The applicant was a retired local government worker. His pension was determined by his final salary. He worked many hours overtime. Was that overtime to be included when calculating his pension? The regulations included all payments, but not non-contractual overtime.
Held: The regulations were not clear. The contract provided overtime rates, so the ombudsman had found the payments to have been made under the contract. The employers contended that non-contractual overtime meant only overtime which was not obligatory. The Ombudsman erred in construing the regulations, and so the case was remitted, but he was correct in construing the contract.
The Honourable Mr Justice Jacob
Times 15-Jul-2002, Gazette 18-Jul-2002, [2002] EWHC 1013 (Ch), [2003] IRLR 72, [2002] 3 All ER 287, [2002] ICR 1118, [2002] OPLR 259, [2003] Pens LR 73
Bailii
Pensions Schemes Act 1993 151(4), Local Government Pension Scheme Regulations 1995
England and Wales
Cited by:
Appeal from – London Borough of Newham v Skingle CA 20-Feb-2003
Local Government pensions . .
Lists of cited by and citing cases may be incomplete.
Financial Services, Local Government, Employment
Updated: 11 December 2021; Ref: scu.171273