539      INDEX

 

LOCAL GOVERNMENT PENSION APPEAL

 

SUPERANNUATION 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 8 January 1999 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.

 

In referring the matter to the Appointed Person you enclosed a copy of a leaflet, which was sent to your husband.  Because of the information contained in this leaflet you and your late husband believed that you would receive a pension equal to half your late husband’s pension after his death.  The Appointed Person found that the information was not correct in his circumstances as it referred to a member dying whilst still an employee, and a contributor to the pension fund.  However, he considered that your husband should have realised that this was the case as the leaflet clearly stated this.  He concluded that he had no discretion under the Local Government Pension Scheme (LGPS) to pay a pension in excess of that which is due.

 

2.    The question for decision: The question for decision by the Secretary of State is whether you are entitled to receive a pension equal to half your late husband’s pension after his death.

 

3.    The Secretary of State has considered all the representations and evidence.  A copy of Mr XXX’s letter of 22 February 1999 was sent to you undercover of the Department’s letter of 3 March 1999.

 

4.    Secretary of State’s decision:  The Secretary of State’s powers under regulations 102 and 103 of the 1997 regulations are limited, like the Appointed Person’s, to whether the appropriate local government pension scheme regulations have been correctly applied in the given circumstances. The Secretary of State finds that you are not entitled to a pension equal to half your late husband’s pension after his death.  There are no provisions in the local government pension scheme regulations which would allow XXX County Council to pay a pension at a level higher than that set out in the regulations.  Nor does the Secretary of State have any powers to require them to act other than in accordance with the appropriate regulations. His decision confirms that made by the Appointed Person.  The Secretary of State’s reasons and the legislative 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 legislative provisions apply to the facts of the case.  Having made his decision he has no powers 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.

 

5.    The Occupational 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.  His address is 11 Belgrave Road, London, SW1V 1RB (telephone number 0171 834 9144).