LOCAL GOVERNMENT PENSION SCHEME APPEAL

 

LOCAL GOVERNMENT PENSION SCHEME REGULATIONS 1997 (the 1997 regulations)

 

I refer to your letter of 20 February 2000 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 relation to your local government pension scheme (LGPS) dispute with the XXX Pension Fund.

 

Under regulation 102 of the 1997 regulations an application to the Secretary of State to reconsider a disagreement must be made within six months of the date of the Appointed Person’s decision.  As you did not attach a copy of the Appointed Person’s decision letter he was asked to provide a copy.  I note that it was issued on 4 August 1999, so any appeal against that decision to the Secretary of State was required statutorily to be made by 4 February 2000.

 

Your appeal to the Secretary of State of 20 February 2000 was therefore outside the six-month period.  I note you explain that you had failed to submit it earlier because you were suffering bereavement of both your parents.  While I have a great deal of sympathy with your position, I regret the Secretary of State has no powers under the regulations to extend the period.

 

Accordingly, I am sorry to say that the Secretary of State cannot accept your appeal as a valid application for reconsideration of your dispute.

 

This completes the second stage of the internal dispute 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 0207 233 8080).

 

The Pensions Ombudsman may investigate and determine any allegation of maladministration or any dispute of fact or law in relation to the LGPS made or referred in accordance with the Pension Schemes Act 1993.  His address is 11 Belgrave Road, London, SW1V 1RB (telephone 0207 834 9144).