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
INDEX B
APPEAL DETERMINATIONS
SUBJECT |
MAIN POINTS |
REF No. |
Content & Regulation |
Re-admission to the LGSS |
Medical required – incomplete disclosure |
LGSS 336 |
|
Reckonable Service |
When it starts |
LGSS 252 |
|
Reckonable Service |
After refund |
LGSS 165 |
|
Reckonable Service |
Apprenticeship is not |
LGSS 227 |
|
Reckonable Service |
Compulsory national service |
LGSS 253 |
|
Reckonable Service |
Compensatory added years – not reckonable |
LGSS 258 |
|
Reckonable Service |
Definition |
LGSS 162 |
|
Reckonable Service |
Employment as model |
LGSS 207 |
|
Reckonable Service |
Maternity leave |
LGSS 167 |
|
Reckonable Service |
NHS Service |
LGSS 179 |
|
Reckonable Service |
National Service |
LGSS 213, LGSS 253 |
|
Reckonable Service |
Provisional application of or increases under (1974) D12 and D13 |
LGSS 39 |
|
Reckonable Service |
Re-employment, compensatory added years |
LGSS 258 |
|
Reckonable Service |
Secondary employment |
LGSS 31 |
|
Reckonable Service |
Separate employments, sequential and concurrent |
LGSS 271 |
|
Reckonable Service |
Under 1937 Act |
LGSS 213 |
|
Reckonable Service |
Joining during strike – industrial action |
LGSS 252, LGP 44 |
|
Reckonable Service |
40 years at 60 rule |
LGSS 272 |
|
Reckonable Service |
Articleship |
LGP 65 |
|
Reckonable Service |
Concurrent service |
LGP 154 |
|
Reckonable Service |
Part-time service |
LGP 42 |
|
Reckonable Service |
Recognition of previous service |
LGP 57 |
|
Reckonable Service |
Service before age 18 |
LGP 26 |
|
Reckonable Service |
When it commences |
LGP 41 |
|
Reckonable Service |
Whole-time |
LGP 58, LGP 177 |
|
Reckonable Service |
Pt time service 1983 to 1987 should count as Whole Time 1) Member work 30 hrs p w. (reduced to 77% W/T) 2) Contributions paid on non-contractual overtime 3) Appeal allowed.(service 83-87 to count as W/T) 4) Contributions on overtime to be refunded |
251 |
1974 A |
Reckonable Service |
Manual worker 12 mths waiting period 1) Joined scheme February 1978 (S/be Oct 1977) 2) Not given option under D14A to pay conts 3) Appeal allowed – providing conts paid 1995/C9 |
381 |
1974 D14 |
Reckoning of Service |
LGSS 157 |
||
Reckoning of Service |
Erroneous belief |
LGSS 188 |
|
Reckoning of Service |
Non-contributory – effect of transfer payment |
LGSS 247, LGP 54 |
|
Reckoning of War Service |
LGSS 138 |
||
Reckoning of WAPC Service Recovery of sums stolen |
Superannuation fund |
LGSS 210 |
|
Reduction in Remuneration |
Effect of Pension Increase Act 1971 |
LGSS 204 |
|
Reduction in Remuneration |
Former section 6(5) cases |
LGSS 48 |
|
Reduction in Remuneration |
Not necessarily a material change |
LGSS 98 |
|
Reduction in Remuneration |
Non-receipt of increase |
LGSS 212 |
|
Reduction in Hours |
Pensionability |
LGSS 172 |
|
Redundancy |
PRC effect on unemployment benefit |
DHSS 2 |
|
Redundancy |
No refund for service following redundancy |
LGSS 33 |
|
Redundancy |
Payment for loss of earnings potential |
LGSS 214 |
|
Redundancy |
And short-term contracts |
LGSS 322 |
|
Redundancy |
Was termination on these grounds |
LGP 60 |
|
Redundancy Enhancement |
Pension on re-employment |
LGSS 112 |
|
Redundancy Retirement |
Member claimed employment ceased on redundancy 1) Members post deleted, offered redeployment 2) Opted for severance payment instead 3) Appeal dismissed |
837 |
L97:26 |
Re-employment |
Abatement of pensions – E15 |
LGSS 38, LGSS 79 |
|
Re-employment |
Effect of Pensions Increase Act 1974 on Chief Officer |
LGSS 7 |
|
Re-employment |
Further award to Chief Officer |
LGSS 4, LGSS 32 |
|
Re-employment |
No effect from P I Act 1974 |
LGSS 79 |
|
Re-employment |
No refund following pension |
LGSS 33 |
|
Re-employment |
