719 INDEX
Our Ref: LGR 85/19/92
SUPERANNUATION ACT 1972
LOCAL GOVERNMENT SUPERANNUATION SCHEME REGULATIONS 1986 (the 1986 regulations)
LOCAL GOVERNMENT PENSION SCHEME REGULATIONS 1995 (the 1995 regulations)
LOCAL GOVERNMENT PENSION SCHEME REGULATIONS 1997 (the 1997 regulations)
1. I refer to your letter of 4 February 2000 in which you appeal (under regulation 102 of the 1997 regulations) to the Secretary of State for the Environment, Transport and the Regions against the decision of Mr XXX, the Appointed Person in relation to your local government pension scheme (LGPS) dispute with XXX Council (the council).
2. The Appointed Person upheld the council’s decision not to commence paying your deferred LGPS benefits on ill-health grounds.
3. The Secretary of State’s powers under regulations 102 and 103 of the 1997 regulations are to reconsider the original disagreement referred to the Appointed Person under regulation 100. This regulation refers to a matter relating to the LGPS, which effectively means whether provisions governing the LGPS have been correctly applied in the circumstances. One of your complaints is that the Appointed Person took longer than two months to issue his decision. As this is not part of the original matter in dispute the Secretary of State has no formal power to investigate it.
4. The question for decision: The question for decision by the Secretary of State is whether at time you applied for early release of your deferred benefits in April 1999 you had become permanently incapable, by reason of ill-health or infirmity of mind or body, of discharging efficiently the duties of the employment you ceased to hold.
5. The Secretary of State has considered all the representations and evidence. Copies of documents supplied by the Appointed Personwere sent to you under cover of the Department’s letter of 11 February 2000. In your letter of 18 February 2000 you refer to a report by Dr XXX dated 7 June 1999 that was not among the documents considered by the Appointed Person. It has been confirmed that this was not considered by the Appointed Person nor has this report been made available to the Secretary of State who has therefore been unable to consider its contents.
6. Secretary of State’s decision: The Secretary of State has taken into account the appropriate regulations. He finds that he cannot make a decision as insufficient medical evidence has been submitted by either party to the appeal. While you have made a number of representations you have provided no medical evidence to support your case. Equally the council’s sole medical evidence is the statement of their County medical advisor that your GP’s report does not confirm the presence of a permanent incapacity. There is some evidence that the council have not acted properly in reaching their decision and there is no evidence that their decision was not unreasonable. Therefore the Secretary of State has decided that the council must re-consider the matter in a proper fashion, demonstrating that they have taken proper account of the medical issues. His decision does not require the council to come to a different decision if after properly reconsidering the matter they come to the same conclusion. His decision replaces that made by the Appointed Person. The Secretary of State’s reasons and the regulatory provisions which he considers apply in yourcase are set out in the annex to this letter, which forms an integral part of this decision. He is acting judicially and has no power to modify the way the regulatory provisions apply to the facts of the case. Having made his decision he has no power to alter it and his officials cannot discuss the case further. The decision is binding and can only be overturned by a judgement of the High Court or the Pensions Ombudsman.
7. 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. Their address is 11 Belgrave Road, London, SW1V 1RB (telephone number 0207 233 8080).
8. The Pensions Ombudsman may investigate and determine any complaint of maladministrationor any dispute of fact or law in relation to the LGPS made or referred in accordance with the Pension Schemes Act 1993. His address is 11 Belgrave Road, London, SW1V 1RB (telephone number 0207 834 9144).
9. A copy of this letter has been sent to the Appointed Person, your pension manager and your former employer.