213    INDEX                                                       Our Ref: LGR85/18/5

Date 15  October 1997

SUPERANNUATION ACT 1972

LOCAL GOVERNMENT PENSION SCHEME REGULATIONS 1995

 

1. I refer to your letter of 1 September 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 person appointed by the XXX Metropolitan District Council (the council).  The appointed person upheld XXX Superannuation Fund's decision not to allow you to purchase additional membership by lump sum payment.

 

2. The question for determination by the Secretary of State is whether you can purchase additional membership in the local government pension scheme (LGPS) by lump sum payment.

 

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 provision, in your case, for you to purchase additional membership by lump sum payment.  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).

 

8. A copy of this letter has been sent to the appointed person.