LOCAL GOVERNMENT PENSION APPEAL

 

SUPPERANNUATION ACT 1972

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 6 November 1998 in which you appeal (under regulation 102 of the 1997 regulations) to the Secretary of State for the Environment, Transport and the Regions.

2.                You appeal against XXX Council’s (the council) decision not to award you early payment of your retirement pension on compassionate grounds.  You initially appealed to XXX Council Appeals Panel against this decision.

3.                The Secretary of State’s powers under regulations 102 and 103 of the 1997 regulations are to reconsider the original disagreement referred to an Appointed Person’s (in this case the Appeals Panel) under regulation 100.  This regulation refers to a matter relating to the local government pension scheme (LGPS), which effectively means whether the LGPS regulations have been correctly applied in the circumstances.  Like the Appeals Panel, the Secretary of State will not under the 1997 regulations overturn a decision where the council have exercised a discretion.  His role is, rather, to ensure that the discretion has not been exercised unreasonably or improperly and, in cases where it has, to decide that the matter should be reconsidered in a proper manner.

4.                Under the 1995 regulations, the power to bring a pension into payment early on compassionate grounds is set out in regulation D11(2)(c).  The power is one which the council may exercise at their discretion.  The question is therefore whether the council have acted improperly or unreasonably in exercising of their discretion.

5.                The Secretary of State notes the Appeals Panel allowed your appeal and that you do not have a complaint against the Appeals Panel’s decision.  He notes that the Appeals Panel required the council to reconsider their decision, because they had not given you adequate reasons for their decision.  The Secretary of State takes the view that the council have now complied with this requirement.  He notes that in a statement sent by the council to the Appeals Panel on 7 July 1997 the council had considered your request and the issues you raised; however, they were not convinced that you met the exceptional circumstances under which they would pay retirement benefits.  The Secretary of State notes that as a result of your initial appeal you have seen the papers supporting the decision and an explanatory letter was sent to you on 21 August 1998.  He therefore concludes that, as the council have now complied with the Appeals Panel’s decision and supplied their reasons, their decision to withhold their discretion to pay your deferred benefits early on compassionate grounds has not been taken improperly.

6.                The Secretary of State has considered the reasons given by the council.  He considers that they have taken relevant considerations into account and that their decision is not one which no reasonable person could come to.

7.                The Secretary of State therefore concludes that the council have not acted improperly or unreasonable in exercising their discretion, and he therefore dismisses your appeal.

8.                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).

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