Our Ref: LGR85/18

12 August 1999

604          INDEX


 

LOCAL GOVERNMENT PENSION APPEAL

 

LOCAL GOVERNMENT PENSION SCHEME REGULATIONS 1997 (the 1997 regulations)

 

1.      I refer to your letter of 31 July 1999 (received in this office on 11 August) 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 Council (the council).  Mr XXX has provided us with a copy of his decision letter dated 30 November 1998.

 

2.      Under regulation 102 of the 1997 regulations an application to the Secretary of State to reconsider a disagreement must be made within 6 months of the date of the Appointed Person’s decision. In your case that meant by 29 May 1999, as the Appointed Person’s letter was issued on 30 November 1999.

 

3.      Your letter of appeal to the Secretary of State was dated 31 July 1999.  This was outside the 6-month period.  The Secretary of State has no powers under the regulation to extend the period.

 

4.      Accordingly the Secretary of State cannot accept your appeal as a valid application for reconsideration of your dispute.

 

5.      This completes the second stage of the internal disputes 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.  Their 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)