LOCAL GOVERNMENT PENSION APPEAL

 

SUPERANNUATION ACT 1972

LOCAL GOVERNMENT SUPERANNUATION ACTS 1937 to 1953 (the 1937 to 1953 Acts)

LOCAL GOVERNMENT PENSION SCHEME REGULATIONS 1997 (the 1997 regulations)

 

1.      I refer to your letter of 27 June 1999 in which you appeal (under regulation 102 of the 1997 regulations), to the Secretary of State for the Environment, Transport and the Regions, in part against the decision of Mr XXX, the Appointed Person for XXX (the council).  You referred two disagreements to the Appointed Person and in your letter you confirm that the first disagreement on pensionable pay has been resolved.  You remain, however, unhappy with the explanation on the second question.  This concerns the period from when you joined the council at age 16 to age 18.

 

2.      You consider that the 2 year period between the ages of 16 and 18 should be credited to your membership of the local government pension scheme (LGPS).  You believe that when the regulations were amended so that employees could join the LGPS at age 16 you should have been informed and given the opportunity to make up those 2 years.  You further believe a colleague who retired early on ill-health grounds was given 2 years service for the period 1966 to 1968.

 

3.      The Secretary of State, in reaching his decision, cannot take into account claims about how other members of the LGPS have had pension questions decided by either the employer or the Administering Authority.  His powers on appeal are limited to whether the rules governing the LGPS have been correctly applied in the particular circumstances of the appellant’s case.

 

4.      The question for decision: The question for decision by the Secretary of State is whether the period you worked for the council before you reached the age of 18 should count as membership of the LGPS.

 

5.      Secretary of State’s decision: The Secretary of State has taken into account the appropriate regulations and all the representations made.  He finds that your service with the council before the age of 18 cannot count towards membership of the LGPS.  At the time you joined the council in 1966 the 1937 to 1953 Acts applied.  Under these Acts (sections 3(4) and 12) and subsequent regulations up to 31 March 1990 there was no provision for service before the age of 18 to count towards membership of the LGPS (formerly the local government superannuation scheme).  Changes were made with effect from 1 April 1990 so that employees were eligible to join the LGPS at the age of 16.  However this did not apply to employees who had joined the LGPS before this date.  The Secretary of State therefore dismisses your appeal.  He decision on this issue confirms that made by the Appointed Person.

 

6.      The Secretary of State is acting judicially and has no power to modify the way the regulations apply to the facts of the case.  Having made his decision 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.

 

7.      The 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).

 

8.      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).

 

9.      A copy of this letter has been sent to the Appointed Person and the Pensions Manager.