500      INDEX

 

LOCAL GOVERNMENT PENSION APPEAL

 

SUPPERANNUATION ACT 1972

LOCAL GOVERNMENT PENSION SCHEME REGULATIONS 1995 (the 1995 regulations)

LOCAL GOVERNMENT PENSION SCHEME REGULATIONS 1997 (the 1997 regulations)

 

1.                  I refer to your letter received by the department on 12 January 1999 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.

2.                  The Appointed Person upheld the decision of XXX (the council) to recover overpayment of your pension while you were a re-employed pensioner.

3.                  Under regulations 102(7) of the 1997 regulations the Secretary of State’s can only reconsider a disagreement about a matter relating to the local government pension scheme (LGPS) within six months of the Appointed Person’s decision.  The Secretary of State notes that the Appointed Person issued his decision on 17 October 1997 and he informed you of the need to invoke the stage two appeal within six months.  Your appeal is therefore out of time and cannot be reconsidered.

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.  Their address is 11, Belgrave Road, London, SW1V 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 LGPSmade or referred in accordance with the Pensions Schemes Act 1993.  His address is 11, Belgrave Road, London, SW1V 1RB (telephone number 0171 834 9144).

6.                  A copy of this letter has been sent to the Appointed Person and to your pension manager.