) Appeal Dismissed

267

L86:E22

Pensionable Remuneration

Payment in lieu of holidays

1) Holidays not taken due to sickness

2) Council policy to make payment in lieu

3) Appeal part allowed

269

L86:E22

Pensionable Remuneration

Dispute over remuneration used to calculate benefits

1) Records not available to confirm pay details

2) Revised figure based on records available

3) Appeal allowed

324

L86

Pensionable Remuneration

Status of honorarium and professional subscriptions

1) Honorarium not in respect of specific duties

2) Professional subs not require by employer

3) Appeal dismissed

362

1974 D1

Pensionable Remuneration

Pensionable status of ‘sleeping in allowance’

1)Contract stated salary plus sleeping in allowance

2)No contributions deducted from allowance

3)Appeal allowed– subject to payment of contributions

375

L95:C2

Pensionable Remuneration

Performance related pay – relevant period

1) Feb 96 paid for period April 94 to March 95

2) Ceased employment 31 October 1996

3) Appeal dismissed (not earned in relevant period)

258

L95:C2/D1

Pensionable Remuneration

Essential user lump sum payment paid during sickness

1) Council deemed essential user non pensionable

2) Appointed Person allowed payments during sickness

3) Appeal dismissed – agreed with appointed person

399

L86:Sch1

Pensionable Remuneration

Performance related pay – relevant period

1) Two payments made in final year (relevant period)

2) Payments related to previous financial year

3) Appeal dismissed

476

L95:D1

Pensionable Remuneration

Pensionable remuneration ruled ultra vires by D.A.

1) Pension reduced (see appeal case )

2) Member claimed only employer can decide

3) Appeal part allowed-revised bonus & leased car

510

511

L86:E22

Pensionable Remuneration

Non payment of various allowances

1) Dispute over payment of various allowances

2) Only payments actually made can be pensionable

3) Appeal dismissed – (employment conditions)

542

L95:D1

Pensionble Remuneration

Honorarium ceased during period of sickness

1) Honorarium in respect of additional duties

2) Reduced remuneration during period of sickness

3) Appeal dismissed – reduction not due to sickness

348

L95:D1

Pensionable Status

Manual worker or officer: conditions of service not conclusive

LGSS 181

Percentage Additional to Lump Sum

Effect of added years

LGSS 55

Percentage Additional to Lump Sum

Late transfer value

LGSS 43

Polygamy

Widows of polygamous marriages

LGSS 249

Poor Advice

Member considered that he received poor advice

1) No provision in regs re advice

2) No power to consider

300

L95:J8/J9

Practices of Previous Employing Council (1974) (J14)

Continued by (1974) D9

LGSS 221

Pre-entry War Service

Sanitary inspector – further course

LGSS 245

Premature Retirement

Interest of efficiency

LGSS 23

Premature Retirement

Effect on unemployment benefit

DHSS 1 3

Preserved Benefits

See deferred benefits

LGSS & LGP

Private Medical Insurance

Superannuable as an allowance in kind

LGSS 319

Private Medical Insurance

For both husband and wife

LGSS 338

Private Medical Insurance

Pensionable

LGP 65

Protection of Rights

Former section 6(5) cases

LGSS 48

Protection of Rights

On reversion to part-time status

LGSS 26

Provisional Application

Increases in reckonable service

LGSS 39

Provision of Information

Re right of appeal re leased cars

1) Appeal dismissed–no powers relating to information

355

L97:102

Purchase of Additional Lump Sum Qualifying Service

Effect of advice – inaccurate

LGSS 208

Purchase of Additional Lump Sum Qualifying Service

Part-time service

LGSS 24

Purchase of Additional Lump Sum Qualifying Service

Secondary employment

LGSS 31

Purchase of Additional Lump Sum Qualifying Service

Qualifying service

LGSS 138

Purchase of Additional Membership

Member commenced additional payments

1) Council terminated contract after 5 months

2) Not eligible as temp employee & failed medical

3) Appeal dismissed –

401

L95:C9

Purchased Service

Claimed that purchased service should be post 1974

1) Service pre 1974 reduced by 2/80 as married

2) D10 contract started 1982

3) Appeal dismissed – E3(5) requires 2/80 reduction

660

L74:D10

Qualifying Service

Refused permission to pay under part-time buy back

1) Joined scheme after 12 mths waiting period

2) Appeal dismissed – not qualifying under D12

595

L86:D12