Local Government Pension Scheme Appeal Determination By The Secretary of State

Our Ref: LGR85/19/2

22 December 1997

SUPERANNUATION ACT 1972

LOCAL GOVERNMENT PENSION SCHEME REGULATIONS 1995

1. I refer to your letter of 18 September in which you appeal (under regulation J8 of the 1995 regulations) to the Secretary of State for the Environment, Transport and the Regions against the decision of Mr XXX, the Appointed Person for XXX Council (the council). The Appointed Person upheld the councils decision that you are not entitled to immediate payment of ill-heath pension benefits under the Local Government Pension Scheme Regulations 1995 (LGPS).

2. The Secretary of State notes that your dispute is about whether you are entitled to immediate payment of retirement benefits on grounds of ill health.

3. The Secretary of State has considered all the representations and evidence. Copies of all the documents supplied by the Appointed Person have been sent to you and are listed in the annex to this letter.

4. Secretary of States determination: The Secretary of State having taken into account the appropriate regulations, finds under the LGPS that you are not entitled to immediate payment of ill-health benefits. The Secretary of States reasons and the regulations which he considers apply in your case are set out in the annex to this letter, which forms an integral part of the determination. The Secretary of State is acting judicially and has no power to modify the application of the regulations to the facts of the case. Having made his determination he has no power to alter it unless instructed to in a judgement by the High Court. Because of this officials may not discuss the case further.

5. The Secretary of States determination confirms the Appointed Persons decision in that as you have not ceased employment with the council you are not entitled to immediate payment of ill-health benefits.

6. The Occupational 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).

7. The Pensions Ombudsman may investigate and determine any complaint or dispute of fact or law in relation to the local government pension scheme. His address is 11 Belgrave Road, London, SW1V 1RB (telephone number 0171 834 9144).

EVIDENCE RECEIVED

1. The following evidence has been received and taken into account:

a. from Ms XXX: letters dated 18 September with enclosures and 24 November 1997; and

b. from the Appointed Person: letter dated 11 December 1997; with enclosures.

REGULATIONS CONSIDERED AND REASONS FOR DECISION

2. From the evidence submitted the following relevant point has been noted:

a. you are employed by the council.

3. The Secretary of State in reaching his decision has had regard to the regulations, which in his view, apply. Regulation D7(1) of the LGPS requires employment to cease before benefits can be paid. In such circumstances the cessation must be because the member is permanently incapable of carrying out his duties efficiently because of ill-health. In your case the Secretary of State notes that employment has not ceased and therefore regulation D7(1) of the LGPS does not apply and benefits cannot be paid. The question whether your employment should be terminated is not itself a pensions issue and is therefore outside the scope of the LGPS. The Secretary of State has no powers to consider it.