LOCAL GOVERNMENT PENSION APPEAL

 

SUPERANNUATION ACT 1972

LOCAL GOVERNMENT PENSION SCHEME REGULATIONS 1995 (the 1995 regulations)

 

 

1.                  I refer to your letter of   16 February 1998 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 o fXXX, the Appointed Person.  The Appointed Person upheld the decision of XXX Council (the council) not to pay your local government pension scheme (LGPS) benefits from when you ceased employment on 11 April 1997.

 

2.                  The Secretary of State’s powers under regulations J8 and J9 of the 1995 regulations are limited to reconsidering a disagreement about a matter relating to the LGPS, which effectively means whether or not the LGPS regulations have been correctly applied in the circumstances.  Therefore the question for determination by the Secretary of State is whether you ceased to hold local government employment by reason of being permanently incapable of discharging efficiently the duties of that employment by reason of ill-health or infirmity of mind or body.

 

3.                  Secretary of State’s determination: The Secretary of State having taken into account the appropriate regulations, finds that, on the basis of the medical evidence available to him, you were not permanently incapable of discharging efficiently your former duties in local government employment by reason of ill-health or infirmity of mind or body when you ceased your employment with the council on 11 April 1997.  He accordingly dismisses your appeal.  His decision confirms that made by the Appointed Person.  The Secretary of State’s 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 this determination.  He 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 but you may refer the matter to the Pensions Ombudsman or to the High Court.  Because of this officials may not discuss the case further.

 

4.                  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).

 

5.                  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).