263    INDEX

 

Our Ref: LGR85/18/19

January 1998

 

SUPERANNUATION ACT 1972

LOCAL GOVERNMENT PENSION SCHEME REGULATIONS 1995 (“the 1995 regulations”)

 

1. I refer to your letter of 10 December 1997 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 Fund).  The Appointed Person upheld the Fund’s decision regarding the amount of widower’s pension paid to you.

 

2. It is noted in your letter that you say you understand the rules of the fund (in this case the Local Government Pension Scheme Regulations 1995 and preceding regulations), although you cannot remember being asked to make contributions to cover widowers benefits.  It would appear from you letter that your are raising questions about equality between widows and widowers in the local government pension scheme.

 

3. Questions concerning equality issues relating to the local government pension scheme are not matters which can be considered by the Secretary of State under regulation J8 of the 1995 regulations on appeal and a separate letter will be sent to you about this point.

 

4.  The Secretary of State considers he can consider, on appeal, the question concerning whether or not you were asked to make contributions to cover widowers’ benefits.

 

5.  The Secretary of State has considered all the representations and evidence.  The documents considered are listed in the annex to this letter.

 

6. Secretary of State’s Determination: The Secretary of State, having taken into account the appropriate regulations, finds that under the 1995 regulations there is no provision for the husband of a member of the local government pension scheme (the scheme) to make contributions to the scheme to provide for widowers’ benefits for the wife membership before 5 April 1988.

 

 

EVIDENCE RECEIVED

 

1. The following evidence has been received and taken into account:

 

a. from Mr XXX: letter dated 10 December 1997 with enclosures: and

 

b. from the Appointed Person: letter dated 17 December 1997 enclosing:-

 

i. letter dated 28 November 1997 from the Appointed Person to Mr XXX;

 

ii. letter dated 24 October 1997 from Mr XXX to Mr XXX;

 

iii. letter dated 15 September 1997 from the Pensions Group Manager to Mr XXX;

 

iv. letter dated 8 September 1997 from Mr XXX to the XXX Fund;

 

v. letter date June 1997 from Pensions Group Manager to Mr XXX;

 

vi. form dated 23 May 1997 and;

 

vii. letter dated 2 June 1997 from Pension Group Manager to Mr XXX and statement;

 

REGULATIONS CONSIDERED AND REASONS FOR DECISION          

 

 

2. From the evidence submitted the following relevant points have been noted:

 

a. your late wife worked for XXX City Council until 9 March 1992 when she retired due to ill-health;

 

b. she had been a member of the LGPS for 29 years 151 days;

 

c. her membership was enhanced by 5 years and 312 days which give a total of 35 years 98 days;

 

d. your widower’s pension was calculated 9 years 285 days not 35 years 98 days.

 

3. The Secretary of State in reaching his decision has had regard to the regulations, which in his view, apply.  The provision for widowers’ pension in the LGPS was first introduce in 1988, prior to that date a widower’s pension was not payable. Widowers’ pensions under the LGPS are calculated on membership after 5 April 1988.  A member of the LGPS could elect to buy earlier service so that it counts. The Secretary of State notes that you do not dispute that your late wife did not so elect.  There are no provisions in the LGPS for the husband of a member to make the election.