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Local Government Pension Scheme (PO-20991)

Complainant: Mr H
Complaint Topic: Ill Health
Ref: PO-20991
Outcome: Not upheld
Respondent: South Tyneside Council (the Council)
Type: Pension complaint or dispute
Date:

Ombudsman’s Determination

Complaint Summary

Mr H complains that the Council incorrectly decided to award him Tier 2 ill health early retirement (IHER) benefits in the LGPS because he believes that he is entitled to Tier 1 benefits.

Summary of the Ombudsman’s Determination and reasons

The complaint should not be upheld against the Council because I do not consider that the Council has interpreted or applied the eligibility criteria for Tiers 1 and 2 benefits set out in Regulation 35(5) and 35(6) incorrectly or in a discriminatory manner.

View determination

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