LOCAL GOVERNMENT PENSION SCHEME

Secretary of State Appeal Determinations

 

INDEX B :

A to CD to H I J to QR to Z

   

Key to regulations used in this Index:

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