Transfer to NHS |
LGSS 84 |
|
Re-employment |
(See Abatement of Pension) |
LGP |
|
Refund of Contributions |
£5000 rule |
LGSS 126, LGSS 158, LGSS 166 |
|
Refund of Contributions |
Compound interest when payable (see also LGSS 242) |
LGSS 310 |
|
Refund of Contributions |
Covered by (1974) L14 (E32) |
LGSS 3 |
|
Refund of Contributions |
Effect on claim for war service |
LGSS 243 |
|
Refund of Contributions |
Employee going overseas |
LGSS 61 |
|
Refund of Contributions |
Entitlement to deferred pension |
LGSS 27 |
|
Refund of Contributions |
Forfeiture |
LGSS 83 |
|
Refund of Contributions |
Misconduct |
LGSS 218 |
|
Refund of Contributions |
None following re-employment after receiving pension |
LGSS 33 |
|
Refund of Contributions |
No repayment after disqualifying break |
LGSS 49, LGP 45 |
|
Refund of Contributions |
Pre 1978 service |
LGSS 285 |
|
Refund of Contributions |
PCSPS transfer value not refundable |
LGSS 309, LGP 86 |
|
Refund of Contributions |
Removal of 12 month limit |
LGSS 117 |
|
Refund of Contributions |
Salary limit |
LGSS 28, LGSS 61 |
|
Refund of Contributions |
With injury allowances |
LGSS 37 |
|
Refund of Contributions |
When interest payable (see LGSS 310) |
LGSS 242 |
|
Refund of Contributions |
Statement by personnel that refund payable |
LGSS 250 |
|
Refund of Contributions |
Entitlement of refund |
LGP 82, LGP 83, LGP 85, LGP 129 |
|
Refund of Contributions |
Interest, payment of |
LGP 87, LGP 167, LGP 168 |
|
Refund of Contributions |
No break in service |
LGP 32, LGP 129 |
|
Refund of Contributions |
Purchase previous service |
LGP 51, LGP 53 |
|
Refund of Contributions |
Qualifying service |
LGP 56 |
|
Refund of Contributions |
Recognition of previous service |
LGP 57 |
|
Refund of Contributions |
Repayment – gross or net |
LGP 84 |
|
Refund of Contributions |
In respect of 2nd employment of less than 2 years 1) Member requested refund as service less than 2yrs 2) 1st employment 17yrs 190 dys Deferred Benefit 3) Appeal Dismissed |
261 |
L95:C21 |
Refund of Contributions |
Period of membership 4 years 139days 1) Member required refund for private pension 2) Appeal dismissed – possible transfer option |
L95:C21 |
|
Refund of Contributions |
Member claimed refund should not have been paid 1) Member opted for refund of pre 1978 conts in 1980 2) Claimed earned more than £5,000. in tax year 3) Appeal dismissed – proof required re earnings |
640 |
L74:C8 |
Refund of Contributions |
Member claimed council was wrong to pay refund 1) Refund claimed in respect of service to 1978 2) Member now claimed earnings in excess of £5,000 3) Appeal dismissed – no proof provided |
800 |
L74:C8 |
Refund of AVC |
Member claimed refund of additional voluntary conts 1) AVC’s paid from June 1994 2) Retired on redundancy grounds August 1995 3) Appeal dismissed |
802 |
L95:SchC4 |
Refund Tax Deduction |
20% tax deduction deducted from refund 1) Member’s pay not taxed 2) Tax chargeable under sec 598 (the 1988 Act) 3) Appeal dismissed |
286 |
L95:C21 |
Refusal to direct a return of contributions |
Forfeiture – evidence of misconduct |
LGSS 185 |
|
Reimbursements of costs |
Chief Officers |
LGSS 5 |
|
Reimbursements of costs |
Combined benefits |
LGSS 9 |
|
Remarriage |
To former wife following retirement – widow’s pension |
LGSS 57 |
|
Remuneration |
Actual or notional (averaged) |
LGSS 191 |
|
Remuneration |
Alternative payments in lieu of car |
LGSS 326, LGSS 335, LGP 67, LGP 69, LGP 128 |
|
Remuneration |
Calculating the private use value of a leased car |
LGSS 322, LGP 119 |
|
Remuneration |
Car allowance – essential user |
LGSS 279 |
|
Remuneration |
Appeal against car being superannuable |
LGSS 315 |
|
Remuneration |
Definition |
LGSS 146 |
|
Remuneration |
