Our Ref: LGR85/18/ZQ

4 November 1998

450          INDEX

 

LOCAL GOVERNMENT PENSION APPEAL

 

LOCAL GOVERNMENT PENSION SCHEME REGULATIONS 1997 (the 1997 regulations)

 

1.Thank you for your letters of 21 and 31 October in which you appeal (under regulations 102 of the 1997 regulations) to the Secretary of State for the Environment, Transport and the Regions.  You ask the Secretary of State to consider a disagreement about discretionary payments made to you under the Local Government (Compensation for Premature Retirement) Regulations 1982 (the 1982 regulations) now the Local Government (Discretionary Payments) Regulations 1996 (the 1996 regulations).  You do not raise any matters relating to your local government pension.

 

2. Although the County Finance Officer suggests you may have a right of appeal to the Secretary of State, and Mr XXX, (for Pensions Ombudsman) considers you do have such a right, this is not the case.  Both the primary and secondary legislation relating to the Internal Disputes Resolution Procedure (IDRP) refer specifically to disagreements about matters relating to pensions.  A discretionary award made or abated under either the 1982 or 1996 regulations is not a pension, and the IDRP does not apply.  There are no powers under either the 1982 or 1996 regulations for the Secretary of State to consider the matter on appeal, and he is unable to comment on the merits of the case.

 

3.  Although the County Finance Officer, in his letter to you of 26 October 1998, accepts that the IDRP does not apply to compensation payments he has arranged for your disagreement to be considered by an “Appointed Person”.  I agree with the view that the Appointed Person does not have a statutory duty to consider this matter under the IDRP, but it is clearly sensible for the council to try to resolve the matter internally.  If they are unable to do so, you may wish to consider whether to put the matter to the Pensions Ombudsman again.  His powers in relation to matters of compensation (rather than pensions) are for him to decide and we cannot comment on the extent of his jurisdiction which is separate from the Secretary of State’s.