530      INDEX

LOCAL GOVERNMENT PENSION APPEAL

 

SUPERANNUATION ACT 1972

LOCAL GOVERNMENT SUPERANNUATION SCHEME REGULATIONS 1986 (the 1986 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 7 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 way XXX Council (the council) exercised their discretion under the local government pension scheme (LGPS).  The council decided not to allow early payment of your retirement benefits on compassionate grounds.  You contend that the council have not explained their decision properly.

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 LGPS, which effectively means whether the LGPS regulations have been correctly applied in the circumstances.  Like the Appointed Person, 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, improperly and, in cases where it has, to determine that the matter should be reconsidered in a proper manner.

4.                  The question for decision: The question for decision by the Secretary of State is whether the council acted unreasonably or improperly in deciding not to pay your deferred local government benefits early on compassionate grounds.

5.                  The Secretary of State has considered all the representations and evidence.  Copies of those documents supplied by the Appointed Person you may not have seen have been sent to you under cover of the department’s letter of 5 February 1999.

6.                  Secretary of State’s decision: The Secretary of State has taken into account the appropriate regulations.  He finds that the council did not act properly in reaching their decision, in that they have not shown how they arrived at their conclusion.  The Secretary of State therefore determines that the council should reconsider the matter and let you have their decision in a proper manner.  His decision does not require the council to come to a different decision if, on a proper reconsideration and explanation of the issues, they conclude that payment of your pension on compassionate grounds is not justified.

7.                  The Secretary of State’s decision replaces that made by the Appointed Person.  The Secretary of State’s reasons and the regulationswhich he considers apply in yourcase 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 regulationsapply 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.

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 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).