371    INDEX

	Our Ref: LGR85/18/48   Date:   10       July 1998

 

Dear Madam

 

LOCAL GOVERNMENT PENSION APPEAL

 

SUPERANNUATION ACT 1972

LOCAL GOVERNMENT SUPERANNUATION SCHEME  REGULATIONS 1974 (the 1974 regulations)

LOCAL GOVERNMENT PENSION SCHEME REGULATIONS 1995 (the 1995 regulations)

LOCAL GOVERNMENT PENSION SCHEME REGULATIONS 1997 (the 1997 regulations)

 

1.       I refer to your letter of 14 April 1998 in which you appeal (under regulation 102 of the 1997 regulations) to the Secretary of State for the Environment, Transport and the Regions against the decision of XXX, the Appointed Person for XXX (the fund).  The Appointed Person upheld the fund’s decision to reduce your pension since you retired before the age of 65 and had less than 25 years membership of the local government pension scheme (LGPS).

 

2.       The Secretary of State considers that the question for determination is whether your retirement benefits have been reduced.

 

3.       The Secretary of State has considered all the representations and evidence.  The documents considered are those provided with your letter of 14 April 1998.

 

4.       Secretary of State’s determination: The Secretary of State having taken into account the appropriate regulations, finds that the council had no discretion to pay an unreduced level of retirement benefits.  His reasons and the regulations which he considers apply in your case are set out in the attached annex to this letter, which forms an integeral part of the determination.  The Secretary of State’s decision confirms that of 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 but you may wish to refer it to the Pensions Ombudsman or 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