Definition of contractual overtime |
LGSS 30 |
|
Remuneration |
Delayed payment in final year caused by industrial dispute |
LGSS 292 |
|
Remuneration |
Former section 6(5) cases |
LGSS 48 |
|
Remuneration |
Holidays, payment for loss of, in final year of service |
LGSS 240 |
|
Remuneration |
Honorarium |
LGSS 150, LGSS 202, LGP 76, LGP 174 |
|
Remuneration |
Increased temporarily |
LGSS 216 |
|
Remuneration |
Interest free season tick (superannuable) |
LGSS 341 |
|
Remuneration |
Luncheon vouchers (superannuable) |
LGSS 341 |
|
Remuneration |
Non contractual overtime |
LGSS 190 |
|
Remuneration |
Overtime payments |
LGSS 137, LGP 78 |
|
Remuneration |
Extra travelling expenses (superannuable) |
LGSS 333 |
|
Remuneration |
Pay for earlier work (not superannuable) |
LGSS 306 |
|
Remuneration |
Pay in lieu of leave excluded |
LGSS 29 |
|
Remuneration |
Payment for loss of potential earnings, excluded |
LGSS 214 |
|
Remuneration |
Professional organisation subscription |
LGSS 279, LGP 73 |
|
Remuneration |
Regular overtime |
LGSS 182 |
|
Remuneration |
Re organisation payments included |
LGSS 6 |
|
Remuneration |
Retrospective increases and effect on transfer value |
LGSS 66 |
|
Remuneration |
Returning officer’s fees |
LGSS 92, LGSS 199 |
|
Remuneration |
Subsidised purchase of car, loan |
LGSS 328 |
|
Remuneration |
Telephone allowance |
LGSS 279, LGP 65, LGP 73 |
|
Remuneration |
Travel benefit (motor) allowance scheme (superannuable) |
LGSS 331 |
|
Remuneration |
Travel allowance (superannuable) |
LGSS 341 |
|
Remuneration |
Use of employer’s car |
LGSS 194 |
|
Remuneration |
Uniform provided, value of |
LGSS 193 |
|
Remuneration |
Value of accommodation: expert evidence |
LGSS 182 |
|
Remuneration |
VAT to be included in car leasing cost |
LGSS 324 |
|
Remuneration |
What may or may not be included in valuing a car |
LGSS 325 |
|
Remuneration |
Administering authority’s decision |
LGP 123 |
|
Remuneration |
Annual leave |
LGP 169 |
|
Remuneration |
Appendix ‘E’ |
LGP 71 |
|
Remuneration |
Bonus payment |
LGP 124, LGP 169 |
|
Remuneration |
Call-out scheme |
LGP 79 |
|
Remuneration |
Contribution arrears – deductions |
LGP 172 |
|
Remuneration |
Evening shift payment |
LGP 122 |
|
Remuneration |
Flat rate payment for extra duties |
LGP 75 |
|
Remuneration |
Highest pensionable remuneration |
LGP 91, LGP 171 |
|
Remuneration |
Life insurance scheme |
LGP 65 |
|
Remuneration |
Notional remuneration |
LGP 121 |
|
Remuneration |
Pay award (inclusion) |
LGP 46 |
|
Remuneration |
Payments made in error |
LGP 74 |
|
Remuneration |
Payments not included |
LGP 203 |
|
Remuneration |
Performance related pay |
LGP 170 |
|
Remuneration |
Private medical insurance |
LGP 65, LGP 173 |
|
Remuneration |
Relevant period |
LGP 118, LGP 127 |
|
Remuneration |
Retrospective increases |
LGP 72 |
|
Remuneration |
Shift allowance |
LGP 172 |
|
Remuneration |
Standby duty allowance |
LGP 72, LGP 78 |
|
Remuneration |
Whole-time equivalent |
LGP 39 |
|
Remuneration) |
Payments under car benefit scheme 1) Choice of Lease car or monthly cash 2) Payments not related to usage 3) Appeal allowed (payments pensionable) |
218 |
L86:Sch |
Remuneration |
Annual rate of former employment re abatement 1) Benefits calculated on penultimate year 2) Final year used for level of abatement 3) Appeal allowed – penultimate year is relevant period |
298 |
L86:E15 |
Remuneration |
Call-out payments 1) Employer deemed call-out payment non pensionable 2) No requirement to undertake call-outs 3) Appeal dismissed |
298 |
L86:Sch1 |
Remuneration |
Overtime payments 1) Duties carried out over 10 year period 2) No written contract 3) Appeal allowed – |
303 |
L95:C2 |
Remuneration |
