The Local Government Pension Scheme (Administration) Regulations 2008

Reference of disagreement for reconsideration by appropriate administering authority

60.—(1) This regulation applies where an application about a disagreement has been made under regulation 58 and—

(a) notice of a decision has been given under regulation 59(1); or

(b) an interim reply has been sent under regulation 59(2) but no such notice has been given before the expiry of the period of one month beginning with the expected decision date; or

(c) no such notice has been given or interim reply sent before the expiry of the period of three months beginning with the date the application was made.

(2) The applicant under regulation 58 may, before the expiry of the period of six months beginning with the relevant date, make an application to the appropriate administering authority to reconsider the disagreement.

(3) The relevant date is—

(a) in a case falling within paragraph (1)(a), the date of the notice given under regulation 59(1);

(b) in a case falling within paragraph (1)(b), the date with which the period mentioned in that sub-paragraph expires; and

(c) in a case falling within sub-paragraph (1)(c), the date with which the period mentioned in that sub-paragraph expires.

(4) The application must—

(a) set out the applicant’s full name, address and date of birth;

(b) set out details of the grounds on which it is made;

(c) include a statement that the applicant wishes the disagreement to be reconsidered by the appropriate administering authority;

(d) be accompanied by a copy of any written notification under regulation 57; and

(e) be signed by or on behalf of the applicant.

(5) An application by a member or prospective member or a person claiming to be such must also set out his national insurance number (if any) and the name of his employing authority.

(6) An application by any other person must also set out—

(a) his relationship to the member; and

(b) the member’s full name, address, date of birth and national insurance number (if any) and the name of his employing authority.

(7) Where notice of a decision on the disagreement has been given under regulation 59, the application must also—

(a) state why the applicant is dissatisfied with that decision; and

(b) be accompanied by a copy of that notice.

(8) The appropriate administering authority must determine—

(a) the procedure to be followed when exercising its functions under this regulation;

(b) the manner in which those functions are to be exercised.

(9) For the purposes of this regulation, the appropriate administering authority is—

(a) in the case of an applicant who is a member or prospective member, the administering authority which is or was his last appropriate administering authority for the other purposes of these Regulations; and

(b) in the case of an applicant who is the widow, widower or surviving civil partner, nominated cohabiting partner or dependant of a deceased member, the administering authority which was that member’s appropriate administering authority.