Local Government Pension Scheme Appeal Determination By The Secretary of State

31 December 1998

LOCAL GOVERNMENT PENSION APPEAL

LOCAL GOVERNMENT PENSION SCHEME REGULATIONS 1997 (the 1997 regulations)

1. I refer to your letter of 24 November 1998 in which you appeal to the Secretary of State (under regulation 102 of the 1997 regulations) following Mr XXX’s determination of 25 May 1998. Mr XXX, the Appointed Person, found that you were statutorily entitled to become a pensionable employee when you started your employment with XXX Council (the council) on 10 June 1991 and that your period of employment from 10 June 1991 to May 1994 counts as LGPS membership (subject to employee’s contributions being paid).

2. It appears from your letter that you do not dispute the Appointed Person’s decision but consider that because the council have failed to implement his decision there is a question of pension maladministration. The Secretary of State’s powers under regulations 102 and 103 of the 1997 regulations are to reconsider the original disagreement and are limited, like the Appointed Person’s, to whether the appropriate local government pension scheme regulations have been correctly applied in the given circumstances. As the Secretary of State has no appropriate powers of redress, questions relating to maladministration where a council has not acted upon the Appointed Person’s decision are not matters he can reasonably consider.

3. Where an employer disagrees with an Appointed Person’s decision he can appeal to the Secretary of State, under regulation 102 of the 1997 regulations, for him to reconsider the disagreement. Such an appeal must be made within six months of the Appointed Person’s decision. We understand that no such appeal has been made by the council. The Secretary of State can, therefore, only conclude that the council do not dispute the Appointed Person’s decision and he can see no legal basis for any delay in implementing his decision.

4. This completes the second stage of the internal dispute 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, SE1V 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).

6. A copy of this letter has been sent to the Appointed Person, the Pension Manager and the council.