846      INDEX

 

LOCAL GOVERNMENT PENSION SCHEME APPEAL

 

SUPERANNUATION ACT 1972

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 1 August 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 Airport Plc.

 

2.      The disagreement you referred to the Appointed Person is whether XXX Airport Plc. should have granted you ill-health retirement benefits from the date your employment ceased.

 

3.      Under the 1997 regulations a person has 6 months from when a decision is taken to refer the matter to the Appointed Person, or such further period as the Appointed Person considers appropriate.  The Secretary of State considers you had six months from when your employment was terminated on 9 October 1995 to refer the matter on appeal.  He notes that you acknowledge that your appeal to the Appointed Person was past the statutory time limit, but no evidence has been provided to explain why the disagreement was not referred earlier nor has the Appointed Person explained why he considered it reasonable to accept your disagreement outside the six month period.  However, the Appointed Person did consider and decide the disagreement you referred to him and found “…at your time of dismissal the advice from the Occupational Physician and the medical evidence itself does not support retirement on the grounds of incapacity.”.

 

4.      The Secretary of State takes the view that your disagreement arose on 9 October 1995, when your employment was terminated.  He notes that, when a person considers he has a claim or grievance, the law requires him to pursue it with reasonable diligence.  Your employment was terminated on 9 October 1995 and no evidence has been submitted to the Secretary of State to show that you registered a dispute or questioned the decision at that time.  It appears from the evidence available that it was not until 10 April 2000 that you referred the matter to the Appointed Person.  The Secretary of State has not been provided with an explanation to satisfy him as to why you could not have pursued any such claim before 9 April 1996.  He therefore concludes that you have not pursued you claim with reasonable diligence and it cannot be taken to be a dispute which he can consider on appeal.

 

5.      If you consider that at some time since your employment was terminated you have become permanently incapable, by reason of permanent ill-health or infirmity of mind or body, of discharging efficiently the duties of your former employment you may apply to XXX Airport Plc. for the immediate payment of your deferred LGPS benefits.  XXX Airport Plc. will then consider whether you are entitled to early payment of your deferred LGPS benefits on the above grounds under regulation D11 of the 1995 regulations.    

 

6.      The Pension Advisory Service (OPAS) is available to assist members and beneficiaries in connection with difficulties they have failed to resolve.  Their address is 11 Belgrave Road, London, SW1V 1RB (telephone number 020 7233 8080).

 

7.      The Pensions Ombudsman may investigate and determine any allegation of maladministration or 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 020 7834 9144).