594      INDEX

LOCAL GOVERNMENT PENSION APPEAL

 

SUPERANNUATION ACT 1972

LOCAL GOVERNMENT SUPERANNUATION REGULATIONS 1974 (the 1974 regulations)

LOCAL GOVERNMENT SUPERANNUATION 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 15 March 1999 in which you appeal (under regulation 102 of the 1997 regulations) on behalf of Mrs XXX to the Secretary of State for the Environment, Transport and the Regions against the decision of Mrs XXX, the Appointed Person, in respect of Mrs XXX’s Local Government Pension Scheme (“LGPS”) dispute with XXX (“the council”).

2.                  The Appointed Person upheld the council’s decision that Mrs XXX was not entitled to purchase previous non-pensionable part-time service as membership in the LGPS (formerly the LGSS).  You maintain that the council did not take care to inform her of her entitlement in time to allow her to buy her previous non-pensionable 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 LGPS, which effectively means whether provisions governing the LGPS have been correctly applied in the circumstances.  There are no provisions to award compensation where claims are made that information has not been provided with regard to the LGPS.  It is noted that you contend that the council are guilty of maladministration as you allege that Mrs XXX was not informed of her entitlement under regulation C7A.  However, the Secretary of State has no powers to order redress in the context of a pensions appeal even if maladministration were proved.  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 Mrs XXX is entitled to purchase membership of the LGPS to reflect her part-time service from 11 March 1974 to 17 September 1978.

5.                  The Secretary of State has considered all the representations and evidence.  Copies of documents supplied by the Appointed Person which you may not have seenwere sent to you under cover of the department’s letter of 12 April 1999.

6.                  Secretary of State’s decision: The Secretary of State has taken into account the appropriate regulations.  He finds that Mrs XXX is not entitled to purchase membership of the LGPS from 11 March 1974 to 17 September 1978.  His decision confirms that made by the Appointed Person.  The Secretary of State’s reasons and the regulatory provisions which he considers apply in Mrs XXX’scase 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 allegation of maladministration or 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).