Our Ref: LGR85/18/10 244 INDEX
9 December 1997
SUPERANNUATION ACT 1972
LOCAL GOVERNMENT PENSION SCHEME REGULATIONS 1995 (“the 1995 regulations”)
1. I refer to your letters of 9 and 29 September in which you appeal (under regulation J8 of the 1995 regulations) to the Secretary of State for Environment, Transport and the Regions against the decision of Mr XXX, the Appointed Person for XXX Pension Fund (the Fund). The Appointed Person upheld the Fund’s decision not to allow you to convert your local government annual pension to a lump sum payment.
2. The question for determination by the Secretary of State is whether your annual pension can be converted to a lump sum payment under the 1995 regulations.
3. The Secretary of State has considered all the representations and evidence. Copies of all the documents supplied by the Appointed Person have been sent to you and are listed in the annex to this letter.
4. Secretary of State’s determination: The Secretary of State having taken into account the appropriate regulations, finds that there are no provisions under the 1995 regulations to convert your annual pension to a lump sum payment. His decision confirms that made by the Appointed Person. The Secretary of State’s reasons and the regulations which he considers apply in your case are set out in the annex to this letter, which forms an integral part of the determination. He is acting judicially and has no power to modify the application of the regulations to the facts of the case. Having made his determination he has no power to alter it unless instructed to in a judgement by the High Court. Because of this officials may not discuss the case further.
5.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).
6. The Pensions Ombudsman may investigate and determine any complaint or dispute of fact or law in relation to the local government pension scheme. His address is 11 Belgrave Road, London, SW1V 1RB (telephone number 0171 834 9144).
EVIDENCE RECEIVED
1. The following evidence has been received and taken into account:
a. from Mr XXX: letters dated 9 and 29 September 1997; and
b. from the Appointed Person: letter dated 10 October 1997 with enclosures.
REGULATIONS CONSIDERED AND REASONS FOR DECISION
2. From the evidence submitted the following relevant points have been noted:
a. you were employed by XXX City Council until your retirement on 3 July 1987 on ill-health grounds (it is noted that in Mr XXX’s letter of 4 September this date is shown incorrectly as 3 July 1997); and
b. you were awarded a pension of £1,523.80 per annum and a lump sum payment of £4,571.38.
3. The Secretary of State in reaching his decision has had regard to the regulations, which, in his view, apply. Where the annual amount of the pension is less than £195 then the Fund may convert the pension to a lump sum payment under the provisions of Regulation H5 of the 1995 regulations. The Secretary of State notes that your annual pension is £1,523.80. As this exceeds £195 the Fund cannot convert the annual pension to a lump sum payment.