The Local Government Pension Scheme (Internal Dispute Resolution Procedure) Regulations 1997

Explanatory Note

(This note is not part of the Regulations)

These regulations amend Part J of the Local Government Pension Scheme Regulations 1995, “Determinations and Appeals”, with effect from 6th April 1997 to comply with section 50 of the Pensions Act 1995 which requires the Local Government Pension Scheme (“the Scheme”) to have arrangements for the resolution of disputes between prospective members, members, deferred pensioners, pensioners and their widows, widowers and dependants on the one hand (“the complainant”) and the Scheme managers on the other (“the respondent”).

Regulation 2 of these regulations introduces new regulations J5 to J11 in place of the existing regulation J5 dealing with appeals to the Secretary of State. A matter involving a disagreement relating to the Scheme may be referred first by a complainant to a person appointed by the appropriate administering authority. If the complainant is still dissatisfied with the appointed person’s decision, he may apply to the Secretary of State for a decision. A respondent may also appeal to the Secretary of State. The new regulations comply with the requirements of the Occupational Pension Schemes (Internal Dispute Resolution Procedures) Regulations 1996 (S.I. 1996/1270) in connection with time limits and other procedural matters.

Regulations 3, 4 and 5 contain consequential amendments.

Regulation 6 contains transitional provisions in connection with appeals commenced before 6th April 1997.