Our Ref: LGR85/18/

24 August 1998

LOCAL GOVERNMENT PENSION APPEAL

LOCAL GOVERNMENT PENSION SCHEME REGULATIONS 1995 (the 1995 regulations)

LOCAL GOVERNMENT PENSION SCHEME REGULATIONS 1997 (the 1997 regulations)

1. Thank you for your letter of 17 August 1998, on behalf of Mr XXX, following the decision by XXX, the Appointed Person, in which you ask the Secretary of State to consider a matter concerning Mr XXX's retirement benefits.

2. In your letter to the Secretary of State you do not question the decision of Mr XXX on the issue whether the 1995 regulations have been applied correctly; rather Mr XXX considers that the figures relating to his pension benefits which he was given at a meeting and also confirmed in writing, prior to his employment ceasing and to entitlement to payment of such benefits, should be binding.

3. Secretary of State's decision: The Secretary of State having taken into account the appropriate regulations finds that for the purposes of the 1995 regulations, which were in force at the time, there are no provisions requiring the council to provide estimates of pension benefits prior to entitlement to the payment of such benefits. As the Secretary of State's powers of redress are limited to instances where the appropriate regulations have been incorrectly applied, the accuracy of an estimate or the reasons why it was provided are not matters he can reasonably consider. He determines accordingly.

4. Having made his determination the Secretary of State has no power to alter it but you may refer the matter to the Pensions Ombudsman or to the High Court. Because of this officials may not discuss the case further.

5. This completes the second stage of the IDRP. The Occupational Pensions Advisory Service (OPAS) is available to assist members and beneficiaries in connection with difficulties which they have failed to resolve. His 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 local government pension scheme. His address is 11 Belgrave Road, London, SW1V 1RB (telephone number 0171 834 9144).