650      INDEX

 

LOCAL GOVERNMENT PENSION APPEAL

 

SUPERANNUATION ACT 1972

LOCAL GOVERNMENT PENSION SCHEME REGULATIONS 1997 (the 1997 regulations)

 

1.                  I refer to your letter dated 21 October (faxed to this office on 21 October) 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 XXX Council.

 

2.                  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 your letter and attachment has not yet been received, the Appointed Person was asked to provide a copy of his decision letter.  I note that it was issued on 19 April 1999, so any appeal against that decision to the Secretary of State needed to be made by 19 October 1999.

 

3.                  Since you appealed to the Secretary of State on 21 October 1999, this was outside the six month period.  The Secretary of State has no powers under the regulation to extend the period.

 

4.                  Accordingly, the Secretary of State cannot accept your appeal as a valid application for reconsideration of your dispute.

 

5.                  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).

 

6.                  The Pensions Ombudsman may investigate and determine any complaint or dispute of fact or law in relation to the local government pension scheme.  His address is 11 Belgrave Road, London, SW1V 1RB (telephone number 0171 834 9144).