Honorarium to count in pensionable remuneration 1) Honorarium to reflect increased responsibilities 2) Honorarium to cover six month period 3) Appeal dismissed – period covered not date paid |
332 |
L95:D1 |
Remuneration |
Additional payment – honorarium or pay in lieu of notice 1) Honorarium paid in relevant period 2) Changed to pay in lieu after audit investigation 3) Benefits reduced 4) Appeal dismissed – (payment in lieu upheld) |
387 |
L86:Sch1 |
Remuneration |
Lease cars 1) No appeal made before 31 March 1993 2) No power to consider appeal as out of time |
409 |
L86:N9 |
Remuneration |
Status of private medical insurance 1) Insurance provided by Council 2) Appeal allowed – value of insurance pensionable |
436 |
L95:C2 |
Remuneration |
Value of lease car should be pensionable 1) Lease car from May 1993 2) Appeal dismissed – |
446 |
L86:Sch1 |
Remuneration |
Status of overtime payments 1) Payments in respect of servicing evening meetings 2) Member one of a support team of 3 employees 3) Appeal allowed |
465 |
L86:Sch1 |
Remuneration |
Status of lease car value 1) Pensionable cash payment replaced by leased car 2) No saving in 1995 Regs 3) Appeal dismissed |
482 |
L95:C2 |
Remuneration |
Overtime payments worked as Meat Inspector 1) Contract shows O/T feature of job 2) Revised duties in final two years before retirement 3) Appeal allowed-O/T pensionable best of last 3 yrs |
485 |
L86:A2 |
Remuneration |
Status of overtime payments 1) Inspection duties carried out at weekends/evenings 2) Contributions deducted from payments 3) Contract did not refer to overtime payments 4) Appeal allowed – inspections part of employment |
521 |
L95:C2 |
Remuneration |
Status of lump sum annual car allowance 1) Payment not essential user allowance 2) Appeal dismissed |
726 to 732 |
L74:A3 |
Remuneration |
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 |
751 753 762 |
L97:13 |
Remuneration |
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 |
820 |
L97:13 |
Remuneration |
Status of overtime payments 1) Required to attend meetings outside normal hours 2) No reference to working overtime in contract 3) Appeal allowed – contractual obligation to work |
577 578 |
L95:D1 |
Remuneration |
Status of payments for use of private car 1) Member received flat rate sum to cover use of car 2) Claimed as not related to mileage s/be pensionable 3) Appeal dismissed |
629 |
L86:C2 |
Remuneration |
Status of annual lump sum car allowance 1) Addition lump sum to reflect additional mileage 2) In lieu of claiming other travel expenses 3) Appeal dismissed |
669 |
L86:E2 |
Remuneration |
Status of Long Service Awards 1) Long service awards originally counted as pay 2) Decision reversed, benefits recalculated 3) Appeal dismissed – LSA’s not pensionable |
849 |
L97:13 |
Re-organisation |
Cessation of payments not a material change |
LGSS 62 |
|
Re-organisation |
Loss of additional duties |
LGSS 53 |
|
Repayment of advances of remuneration on death in service |
LGSS 125 |
||
Repayment of Refund |
Right to repay refund 1) Refund paid in 1978 2) Member claimed not informed of option to repay 3) Appeal dismissed – case not proven |
397 |
1937-53 Acts |
Repayment of Refund |
Entitlement to repay refund of contributions 1) Refund paid 1978 re-entered L.G in 1979 2) Re-entered again in 1998 applied to repay refund 3) Application refused – declined earlier opportunity 4) Appeal allowed–regs 17 not restricted to 1st re-entry |
686 |
TP:17 |
Repayment of Refund |
Employer refused extend time limits for repayment 1) Refund paid 1977, re-employed 1977 & 1982 2) Applied to repay in 1998, refused by council 3) Unclear if informed of option to repay in 1981/82 4) Appeal dismissed-council had acted reasonably |
842 |
TP:1 |
Representation |
