Appeal Time Limit

Unhappy with amount of annuity

1) Will take 25 years to recoup the investment

2) Delay in appeal due to ill health and hospitalisation

3) Due diligence dictates that a representative could have acted

4) Out of time and no power to determine reasonabless of investment returns - Appeal dismissed

18-ZD

L97:102

102

Appeal (stage 2)

Appeal to Appointed Person out of time

1)       Secretary of State has power to reconsider

2)     If within six mths of Appoint Persons determination

3)     Appeal dismissed � no power to extend six mths

322

L97:102

102

Appeal Time Limits

Appeal within reasonable time

1)     What is reasonable will depend on circumstances

2)     Appeal dismissed

368

L97:102

102

Appeal Time Limits

Stage two time limits

1)     Appeal not within 6 mths of appointed person�s

2)     Appeal dismissed

370

L97:102

102

Estimate of Benefits

Estimate used for divorce settlement

1)     Subsequent benefits paid at lower rate

2)     Divorce settlement taken by court

3)     Appeal dismissed

382

L97:102

102

Maladministration

Inaccurate estimates

1)       Excepted early retirement based on information

2)       Appeal dismissed � outside scope

386

L97:102

102

Appeal Time Limits

Stage 2 within six months of Appointed Persons

1)       Appeal letter dated 6 mths 1day after determination

2)       Appeal dismissed � no power to extend period

392

L97:102

102

Appeal Time Limits

Stage 1 within six months of notification of benefits

1)       Appeal in respect of P.I.paid over 18 year period

2)       Appointed Person deemed out of time

3)       Appeal dismissed � no case to reopen matter

393

L97:102

102

Compensation

Appointed Person had awarded compensation

1)       Appeal against the amount of compensation offered

2)       Appeal dismissed _ outside scope

414

L97:102

102

Maladministration

Employee claimed not informed of scheme changes

1)       Effected by change in W/T , P/T definition

2)       Appeal dismissed � Outside scope

418

L97:102

102

Maladministration

Advice re lump sums from AVC scheme

1)       No power no rule on cases of maladministration

439

L97:102

102

Terminated Employment

Member claimed illegal termination of employment

1)       Appeal dismissed � employment issue outside scope

445

L97:102

102

Maladministration

Failure to implement Appointed Person�s decision

1)       Member successfully appeal to Appointed Person

2)       No appeal from employer within six months

3)       Outside scope

491

L97:102

102

Maladministration

Lack of information re % reduction in benefits

1)       Outside scope

497

L97:102

102

Appeal Time Limits

Stage two time limits

1)       Delay of 15 months from stage one decision

2)       Appeal dismissed � six month limit

500

L97:102

102

Compensation

Claim re alleged maladministration

1)       No powers to award compensation

534

L97:102

102

Information

Member claimed did not understand information

1)       Information on right to join LGPS in 1986

2)       Member did not join as did not understand

3)       Appeal dismissed

559

561

L97:102

102

Appeal Time Limits

Sec. of State notified by fax of intention to appeal

1)       Fax received 2 days before 6 month deadline

2)       Letter enclosing documents received 15 days later

3)       Outside time limits � no reason for delay

583

L97:102

102

Compensatory Added Yrs

Effects of re-employment on discretionary Added Years

1)       Discretionary Added Yrs outside scope, not LGPS

591

L97:102

102

Maladministration

Member informed refund available

1)       Refused refund as over 2 years membership

2)       No power to award compensation

592

L97:102

102

Maladministration

Bad advice to members re buy back of part time service

1)       Potential financial loss and injustice

2)       No power to award compensation or redress

603

L97:102

102

Appeal Time Limits

Appeal outside time limits

1)       Appointed Person�s decision 30 Nov 1998

2)       Appeal received  11 August 1999

3)       Appeal invalid outside six months time limit

604

L97:102

102

Appeal Time Limits

Stage two time limits

1)       Delay of 9 months from stage one decision

2)       Appeal dismissed

614

L97:102

102

Maladministration

Wrong period of service credited

1)       Transfer credit incorrectly shown on record

2)       Actual benefits less than on benefit statement

3)       Appeal dismissed�no power to award compensation

622

L97:102

102

Maladministration

Member claimed that transfer not handled effectively

1)       Member requested overseas transfer

2)       Required PSO approval as exceeded 1/80 maximum

3)       Maladministration no power to order redress

637

L97:102

102

Maladministration

Bad advice re purchase of additional service

1)       Information provided on Added Years & AVC�s

2)       Member choose AVC�s

3)       Council not required to give advice

638

L97:102

102

Maladministration

The had provided incorrect benefit statement

1)       Actual benefits paid less than shown on statements

2)       Appeal dismissed � no requirement to issue benefit

646

L97:102

102

Appeal Time Limits

Appeal lodged on 21 October 1999

