Our Ref: LGR85/18/

28 October 1998

439          INDEX

 

LOCAL GOVERNMENT PENSIONS APPEAL

 

LOCAL GOVERNMENT PENSION SCHEME REGULATIONS 1997 (“the 1997 regulations”)

 

1. I refer to your letter 18 October 1998 in which you appeal to the Secretary of State (under regulation 102 of the 1997 regulations) following Mr XXX’s determination of 17 July 1998.  As, the Appointed Person for XXX Council (the council), Mr XXX found that he had no powers to make a decision on a question solely of maladministration.

 

2. The question for determination: The Secretary of State notes that you have not questioned the Appointed Person’s decision.   Rather you contend that you received advice from the XXX agent which led you to believe that you would receive a lump sum payment on retirement if you paid into the council’s AVC scheme.  You now understand that this is not the case and ask for justice.

 

3. Secretary of State’s determination: The Secretary of State’s powers under regulations 102 and 103 of the 1997 regulations are limited, like the Appointed Person’s, to whether the regulation have been correctly applied in the given circumstances.  The 1997 regulations provide for a lump sum payment to be made on retirement in respect of contributions to a council’s AVC scheme only if the annual amount provided by the AVC and local government pension benefits is not more than £195 per year (regulations 49 and 61 of the 1997 regulations).  There are no provisions for a lump sum to be paid in your circumstances. With regard to your contention concerning the advice given by the XXX agent, the Secretary of State considers it is not a matter he can reasonably consider in the context of a pensions appeal, because he has no means of redress on questions of maladministration.  He determines accordingly. Having made his determination, he has no power to alter it but you may refer the matter to the Pensions Ombudsman or to the High Court.  Because of this, the Secretary of State’s officials cannot discuss the case further.

 

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.  The 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 local government pension scheme made or referred in accordance with the Pensions Schemes Act 1993.  His address is 11 Belgrave Road, London, SW1V 1RB(telephone number 0171 834 9144).