Our Ref: LGR 85/18/142              

January 1999

 

LOCAL GOVERNMENT PENSION APPEAL

 

SUPPERANNUATION 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 the XXX (the council) to reduce your pension and lump sum retirement grant since you chose to retire before your normal retirement date and receive immediate payment of benefit.  You maintain that you were not given guidance on the consequences of your decision to receive early payment of benefits.

It would appear from your letter that you are not questioning the Appointed Person’s decision on the issue whether the 1997 regulations have been applied correctly, that is you are not requesting the Secretary of State to reconsider a disagreement between you and your former employer and the council.  Rather you ask the Secretary of State whether the council are guilty of maladministration in that they did not provide you with accurate information about the consequences of your decision to take early retirement.

3.                  The Secretary of State has no jurisdiction to consider such matters on appeal.  His jurisdiction 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.  As he has no appropriate powers of redress he cannot reasonably consider questions of alleged misinformation.

4.                  As the Secretary of State’s is unable to consider an appeal on the issue you have raised you may wish to consider whether it is appropriate to refer the matter to the Pensions Ombudsman.

5.                  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).

6.                  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).

7.                  A copy of this letter has been sent to the Appointed Person and to your pension manager.