583      INDEX

Our Ref: LGR85/19/63

14 July 1999

LOCAL GOVERNMENT PENSION APPEAL

 

SUPERANNUATION ACT 1972

LOCAL GOVERNMENT PENSION SCHEME REGULATIONS 1997 (the 1997 regulations)

 

I refer to your fax of 5 June 1999 in which you inform the Secretary of State that you would like to lodge an appeal against the decision made by XXX Fund under the Internal Dispute Resolution Procedure in respect of your pension rights.  You explained that the relevant documentation would be forwarded under separate cover.  This letter was sent by fax and received in the Department on 5 June 1999.  Your letter of the 7 June 1999 was received in the Department on 9 June 1999 enclosing a copy of your fax.  Mrs XXX wrote to you on 14 June asking for a copy of the relevant documentation.  Your letter of 20 June 1999 enclosing this documentation was received in the Department on 29 June 1999.

 

Under regulation 102 of the 1997 regulations an application to the Secretary of State to reconsider a disagreement must be made within 6 months of the date of the Appointed Person’s decision.  In your case that meant by 7 June 1999, as the Appointed Person’s letter was issued on 8 December 1999.

 

Regulation 102 requires an application to

 

set out particulars of the grounds on which it is made, including a statement that the applicant wishes the disagreement to be reconsidered;

 

set out certain personal details;

 

be accompanied by a copy of the Appointed Person’s decision; and

 

state why the applicant is dissatisfied with the Appointed Person’s decision.

 

Your letters of 5 and 7 June 1999 did not contain these details of your dispute.  While they notified us of your intention to appeal, they in the Secretary of State’s view did not constitute a valid application.  The details of your dispute were contained in your letter of 20 June 1999.  This was outside the 6 month appeal period.

 

You have not given any reason why you were unable to lodge a valid appeal within the prescribed period.  The Secretary of State has no powers under the regulation to extend the period.

 

Accordingly the Secretary of State cannot accept your appeal as a valid application for reconsideration of your dispute.

 

This completes the second stage of the Internal Dispute Resolution Procedure. 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).

 

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