LOCAL GOVERNMENT PENSION SCHEME APPEAL

 

LOCAL GOVERNMENT PENSION SCHEME REGULATIONS 1997 (the 1997 regulations)

 

1.      I refer to your letter of 27 August (received in this office on 3 September) in which you appeal (under regulation 102 of the 1997 regulations), on behalf of Mr XXX, to the Secretary of State for the Environment, Transport and the Regions against the decision of Mr XXX, the Appointed Person, in relation to Mr XXX’s local government pension scheme (LGPS) dispute with XXX Council (the council).

 

2.      Under regulation 102 of the 1997 regulations an application to the Secretary of State to reconsider a disagreement must be made within 6 months of the date of the Appointed Person’s decision.  The Appointed Person’s decision regarding Mr XXX was issued on 25 November 1998, so any appeal against that decision to the Secretary of State needed to be made by 24 May 1999.

 

3.      Since you appealed to the Secretary of State on 27 August 1999, this was outside the 6 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 Mr XXX’s dispute.

 

5.      This completes the second stage of the internal dispute 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.  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 LGPS.  His address is 11 Belgrave Road, London, SW1V 1RB (telephone number 0171 834 9144).