596 INDEX
Dear Sir
LOCAL GOVERNMENT PENSION APPEAL
SUPERANNUATION ACT 1972
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 14 March 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.
2. The Appointed Person upheld the decisions of XXX Council (the council) relating to your local government pension scheme (LGPS) rights. Your appeal is against the council’s failure to allow your preserved pension to be put into payment on compassionate grounds and their failure to arrange the transfer of your pension rights when your post was transferred to XXX Ltd (the company).
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. There are no provisions to award compensation where claims are made that information has not been provided with regard to the LGPS. 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 questions for decision: The questions for decision by the Secretary of State are whether the council:
a) were required to transfer your pension rights to the company;
b) 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 documents supplied by the Appointed Person, which you may not have seen,have been sent to you under cover of the department’s letter of 6 May 1999.
6. Secretary of State’s decision: The Secretary of State has taken into account the appropriate regulations. He finds that the council
a) were not required to transfer your pension rights to the company;
b) did not act unreasonably or improperly in deciding not to pay your deferred local government benefits early on compassionate grounds.
His decision confirms that made by the Appointed Person. The Secretary of State’s reasons and the regulatory provisions which 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 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 your pension manager.