Pensioner representation on investment panel 1) No requirement in 1972 Act or LGPS 2) Appeal dismissed |
444 |
L97:102 |
“Required” Resignation |
As a test in injury allowance |
LGSS 299 |
|
“Required” Resignation |
End of short term contract, not a “resignation” |
LGSS 312 |
|
Retained Firemen |
Pensionable status of |
LGSS 197, LGSS 246, LGP 28 |
|
Retirement Benefits |
Apportionment of added years |
LGP 155 |
|
Retirement Benefits |
Automatic reduction |
LGP 180 |
|
Retirement Benefits |
Calculation of part-time service |
LGP 109, LGP 201 |
|
Retirement Benefits |
Calculation – 2 pensions |
LGP 202 |
|
Retirement Benefits |
Complaint, less benefit for single men |
LGP 204 |
|
Retirement Benefits |
Complaint, service not enhanced |
LGP 112 |
|
Retirement Benefits |
On transfer – TUPE |
LGP 115 |
|
Retirement Benefits |
Pension less than anticipated |
LGP 108 |
|
Retirement Benefits |
Less than estimate 1) Remuneration less due to reduced bonus payments 2) Council not required to give estimate 3) Benefits paid on lower revised remuneration |
224 |
L95:D1 |
Retirement Benefits |
Payment date for early payment of deferred benefits 1) Early payment on ill-health grounds 2) Date of incident or date of certificate 3) Appeal allowed from date of incident |
232 |
L95:E.2 |
Retirement Benefits |
Date of Retirement 1) Estimate of benefits payable at 31 Dec 2) Terminated at 26 Nov at end of sick pay 3) Appeal dismissed |
257 |
L95:D6 |
Retirement on Health Grounds |
Expert evidence |
LGSS 180 |
|
Retirement on Pension |
New employment: pension reduced, effect on Pension Increase Act 1971 |
LGSS 204 |
|
Retiring Allowance |
(see Lump Sum Deductions) |
LGP |
|
Retrospective effect of Reg K |
No power to repay sums previously refunded |
LGSS 219 |
|
Return of Contributions |
Effect |
LGSS 250 |
|
Returning Officer |
Separate variable time emoluments |
LGSS 119 |
|
Returning Officer |
Separate variable-time employment 1) Council considered employment one job 2) Whole-time employee 3) Appeal allowed – separate benefits payable |
274 |
L95:B5 |
Scheme Membership |
Entitlement to deferred benefit 1) Member paid contributions for 2yrs 8 mths 2) Employer not covered by admission agreement 3) Appeal dismissed |
546 |
L97:4 |
School Lettings |
Non-contractual overtime |
LGSS 237 |
|
School Staff |
Definition of whole time |
LGSS 152 |
|
School Staff |
Proposed regulations |
LGSS 104 |
|
School Staff |
Reversion to part time service |
LGSS 76 |
|
Secondary employment |
Treatment of service |
LGSS 31 |
|
Separate benefits |
Automatic transfer of preserved benefits 1) Rejoined LGPS with preserved benefits 2) Did not elect to keep benefits separate 3) Separate benefits subsequently paid 4) Appeal allowed – single benefits |
737 |
L95:D12 |
Separate Employments |
Member had four separate contracts 1)One contract terminated, less than 2 yrs service 2)Only refund offered 3)Member requested transfer to one of remaining posts 4)Appeal dismissed |
373 |
L95:B3 |
Separate Employments |
Status of duties of Returning Officer 1) Benefit paid as part of main post from 1990 2) Recalc as separate benefits from 98 3) Appeal dismissed – no power re maladministration |
673 |
L86:B5 |
Service |
Computation on ill health retirement of part-timers |
LGSS 60 |
|
Service |
Disregard of excess added years |
LGSS 173, LGSS 176 |
|
Severn Trent v Cross |
(The Times 12 June 1986) |
LGSS 271 |
|
Short Term Contracts |
Interest payable on refunds |
LGSS 312 |
|
Sick Leave |
Remuneration can include re organisation payments |
LGSS 8 |
|
Sick Pay |
Exhaustion prior to retirement |
LGSS 36, LGSS 101 |
|
Sickness Benefits |
Effects on compensation payments under 1963 regs |
LGSS 10 |
|
Social Security |
Preservation of gratuities under 1973 Act |
LGSS 47, LGSS 89 |
|
Spouse’s Pension |
