When you become a member of the Local Government Pension Scheme multiple decisions are made in respect of your membership. Some decisions are made by your employer or former employer, whilst some are made by the administration authority for the Clwyd Pension Fund which is Flintshire County Council.
It is advised that if you are notified of a decision, that you should check with the decision maker that it has firstly been based on the correct information. When notified of a decision, contact details will be provided so you can query any uncertainties and be provided with details of the rights of appeal under the LGPS regulations.
I wish to make an appeal, what should I do?
Often a problem can be resolved quickly by contacting the decision maker directly. Whether this is your employer or the Clwyd Pension Fund, the decision may have evolved from incorrect information being used or an initial misunderstanding.
Both scenarios can therefore be explained and easily amended by contacting the decision maker by telephone or in writing. Many problems are resolved this way, so please bear this in mind as it may save you time.
What is Internal Dispute Resolution Procedure (IDRP)?
If an agreement cannot be made between the applicant and the decision maker, within the LGPS Regulations 2013, Regulations 72 to 79 detail the formal dispute procedure known as the IDRP.
The process is split into two stages, if you are unhappy with a decision following Stage 1, or a decision has not been made in reasonable time under the dispute rules, you have the right to have it looked at afresh via stage 2 appeal.
Who can submit an IDRP disagreement?
A disagreement can be submitted by the following people: (i) widows, (ii) widowers, (iii) surviving civil partners, (iv) surviving cohabiting partners, (v) dependants of a deceased member, (vi) prospective members, (vii) former members
What can be appealed?
Administration Authority Decisions
- The person’s previous employment,
- Additional periods as membership,
- Crediting additional annual pension.
- The amount pensionable benefits,
- Any return of contributions.
Employer’s First Instance Decisions
- Eligibility for membership,
- Pensionable pay or final pay,
- Contribution rate (employee’s)
- Entitlement to benefit on termination of - Entitlement to early release of pension
- Decisions under Regulation 72(4) “A person's Scheme employer must decide any question concerning any other matter relating to the person's rights or liabilities under the Scheme.”
If your appeal does not fall under any of the criteria noted, you will not be entitled to appeal via the IDRP. You cannot appeal just because you are unhappy with a decision. You must clearly state why you feel that you meet the regulatory criteria or that new evidence should be considered.