Local Government Pension Scheme Appeal Determination By The Secretary of State

Our Ref: LGR85/18/75

September 1998

LOCAL GOVERNMENT PENSION APPEAL

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 30 June 1998 in which you appeal, on behalf of Mrs XXX, against the decision of Mr XXX, the Appointed Person for XXX Council (the council). The Appointed Person determined that disputes concerning administration are not within the jurisdiction of the Internal Disputes Resolution Procedure, and accordingly should not be investigated by the Appointed Person.

2. You ask the Secretary of State to reconsider issues of alleged maladministration in relation to:-

a. whether Mrs XXX was formally notified of changes to regulation; and

b. that Mrs XXX received both verbal and written confirmation of her entitlement to a whole-time pension payment that reflected her complete local government service.

3. The Secretary of State has considered all the representations and evidence submitted. Copies of those documents considered by the Appointed Person, which you did not copy to us, were sent to you under cover of the Departments letter of 16 July 1998.

4. Secretary of States determination: The Secretary of State having taken into account the appropriate regulations finds that for the purposes of the 1995 regulations, which were in force at the time Mrs XXX retired, or the 1997 regulations, there are no provisions which give him powers of redress where maladministration is alleged. The Secretary of States powers of redress are limited to instances where the appropriate regulations have been incorrectly applied. He notes that the Appointed Person concluded that Mrs XXX's disagreement with the council was not about whether local government benefits have been correctly calculated, but related to alleged maladministration about whether she was informed of changes to regulation and because she received verbal and written confirmation of an entitlement to a whole-time pension which she did not in fact have. He further notes that you have not disputed his view of the disagreement. The Secretary of State accordingly has taken the view that the crux of the disagreement is the allegation of maladministration. He has therefore not considered any question whether the regulations have been properly applied in deciding Mrs XXX's status as either whole-time or part-time and how her entitlement to benefit should be calculated. He considers that as he has no means of redress on questions of alleged maladministration these are not matters he can reasonably consider in the context of a pensions appeal. He determines accordingly.

5. 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.

6. This completes the second stage of the Internal Disputes Resolution Procedure. 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).

7. The Pensions Ombudsman may also investigate and determine any complaint or dispute of fact or law in relation to the local government pension scheme made or referred in accordance with the Pension Schemes Act 1993. His address is 11 Belgrave Road, London, SW1V 1RB (telephone number 0171 834 9144).

8. Mrs XXX wrote to the Department on 1 July 1998 seeking information concerning her pension. Under the Internal Dispute Resolution Procedure if she is unable to resolve a disagreement about her pension with the council she should in the first instance ask the Appointed Person to consider the matter. The Secretary of State is unable to offer advice on the local government pension scheme and where there is a disagreement can only reconsider the matter if the Appointed Person has been asked to consider the matter in the first instance.