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The Local Government Pension Scheme (Administration) Regulations 2008

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Notice of decisions on reconsideration of disagreement

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61.—(1) The appropriate administering authority must give its decision on an application under regulation 60 by notice in writing—

(a)to the applicant; and

(b)if that authority is not the employing authority, to the employing authority,

before the expiry of the period of two months beginning with the date the application was received.

(2) But, if no such notice is given before the expiry of that period, an interim reply must immediately be sent to those parties setting out —

(a)the reasons for the delay; and

(b)an expected date for giving the decision.

(3) A notice under paragraph (1) must include—

(a)a statement of the decision;

(b)in a case where a decision was given under regulation 59, an explanation of whether and, if so, the extent to which that decision is confirmed or replaced;

(c)a reference to any legislation or provisions of the Scheme on which the authority relied;

(d)in a case where the disagreement relates to the exercise of a discretion, a reference to the provisions of the Scheme conferring the discretion;

(e)a statement that the Pensions Advisory Service is available to give assistance in connection with any difficulty with the Scheme which remains unresolved; and

(f)a statement that the Pensions Ombudsman may investigate and determine any complaint or dispute of fact or law in relation to the Scheme made or referred in accordance with the Pension Schemes Act 1993; and

(g)the addresses at which the Pensions Advisory Service and the Pensions Ombudsman may be contacted.

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