LOCAL GOVERNMENT PENSION SCHEME APPEAL

 

THE LOCAL GOVERNMENT PENSION SCHEME REGULATIONS 1997 (the 1997 regulations)

 

I refer to your letter of 19 February 2000 in which you appeal (under regulation 102 of the 1997 regulations) to the Secretary of State for the Environment, Transport and the Regions following the decision of Mr XXX, the Appointed Person for XXX Fund, in relation to your local government pension scheme (LGPS) benefits.

 

You explain that your wife contributed to the LGPS from 1977 to 1989.  From the information attached to your letter XXX County Council calculated your widower’s benefits only on service post 5 April 1988 and the award of added years benefits.  You do not dispute that your benefits have been correctly calculated, rather you consider the widower is being discriminated against as the widow is paid her full entitlement.  You also consider it is morally wrong to disregard you wife’s total contributions and that it is totally unfair.

 

The Appointed Person upheld the decision of the council that your widower’s benefits have been correctly calculated.  In his letter of 15 December 1999 he set out the regulations which applies to widowers.  The Secretary of State agrees with his explanation. You also raised the question of the fairness of the regulation with him.  He found that this is not a matter upon which he could rule.

 

The Secretary of State’s power on appeal is to ensure that a beneficiary of the LGPS is awarded the correct entitlement under the appropriate regulations.  He has no power on appeal to consider whether the local government pension scheme regulations are unfair, morally wrong or discriminatory.

 

The Secretary of State finds on the evidence available to him that your widower’s benefits have been correctly calculated.  His decision confirms that made by the Appointed Person.  He is acting judicially and has no power to modify the way the regulatory provisions apply to the facts of the case.  Having made his decision he has no power to alter it and his officials cannot discuss the case further.  The decision is binding and can only be overturned by a judgement of the High Court or the Pensions Ombudsman.

 

This completes the second stage of the internal dispute resolution procedure.  I am required by regulation 102 of the 1997 regulations to inform you that the Pensions Advisory Service (OPAS) is available to assist members and beneficiaries in connection with difficulties which they have failed to resolve.  Their address is 11 Belgrave Road, London, SW1V 1RB (telephone number 0171 233 8080).  Although I note you have already been in contact with them.

 

The Pensions Ombudsman may investigate and determine any allegation of maladministration or any dispute of fact or law in relation to the LGPS made or referred in accordance with the Pension Schemes Act 1993.  His address is 11 Belgrave Road, London, SW1V 1RB (telephone 0171 834 9144).