Our Ref: LGR85/18/1                     210    INDEX

Date: 3 October 1997

 

THE LOCAL GOVERNMENT PENSION SCHEME REGULATIONS 1995 (the 1995 regulations)

THE LOCAL GOVERNMENT SUPERANNUATION REGULATIONS 1986 (the 1986 regulations)

 

1. I refer to your letter of 17 July in which you appeal (under regulation J8 of the 1995 regulations) to the Secretary of State for the Department of the Environment, Transport and the Regions against the decision of Mr XXX, the appointed person for XXX (the council). The appointed person upheld the council's decision that you were not entitled to pension payments following the death of your wife, XXX.  His reasons for his decision are set out in his letter to you of 4 July 1997

 

2. The question for determination by the Secretary of State is whether you are entitled to widower's benefits under the Local Government Pension Scheme (LGPS).

 

3. The Secretary of State has considered all the representations and evidence.  Copies of all the documents supplied by the appointed person have been sent to you and are listed in the annex to this letter.

 

4. Secretary of State's Determination The Secretary of State, having taken into account the appropriate regulations, finds that under the LGPS there is no entitlement, in your case, to widower's benefits under the LGPS.  His decision confirms in full the decision made by the appointed person.  His reasons and the regulations which he considers apply in your case are set out in the annex to this letter, which forms an integral part of the determination.

 

5. The Secretary of State was required to determine the same question, as to your rights under the regulations, as fell to be decided in the first place by the council and then by the appointed person.  He is acting judicially and has no power to modify the application of the regulations to the facts of the case.  Having made his determination he has no power to alter it unless instructed to in a judgement by the High Court.  Because of this officials may not discuss the case further.

 

6. The Occupational Pensions Advisory Service (OPAS) is available to assist members and beneficiaries in connection with difficulties which they have failed to resolve.  His address is 11 Belgrave Road, London, SW1V 1RB (telephone number 0171 233 8080).

 

7. The Pensions Ombudsman may investigate and determine any complaint or dispute of fact or law in relation to the LGPS.  His address is 11 Belgrave Road, London SW1V 1RB (telephone number 0171 834 9144).