527      INDEX

 

LOCAL GOVERNMENT PENSION APPEAL

 

LOCAL GOVERNMENT SUPERANNUATION ACTS 1937 TO 1953 (the Acts of 1937 to 1953)

SUPERANNUATION ACT 1972

LOCAL GOVERNMENT PENSION SCHEME REGULATIONS 1997 (the 1997 regulations)

 

1.                  I refer to your letter of 15 December 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 Mr XXX, the Appointed Person.

2.                  The Appointed Person upheld the decision of XXX Council that there was no evidence that you paid pension contributions for a period of employment with XXX District Council (the council) between 1966 and 1969.  You maintain that you were a pensionable employee at the time and now entitled to payment of your pension for that period of service.

3.                  The Secretary of State’s powers under regulations 102 and 103 of the 1997 regulations are to reconsider the original disagreement referred to the Appointed Person 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 Appointed Person the Secretary of State has no powers to direct a local authority to act outside the provisions of the regulations.

4.                  The question for decision: The question for decision by the Secretary of State is whether you are entitled to a pension in respect of your employment with the council between 1966 to 1969.

5.                  The Secretary of State has considered all the representations and evidence.  Copies of all documents supplied by the Appointed Person have been sent to you under cover of the department’s letter of 12 January 1999.

6.                  Secretary of State’s decision: The Secretary of State has taken into account the appropriate regulations.  He finds that you are not entitled to a pension in respect of your employment with the council between 1966 to 1969.  His decision confirms that made by the Appointed Person.  The Secretary of State’s reasons and the regulatory provisions which he considers apply in your case are set out in the annex to this letter, which forms an integral part of this decision.  He is acting judicially and has no power to modify the way the regulatory provisions apply to the facts of the case.  Having made his decision 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 the Secretary of State’s officials cannot discuss the case further.

7.                  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).

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

9.                  A copy of this letter has been sent to the Appointed Person and to XXX Fund.

 

EVIDENCE RECEIVED

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

(a)               from you: letter dated 15 December 1998 (with enclosures); and

(b)               from the Appointed Person: letter dated 6 January 1999 (with the enclosures listed in the department’s letter of 12 January).

REGULATIONS CONSIDERED AND REASONS FOR DECISION

2.                  Between 1966 and 1969 the Acts of 1937 to 1953 dealt with the pension entitlements of local government employees.  Local government employees who paid contributions to a pension scheme set up under those Acts were entitled to a pension from what is now the LGPS if they had served at least 10 years membership and ceased employment at their normal retirement age.  Whole-time officers (full time administrative, professional or clerical workers) aged 18 or over were entitled to contribute toward a pension under such a scheme.  Manual workers (those who were not officers) were only entitled to contribute where the relevant local council conditionally resolved to provide entitlement.  If an employee ceased local government employment before retirement age or had less than 10 years membership in a local government pension scheme, his contributions were returned to him unless he resumed local government employment within twelve months.

3.                  You contend that you paid contributions to a local government pension scheme while you were in local government employment as a indentured apprentice painter and decorator for the council between 1966 and 1969.  You have not produced any evidence that you paid contributions to a local government pension scheme during this period.  The Appointed Person did not allow your claim as he could not find any record in the council’s pension records.

4.                  The Secretary of State in reaching his decision has had regard to the regulations which, in his view, apply.  He accepts that the Appointed Person searched the relevant council records. He finds that there is no evidence that you paid contributions for your period of local government employment between 1966 and 1969.  Furthermore, if you had paid such contributions, these should have been returned to you when you ceased your council employment.  Again there is no evidence about this.  He concludes that you are not entitled to pension benefits in respect of your local government employment between 1966 and 1969 and that there is no evidence to support a payment now or to request a return of contributions for that period.