Local Government Pension Scheme Appeal Determination By The Secretary of State

Our Ref: LGR85/18/

24 April 1998

LOCAL GOVERNMENT PENSION APPEAL

SUPERANNUATION 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 of 7 April (which the Department received on 14 April but which was not passed to this section until 22 April), on behalf of Mrs XXX, to the Secretary of State for the Environment, Transport and the Regions. Mrs XXX asked Mr XXX, the Appointed Person for XXX Council, to reconsider her disagreement with the council concerning their refusal to accept her request to have her service prior to July 1993 recognised for pension purposes. The Appointed Person concluded that Mrs XXX’s application had not been made within six months after the council had provided its formal written reply. He determined that her application was too late to be considered under the Internal Dispute Resolution Procedure (regulation J6(7) of the 1995 regulations).

2. The Secretary of State takes the view that he does have the power under regulation 102 of the 1997 regulations to reconsider a disagreement on appeal even if the Appointed Person has determined that the application is out of time. However, the Secretary of State can only do so if an application is made to him within six months of the date of the Appointed Person’s determination (regulation J8(1) of the 1995 regulations and regulation 102(7) of the 1997 regulations). He has no power or discretion to extend the six month period in which an appeal may be made to him. The Secretary of State notes that as Mr XXX issued his decision on 16 September 1997 your appeal on behalf of Mrs XXX is out of time. The Secretary of State cannot therefore reconsider the disagreement.

3. This completes the internal dispute procedure. The Occupational Pensions Advisory Service (OPAS) is available to assist members and beneficiaries in connection with difficulties which they have failed to resolve. His address is 11 Belgrave Road, London, SW1V 1RB (telephone number 0171 233 8080).

4. 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).

5. A copy of this letter has been sent to the Appointed Person.