LOCAL GOVERNMENT PENSION APPEAL

 

SUPERANNUATION ACT 1972

LOCAL GOVERNMENT PENSION SCHEME REGULATIONS 1997 (the 1997 regulations)

 

1.                  I refer to your letter of 22 November 1999 in which you appeal (under regulation 102 of the 1997 regulations) against the decision of Mr XXX, the Appointed Person for XXX County Council, in relation to your local government pension scheme (LGPS) dispute with the XXX (the service).

 

2.                  The Secretary of State takes the view that the decision against which you have appealed is that contained in Mrs D XXX’s letter of 12 September 1994, which explained that you had no entitlement to a pension in relation to your service with XXX between 1954 and 1965 because you had taken a refund of contributions in 1971.

 

3.                  The Appointed Person determined that your complaint was out of date and he was therefore unable to consider the matter on appeal.  He did, however, review the circumstances of your case and felt that the probation service had correctly applied the relevant regulations.

 

4.                  The Secretary of State considers that it was open to you to appeal against Mrs XXX’s decision at that time, but he notes that you did not lodge an appeal with the Appointed Person until 5 July 1999, under the revised appeal procedure of the 1997 regulations.  The Secretary of State notes that where an individual considers he has a claim or grievance, the law requires him to pursue it with reasonable diligence.  You have given no explanation as to why you have waited five years before lodging an appeal and the Secretary of State takes the view therefore that you have not pursued this matter with reasonable diligence.  He concludes that he cannot reasonably give consideration to your complaint so long after the original act or omission giving rise to it.  Nevertheless, the Secretary of State has examined the facts of your case and he considers, like the Appointed Person, that the service correctly applied the relevant regulations.  The Secretary of State also notes that you refer to two other cases; however, comparison with other cases is not in itself a deciding factor, as facts in individual cases may not be identical in all material respects.

 

5.                  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).

 

6.                  The Pensions Ombudsman may investigate and determine any complaint of maladministration or any dispute of fact or law in relation to the local government pension scheme.  His address is 11 Belgrave Road, London, SW1V 1RB (telephone number 0207 834 9144).