Capital payment on leaving |
LGSS 40 |
|
Spouse’s Pension |
Entitlement – post retirement marriage |
LGSS 181 |
|
Standard Remuneration |
LGSS 131 |
||
State Retirement Pension |
To be included in calculating injury allowance |
LGSS 266 |
|
Statutory Notice |
Incorrect: not binding |
LGSS 188 |
|
Stock v Frank Jones |
Construction of regulations |
LGSS 245 |
|
Strain Costs |
Member claimed refused severance payment 1) Money now used to pay “strain” costs 2) Discretionary payments not part of LGPS 3) Appeal dismissed |
653 |
L97:78(3) |
Strike |
Joining during |
LGSS 252 |
|
Substantially |
Meaning of (more than 50%) |
LGSS 255 |
|
Suspension of Pension |
Has an authority the power |
LGP 143 |
|
Tax |
See Income Tax |
||
Teacher temporarily residing in British Isles |
LGSS 82 |
||
Temporary Employment |
Continuous |
LGSS 305 |
|
Term-time employee |
Effect of appeal determination |
LGSS 269 |
|
Term-time employee |
Meaning of “week” |
LGSS 311 |
|
Termination of Employment |
Council appeal against Appointed Person decision 1) Employee had been retired on ill-health grounds 2) A.P. awarded ill-health retirement 3) No power to consider,termination not pension issue |
550 |
L97:102 |
Time Limit |
Upgrading non contributing service |
LGSS 75, LGP 96, LGP 97, LGP 98, LGP 101, LGP 103, LGP 116 |
|
Trade Dispute |
Token withdrawal of labour |
LGSS 268 |
|
Transfer between Local Authorities |
Liability for EPB |
LGSS 17, LGSS 71 |
|
Transfer Credit |
Transfer not completed within guaranteed period 1) Member opted for transfer based on quotation 2) Transfer not completed on time – revised credit less 3) Appeal dismissed – no time limits within regs |
628 |
L95:K13 |
Transfer of Benefits |
Member requested transfer to personal pension 1) Employment terminated Sept 1982 2) Reg 10 not relevant for pre Jan 1986 leavers 3) Appeal Dismissed |
304 |
L86:J2 |
Transfer of Pension Rights |
Application outside time limits 1) Elected not to transfer in 1982 2) Applied for Transfer in 1995 3) Council did not allow longer period 4) Appeal dismissed (no power to override discretion) |
249 |
L95:K13 |
Transfer of Pension Rights |
Time limits for ‘club transfers’ 1) Initially opted not to transfer in “PCSPS” service 2) Employer allowed late application (after 5 yrs) 3) Service credit based on non “club” basis 4) Appeal dismissed – 12 month limit still applies |
391 |
L95:K16 |
Transfer of Pension Rights |
Two part time employments - one in LGSS one in TSS 1) Employment in TSS by secondment 2) Applied for transfer (TSS) at end of secondment 3) Fund refused to allow Transfer in of TSS service 4) Appeal dismissed – not eligible |
400 |
L95:K13 |
Transfer of Pension Rights |
Discretion to extend time limits 1) Member opted not to transfer–subsequently applied 2) Council refused to use discretion-outside limits 3) Appeal part allowed - must use discretion 4) No power to rule on use of discretion |
407 |
L95:K13 |
Transfer Payment |
Transfer payment received after 12 mths 1) Transfer credit reduced by 3years 2) Delay due to scheme’s failure 3) Transfer must be treated as received within 12 mths |
698 |
L97:124 |
Transfer Value |
And service with Gas Board |
LGSS 228 |
|
Transfer Value |
Consequent effect on employer’s contributions in added years cases |
LGSS 14 |
|
Transfer Value |
Delay of more than a year, effects |
LGSS 275 |
|
Transfer Value |
To EEC |
LGSS 267 |
|
Transfer Value |
Effects of manual workers |
LGSS 97 |
|
Transfer Value |
From Local Government to the Universities Pension Scheme |
LGSS 45 |
|
Transfer Value |
Further service after retirement |
LGSS 301 |
|
Transfer Value |
Power under J2 |
LGSS 327 |
|
Transfer Value |
No time limit on making |
LGSS 307 |
|
Transfer Value |
Payment after 1 January 1974 |
