555      INDEX

           

LOCAL GOVERNMENT PENSION APPEAL

 

LOCAL GOVERNMENT PENSION SCHEME REGULATIONS 1995 (the 1997 regulations)

 

1.      I refer to your letter of 17 April 1999 (which was received on 26 April 1999) in which you appeal (under regulation 102 of the 1997 regulations) to the Secretary of State for the Environment, Transport and the Regions.  The Appointed Person found that the time-scale in which you could have made a surrender expired on the 12 July 1980 and he upheld the original decision taken by the London Borough of XXX.

 

2.      You do not dispute the Appointed Person’s findings but ask the Secretary of State to take into account that you were unaware of any such time limit as you did not receive the letter dated 11 June 1980 from the Controller of Financial Services (referred to in the Appointed Person’s letter of 16 December 1998 as 12 June 1980).

 

3.      The Secretary of State’s decision: The Secretary of State has taken into account the appropriate regulations.  His powers under regulations 102 and 103 of the 1997 regulations are to reconsider the original disagreement referred to an appointed person under regulation 100, which effectively means whether the LGPS regulations have been properly applied.  The Secretary of State cannot direct a local authority to act outside the requirements of the regulations.  The LGPS regulations which applied at the time you retired were the Local Government Superannuation Regulations 1974.  These provided provision for a member to surrender part of their pension in order to provide a grant to his spouse or any dependant on his death (regulation E4). They further provided that an application may be made up to two months before the member ceases employment or within one month of ceasing (Schedule 11).  The Secretary of State notes that you do not dispute that the scheme regulations have been applied properly but that you contend you did not receive the council’s letter of 11 June 1980.  There is no clear evidence to demonstrate that on the balance of probabilities you did not receive this letter.  The Secretary of State therefore dismisses your appeal.

 

4.      This completes the second stage of the internal disputes resolution procedure.  Having made his decision, the Secretary of State 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.

 

5.      The Pensions Ombudsman may investigate and determine any complaint or dispute of fact or law in relation to the LGPS, including allegations of maladministration, made or referred in accordance with the Pension Schemes Act 1993.