Our Ref: LGR85/18/

27 July 1998

392          INDEX

 

LOCAL GOVERNMENT PENSION APPEAL

 

LOCAL GOVERNMENT PENSION SCHEME REGULATIONS 1997 (“the 1997 regulations”)

 

1. I refer to your letter of 20 July 1998 (which you faxed to this office on 20 July), on behalf of Mr XXX, to the Secretary of State for the Environment, Transport and the Regions, to Miss XXX’s letter of 21 July and the papers faxed to us on 22 July 1998 by XXX.  You asked the Secretary of State to reconsider the Appointed Person’s decision that the “planned overtime” and the “standby payments” should count as pensionable pay.

 

2.  The Secretary of State can only reconsider a disagreement if an application is made to him within six months of the date of the Appointed Person’s determination (regulation 102(7) of the 1997 regulations).  He has no power or discretion to extend the six month period in which an appeal may be made to him. The Secretary of State notes that the Appointed Person issued her decision on 20 January 1998.  He takes the view that for an application to be made within six months the last day it could have been made is 19 July 1998.  He notes that your letter is dated 20 July 1998 and concludes that your appeal on behalf of Mr XXX is out of time.  The Secretary of State has no powers therefore reconsider the disagreement.

 

3. This completes the second stage of the Internal Dispute Resolution Procedure.  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).

 

4. 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).

 

5. Copies of this letter has been sent to the Appointed Person and to XXX.