Local Government Pension Scheme Appeal Determination By The Secretary of State

Our Ref: LGR 85/18/190

29 October 1999

LOCAL GOVERNMENT PENSION 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 June 1999 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 (the council).

2. The Appointed Person upheld the council’s decision to actuarially reduce your retirement benefits when they were brought into payment early.

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. There are no provisions to award compensation where claims are made that information has not been provided with regard to the LGPS. Like the Appointed Person the Secretary of State has no powers to direct a local authority to act outside the provisions of the regulations.

4. The question for decision: The question for decision by the Secretary of State is whether your retirement benefits should be paid at the level quoted in the estimate provided by the council in November 1997.

5. The Secretary of State has considered all the representations and evidence. Copies of documents supplied by the Appointed Person were sent to you under cover of the department’s letter of 25 June 1999.

6. The Secretary of State has considered all the representations and evidence. You enclosed more documents in support of your case with your letter of 4 July 1999 than were seen by the Appointed Person, and the Secretary of State has therefore had to consider whether they contain significant new evidence and a significant shift in your position which would warrant submitting the case back to the Appointed Person for re-consideration. He has concluded he can decide the appeal as submitted to the Appointed Person and consider all the papers in the context of issues put to the Appointed Person. Some of the additional papers show that the council, subsequent to the Appointed Person’s decision, considered exercising their discretion not to reduce your benefits on compassionate grounds. However, this decision was not part of the original disagreement referred to the Appointed Person and there is no evidence that you have disputed the decision. The Secretary of State cannot therefore consider it in the context of this appeal.

7. Secretary of State’s decision: The Secretary of State has taken into account the appropriate regulations. He finds that your retirement benefits should not be paid at the level quoted in the estimate provided by the council in November 1997, subject to any appeal on compassionate grounds. His decision confirms 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.

8. This completes the second stage of the internal disputes 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 0171 233 8080).

9. The Pensions Ombudsman may investigate and determine any complaint or dispute of fact or law in relation to the LGPS made or referred in accordance with the Pensions Schemes Act 1993. His address is 11 Belgrave Road, London, SW1V 1RB (telephone number 0171 834 9144).

10. A copy of this letter has been sent to the Appointed Person, your pension manager and your former employer.

NOTE: An electronic Version of the Annex was not supplied by DTLR for this appeal determination