LOCAL GOVERNMENT PENSION APPEAL

LOCAL GOVERNMENT SUPERANNUATION REGULATIONS 1986 (the 1986 regulations)

LOCAL GOVERNMENT PENSION SCHEME REGULATIONS 1995 (the 1995 regulations)

1. I refer to your letter of 12 March 1998 in which you appeal (under regulation J8 of the 1995 regulations) to the Secretary of State for the Environment, Transport and the Regions against the decision of Mr XXX, the Appointed Person for XXX County Council.

2. You asked the Secretary of State to consider whether the offer made by XXX Council has been made according to the law. The Secretary of State's power under regulations J8 and J9 of the 1995 regulations is limited to reconsider the original complaint to the Appointed Person. The Secretary of State therefore takes the view that the questions for determination are whether you were eligible to join the local government pension scheme (the LGPS) before the 2 May 1995 and whether contributions to the LGPS should have been paid by the council for the period you contend you were on sick leave, that is from 9 January to 16 September 1997 when you informed the council you would be unable to return to work until you had an operation.

3. The Secretary of State has considered all the representations and evidence. Copies of all the documents considered by the Appointed Person but not seen by you were sent to you under cover of the Department's letter of 21 April 1998.

4. Secretary of State's decision: The Secretary of State having taken into account the appropriate regulations, finds that

a. for the purposes of the 1986 regulations there were no provisions for a casual employee to join the LGPS until the 1995 regulations came into force on 2 May 1995 (it is noted that you joined with effect from 27 July 1995); and

b. for the purposes of the 1995 regulations there was no provision for the council to pay pension scheme contributions during the period you contend that you were on sick leave - that is the period 9 January to 16 September 1997.

His decision confirms that of the Appointed Person. In making his decision the Secretary of State 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 but you may refer the matter to the Pensions Ombudsman or to the High Court. Because of this officials may not discuss the case further.

5.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).

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

7. A copy of this letter has been sent to the Appointed Person.