406 INDEX
Our Ref: LGR85/18/
LOCAL GOVERNMENT PENSION APPEAL
SUPERANNUATION ACT 1972
LOCAL GOVERNMENT PENSION SCHEME REGULATIONS 1997 (“the 1997 regulations”)
1. I refer to your letter of 20 July 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 XXX, the Appointed Person. You ask the Secretary of State to consider the failure of XXX Fund (the fund) to advise you of limits to the award of added years and their incorrect estimates of your benefits.
2. The Appointed Person decided that his jurisdiction did not extend to questions on the award of added years as they were not covered by the Local Government Pension Scheme (LGPS) regulations.
3. The Secretary of State has considered your letter of 20 July and its enclosures. His powers under regulation 102 of the 1997 regulations are limited to reconsidering the original disagreement referred to the appointed person under regulation 100. This regulation refers to a disagreement about a matter in relation to the LGPS.
4. Secretary of State’s determination: Having taken into account the appropriate regulations, the Secretary of State finds that for the purposes of the 1997 regulations there are no provisions requiring the council to provide estimates of pension benefits. To the extent that the estimates covered your LGPS pension benefits, therefore, the Secretary of State determines that the fund have not acted in contravention of the regulations. The award of compensatory added years is set out in Part III of the Local Government (Discretionary Payments) Regulations 1996 and enhanced redundancy payments are set out in either Part II or IV of these regulations. These are separate from the LGPS and the Internal Dispute Resolution Procedure only applies to this pension scheme. The Secretary of State has no powers under regulation 102 to consider matters relating to compensation. Furthermore, there are no powers in the Discretionary Payments regulations to appeal to the Secretary of State about a disagreement between employees or former employees and their employing authority, because any award under these regulations is at the discretion of your former local authority. The Secretary of State cannot therefore consider this matter.
5. This completes the second stage of Internal Disputes Resolution Procedure. The Occupational Pensions Advisory Service (OPAS) is available to assist members and beneficiaries in connection with difficulties which they have failed to resolve. The OPAS 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 LGPS. His address is 11 Belgrave Road, London, SW1V 1RB (telephone number 0171 834 9144).
7. A copy of this letter has been sent to the Appointed Person.