Local Government Pension Scheme Appeal Determination By The Secretary of State

Our Ref: LGR85/18/

5 November 1998

LOCAL GOVERNMENT PENSION APPEAL

LOCAL GOVERNMENT PENSION SCHEME REGULATIONS 1997 (the 1997 regulations)

1. I refer to your letter of 30 October 1998 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 for XXX Council (the council).

2. Following the Pensions Ombudsman’s determination that your pensionable remuneration should take account of the value of your car leasing allowance, you have been in dispute with the council about the value. The council determined that the amount should be the “taxable amount”, which is, in your view, less than the actual amount. You referred the disagreement to the Appointed Person who upheld the method adopted by the council to determine the money value of the lease car provided to you. You explain that you have not received an explanation of why an amount less than the actual lease payment should be used. You contend that there is no valid reason why the full amount of the lease payment should not be used as is stated at the beginning of paragraph 16 of the Pensions Ombudsman’s determination.

3. Secretary of State’s decision: The Pensions Ombudsman directed the council to recalculate your pensionable remuneration to take account of the value of your car leasing allowance. The Secretary of State considers that a disagreement arising from a determination by the Pensions Ombudsman is a matter for the Pensions Ombudsman to resolve. The Secretary of State determines accordingly. Having made his determination he has no power to alter it but you may refer the matter to the Pensions Ombudsman or the High Court. Because of this, the Secretary of State’s officials cannot discuss the case further.

4. 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. The address is 11 Belgrave Road, London, SE1V 1RB (telephone number 0171 233 8080).

5. The Pensions Ombudsman may 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 Pensions Schemes Act 1993. His address is 11 Belgrave Road, London, SW1V 1RB (telephone number 0171 834 9144).