LGSS 307 |
|
Transfer Value |
Payment after 1 January 1974 where service terminated before 1 January 1974 |
LGSS 40 |
|
Transfer Value |
Pay policy |
LGSS 103 |
|
Transfer Value |
Percentage addition to lump sum |
LGSS 43 |
|
Transfer Value |
Principal Civil Service Pension Scheme, not contributory, TV not refundable |
LGSS 309, LGP 86 |
|
Transfer Value |
Reckoning of service, effects on |
LGSS 230 |
|
Transfer Value |
Refund of previous scheme contributions, GMP retained and sufficient to constitute a preserved benefit |
LGSS 289, LGP 166 |
|
Transfer Value |
Retrospective increase in remuneration |
LGSS 66 |
|
Transfer Value |
Treatment of ensuing credited service for lump sum deduction purposes |
LGSS 11 |
|
Transfer Value |
Acceptance of late request |
LGP 103 |
|
Transfer Value |
Entitlement to repay contributions |
LGP 162 |
|
Transfer Value |
Following payment of benefits |
LGP 163 |
|
Transfer Value |
NHS – late application |
LGP 93 |
|
Transfer Value |
Not given opportunity to elect |
LGP 95 |
|
Transfer Value |
Obligation to pay transfer value |
LGP 102 |
|
Transfer Value |
On reaching pensionable age |
LGP 164 |
|
Transfer Value |
Overseas employment |
LGP 92 |
|
Transfer Value |
Personal pension scheme |
LGP 94 |
|
Transfer Value |
Time limit for election |
LGP 96, LGP97, LGP 98, LGP 101, LGP165 |
|
Transfer Value |
Transfer without consent |
LGP 100 |
|
Transfer Value |
War service |
LGP 99 |
|
Transfer Values |
Member requested transfer of TSS benefits 1) Did not opt for transfer within time limits 2) After 8 yrs request transfer- allowed 3) Transfer now calculated on non club basis 4) Appeal dismissed – club transfer not available |
378 |
L88:J8 |
Transferred Employee |
Under (1974) J1 |
LGSS 224 |
|
Transfer to NHS |
Abatement of pension |
LGSS 94 |
|
Transfer to NHS |
Payment of deferred benefits |
LGSS 94 |
|
Travel Allowance |
Superannuable |
LGSS 341 |
|
Undisclosed Service |
LGSS 132 |
||
Unemployment Benefit |
Effect on premature retirement compensation |
DHSS 1-3 |
|
Uniform |
Money value of: remuneration |
LGSS 193 |
|
Universities Pension Scheme |
Transfer from Local Government |
LGSS 45 |
|
Unpaid Leave of Absence |
Requirement to pay for first 30 days 1) Injustice of having to pay 2) Outside scope |
270 |
|
Upgraded Service |
Effect of resolution |
LGSS 299 |
|
Upgraded Service |
Effect on 45 years’ contribution limit |
LGSS 73 |
|
Upgraded Service |
Indirect service |
LGSS 78 |
|
Upgraded Service |
Time limit |
LGSS 75 |
|
Upgraded Service |
Treatment for lump sum deduction purposes |
LGSS 12 |
|
Upgraded Service |
Practice of previous employing council (1974) (J14) |
LGSS 221 |
|
Value of Accommodation |
Sited within a school, deduction of 10% |
LGSS 280 |
|
Value of Accommodation |
General reduction of 35% as “tied” premises (NJC 302) |
LGSS 280 |
|
Value of Accommodation |
Addition of water and general rate etc |
LGSS 280 |
|
Value of Accommodation |
Value of car: when leased |
LGSS 276 |
|
Value of Accommodation |
Variable time employment |
LGSS 199 |
|
Value of Accommodation |
Victualling and accommodation allowance |
LGSS 278 |
|
Value of Accommodation |
Reduction, as an emolument |
LGSS 238 |
|
Value of Accommodation |
Must be assessed on market value, not a percentage of salary |
LGSS 321 |
|
Variable Time Employment |
Re-employment, part-time employees abatement to be calculated on annual basis |
LGSS 316 |
|
Variable Time Employment |
Definition |
LGP 59, LGP 132 |
|
Variable Time Employment |
Additional duties 1) Duties in respect of shadow authority 2) Duties undertaken in own time 3) Appeal dismissed (separate benefits) |
329 |
L95:B3 |
VAT |
Admitted body administration charges |
LGSS 56 |
|
Voluntary employees contributions |
