Local Government Pension Scheme Appeal Determination By The Secretary of State

Our Ref: LGR85/18/

2 September 1998

LOCAL GOVERNMENT PENSION APPEAL

LOCAL GOVERNMENT PENSION SCHEME REGULATIONS 1997 (the 1997 regulations)

1. I refer to your letter of 22 August in which you appeal against the decision of Mr XXX, the Appointed Person for XXX Council (the council). The Appointed Person found that the final calculation of the amount due to you under your ill-health retirement was correct, that the pension scheme rules have been correctly applied and your complaint has not been upheld. However he recognised that you had serious cause for complaint under the service provided by the council and XXX and offered you a one-off payment of £500 in recognition of the distress and inconvenience caused as a result of the original errors made by XXX.

2. It appears from your letter that you accept that the final calculation of your local government pension benefits have been correctly calculated; however you ask the Secretary of State to reconsider the amount of compensation you have been offered.

3. The Secretary of State has considered all the evidence and representations contained in your letter. He notes that you consider the amount of compensation offered is totally inappropriate given that you had to leave your former employment through no fault of your own and now face a very uncertain future in greatly reduced financial circumstances.

4. Secretary of State’s determination: The Secretary of State having taken into account the appropriate regulations finds that for the purposes of the 1997 regulations there are no provisions regarding compensation in cases where the local authority accepts that the service provided by the council’s contractor (or themselves) is unacceptable. Furthermore under the Local Government Pension Scheme Regulations 1995, which were in force at the time estimates were provided, or the 1997 regulations, there are no provisions requiring the council to provide estimates of pension 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; nor, for the same reasons, can be properly consider allegations of maladministration, or the level of compensation to be awarded in such cases, in the context of a pensions appeal. He determines accordingly.

5. Having made his determination 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 officials may not discuss the case further.

6. 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).

7. The Pensions Ombudsman may also investigate and determine any complaint or dispute of fact or law in relation to the local government pension scheme made or referred in accordance with the Pension Schemes Act 1993. His address is 11 Belgrave Road, London, SW1V 1RB (telephone number 0171 834 9144).