1)       Appointed Persons decision dated 19 April 1999

2)       Appeal dismissed � outside 6 mths time limit

650

L97:102

102

Maladministration

Change to part time working reduced Death Gratuity

1)       Changed to part time on return after sickness

2)       Claimed not advised on impact on gratuity

3)       Appeal dismissed

667

L97:102

102

Maladministration

Benefits reduced and overpayment recovered

1)       Benefits overpaid due to error by council

2)       Claimed had retired on basis of estimate

3)       No power to award compensation

679

L97:102

102

Maladministration

Calculation of benefits

1)       Benefits reduced due to bankruptcy order

2)       No power to order redress or award compensation

687

L97:102

102

Appeal Time Limits

Appeal made five years after decision

1)       Appeal should be pursed with reasonable diligence

2)       Appeal dismissed

692

L97:102

102

Appeal Time Limits

Member did not appeal within six months of decision

1)       Member claimed delay due to family bereavement

2)       Appeal dismissed

696

L97:102

102

Inland Revenue Limits

Claim for compensation re exceeding I.R. limits (AVC�s)

1)       Transferred FSAVC into in house AVC

2)       Retired with augmentation � (over-funded)

3)       No power to award compensation

701

L97:102

102

Estimate of Benefits

Actual benefits less than estimate

1)       Claim for compensation

2)       No power to award compensation

705

L97:102

102

GMP

Member claimed GMP should be paid in addition

1)       Complaint not related directly to scheme

760

L97:102

102

Estimate of Benefits

Actual benefits less than estimates

1)       Member opted for early retirement

2)       Estimate of benefits subsequently provided

3)       Estimates not required by regs

4)       If estimates given must clearly show calculations

764

L97:102

102

Appeals

Member claimed under 1997 regs re discretion

1)       Dispute related to 1992

2)       N8 of 1986 regs did not allow appeal on discretions

3)       Appeal dismissed � cannot come under 97 regs

771

L97:102

102

Compensatory Added Yrs

Member claimed policy had not been properly introduced

1)       Consultation not matter for LGPS

2)       Appeal dismissed

777

L97:102

102

Appeal Time Limits

Must be pursued with reasonable diligence

1)       Benefits paid 1985-dispute re pensionable pay

2)       Referred to Appointed Person in 1999

3)       Appeal dismissed � no reason for delay in pursuing

787

L97:102

102

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

790

795

803

807

814

815

816

823

824

L97:102

102

Augmentation

Member claimed Discretionary Regs should be used

1)       Previous cases enhanced by up to 10 years

2)       Decision to retire based on estimate with 6y 243dys

3)       Appeal dismissed � no power to consider

791

L97:102

102

Compensation

Member claimed compensation re inaccurate information

1)       Benefits reduced due to salary including expenses

2)       Appeal dismissed

805

L97:102

102

Maladministration

Statutory notification wrongly indicated T.V. membership

1)       Appeal upheld in part

2)       Clear evidence of maladministration

3)       No power to award compensation

808

L97:102

102

Compensation

Member claimed compensation for financial loss

1)       Contributions paid retrospectively, loss of tax relief

2)       Appointed Person awarded goodwill payment of �200

3)       Appeal dismissed no power in LGPS to award �200

809

L97:102

102

Appeal Time Limits

Employee claimed option to join LGPS in 1990 ignored

1)       No appeal until Nov 1999

2)       No explanation for delay in pursing dispute

3)       Appeal dismissed�pursue with reasonable diligence

813

L97:102

102

Compensatory Added Yrs

Added Years benefits abated due to re-employment

1)       Member claimed fund acted improperly

2)       Added Years not part of LGPS

3)       Appeal dismissed � no maladministration by fund

826

L97:102

102

Compensation

Member claimed compensation for loss of pension

1)       TPS member paying AVC�s transferred to LGPS

2)       AVC�s continued to be paid to teachers AVC

3)       Appeal dismissed � LGPS not required to give advice on other schemes

829

L97:102

102

Maladministration

Member incorrectly notified of benefits payable

1)       Member opted for reduced benefits

2)       Appointed Person found maladministration

3)       Appeal dismissed �

831

L97:102

102

Maladministration

Transferred in credit less than advised

1)       Member excepted transfer credit of 26yrs 222dys

2)       Fund excepted lower T.V., member not informed

3)       Appeal allowed�however no power to order redress

833

L97:102

102

Estimate of Benefits

Member sent estimate including pension to lump sum

1)       Estimate proved to be incorrect lower lump sum

2)       Member retired on ill-health

3)       Appeal dismissed � did not opt to retire on estimate

836

L97:102

102

Appeal Time Limits

Secretary of State rejected appeal

1)       Employment terminated October 1995

2)       Ill-health refused, appealed to A.P. in April 2000

3)       A. P. considered case, confirmed employers view

4)       Appeal dismissed � not pursued diligently

846

L97:102

102