Income tax relief |
LGSS 21 |
|
Voluntary Transfer |
Retention of special rights |
LGSS 175 |
|
War Service |
Effect of claiming refund |
LGSS 243 |
|
War Service |
Ship repair work |
LGSS 147 |
|
War Service |
Service with Electricity Board |
LGSS 233 |
|
War Service |
Service with a Local Act Body |
LGSS 281 |
|
War Service |
Application to count service |
LGSS 99 |
|
War Service |
Service with Foreign Office |
LGSS 52 |
|
War-time Duties |
Reckoning of Service |
LGSS 44 |
|
“Week” |
Meaning of, for term-time employment |
LGSS 311 |
|
Whole Time Employment |
Definition |
LGSS 180, LGSS 140, LGP 58 |
|
Whole Time Employment |
Shift work |
LGS 109 |
|
Whole Time Employment |
And part-time |
LGSS 206 |
|
Whole Time Employment |
And part-time, mutually exclusive |
LGSS 222 |
|
Whole Time Employment |
Back-dated to 1937 Act Employment |
LGSS 287 |
|
Whole Time Employment |
Pensionable remuneration |
LGP 39 |
|
Whole Time Employment |
Minimum hrs and weeks to count for whole time 1) 1st employment 31hrs/45wks 2) 2nd employment 37hrs/43wks 3) Opted for combine benefits under 95regs 4) Appeal allowed (both periods to count W/T) |
209 |
L95:D12 |
Widow |
Definition |
LGSS 135 |
|
Widow |
Combined benefit effects |
LGSS 226 |
|
Widow |
Entitlement |
LGSS 143 |
|
Widow’s Pension |
Accrued, payable in bachelor’s transfer value payment |
LGSS 263 |
|
Widow’s Pension |
Change of sex operation, preliminary divorce |
LGSS 334 |
|
Widow’s Pension |
Entitlement – intervening divorce |
LGSS 192 |
|
Widow’s Pension |
Former medical referee |
LGSS 196 |
|
Widow’s Pension |
Remarriage to former wife after retirement |
LGSS 57, LGP 61, LGP 181 |
|
Widow’s Pension |
(1974) E.12 election |
LGSS 177 |
|
Widow’s Pension |
Delay does not attract interest |
LGSS 330 |
|
Widow’s Pension |
Post leaving marriage 1) Married before benefits became payable 2) Appeal dismissed |
240 |
L95:F6 |
Widow’s Pension |
Ceasing on re-marriage 1) Re-married in 1981 2) Appeal dismissed – No powers re discrimination |
349 |
1974 E5 |
Widow’s Pension |
Ceasing on re-marriage 1) Re-married in 1995 2) Appeal dismissed |
352 |
L86:E5 |
Widow’s Pension |
Widow’ pension suspended on re-marriage (1983) 1) Widow claimed 1998 changes should apply 2) Appeal dismissed |
440 |
L95:F7 |
Widow’s Pension |
Widow claimed re-instatement of suspended pension 1) Pension suspended on re-marriage in 1993 2) Claim that 1997 regs require re-instatement 3) Appeal dismissed |
466 |
L95:F7 |
Widow’s Pension |
Widow claimed re-instatement of suspended pension 1) Pension suspended on re-marriage pre 1997 2) Claim that 1997 regs require re-instatement 3) Appeal dismissed |
503 |
L95:F7 |
Widow’s Pension |
Widow claimed short and long term pension 1) Husband retired August 1975, married 1986 2) Pension payable on service post April 1978 3) Appeal dismissed |
797 |
L95:F6 |
Widow’s Pension |
Widows request for pension to be reinstated, refused 1) Widow remarried in 1993 pension stopped 2) Appeal dismissed – no power to reinstate |
566 |
L95:F7 |
Widow’s Pension |
Member claimed LGPS unfair and discriminating 1) Member retired in 1979 on ill-health grounds 2) Divorced 1998 remarried 1999 3) Appeal dismissed – no power re discrimination |
794 |
L95:F6 |
Widower’s Pension |
Pension only calculated on service post 5 April 1988 1) Wife contributed to LGPS from 1977 to 1989 2) Husband claimed discrimination 3) Appeal dismissed |
690 |
L97:42 |
Widower’s Pension |
Overpaid pension due to remarriage not notified 1) Claimed not informed that pension would cease 2) Asked for overpayment to be waived 3) Appeal dismissed – not entitled to pension |
585 |
L86:E5 |
Winding up GPS |
See Graduated Pension Scheme |
LGSS |
|
Women Retiring between Ages 60 and 65 |
LGSS 106 |