Local Government Pension Scheme · CAS-69263-M4B9

CAS-69263-M4B9

Ombudsman’s Determination Applicant Miss Y

Scheme Local Government Pension Scheme (the Scheme)

Respondent South Yorkshire Pensions Authority (the Administrator)

Outcome

Complaint summary

Background information, including submissions from the parties The sequence of events is not in dispute, so I have only set out the salient points. I acknowledge there were other exchanges of information between all the parties.

The Scheme is governed by the Local Government Pension Scheme Regulations 2013 (the Regulations).

Miss Y wrote to the Administrator and requested that her sister receive her ongoing pension upon her death. On 3 April 2020, Miss Y discovered that the Administrator had rejected this request. She complained about this to the Administrator, but it did not uphold her complaint.

The Regulations

Under Regulation 48, a member can nominate their child or children to receive their pension upon their death. 1 CAS-69263-M4B9 Summary of Miss Y’s position

Summary of the Administrator’s position

Adjudicator’s Opinion

There is no provision within the Regulations or relevant legislation that provides for an increased pension to be paid to a Scheme member in recognition of the fact that no partner or children’s pensions would be payable in the event of their death. Nor is there is any legislative provision granting the Administrator discretionary powers to pay an additional benefit to a Scheme member in these circumstances. 2 CAS-69263-M4B9

Miss Y did not accept the Adjudicator’s Opinion and the complaint was passed to me to consider. Miss Y provided further comments and documents, which I have considered, but which do not change the outcome. I agree with the Adjudicator’s Opinion.

Miss Y’s additional comments Miss Y has stated that:-

Miss Y has also stated that she is not sure whether the Pensions Ombudsman has the jurisdiction and terms of reference to resolve her complaint. She asked for detailed clarification regarding this.

Miss Y has also stated that she wrote a letter to Queen Elizabeth II (the Queen) dated 31 January 2022, and produced a document regarding the PSED. She asked the Queen to confirm the powers of the Pensions Ombudsman and consider her complaint about the Regulations being discriminatory but did not receive a response.

3 CAS-69263-M4B9 Ombudsman’s decision 20. The role of the Administrator is solely to administer the Scheme in keeping with the Regulations. The Administrator did so, and I am satisfied that the Regulations have been followed correctly. Miss Y's complaint is essentially that the Administrator refused to act contrary to the Regulations. As the Administrator did not do so and the Regulations have been followed, there is no basis upon which I can uphold this complaint, as there has been no maladministration.

21. I agree with the Adjudicator's view that in administering the Regulations, the Administrator did not discriminate against Miss Y. Discrimination occurs when one person is treated less favourably than another in the same category. Miss Y has compared her treatment to the treatment of those in a different category to herself. This is because she is a legally single person with no children or dependants, as defined under the Regulations. Accordingly, her being treated differently to those outside this category does not amount to discrimination and I do not agree that the Regulations are discriminatory.

22. I understand that Miss Y was dissatisfied with the Administrator's refusal to contravene or alter the Regulations to provide her with her stated objective of having her pension paid to her sister upon her death. However, Miss Y had a responsibility, upon joining the Scheme, to study the Regulations and assess whether the Scheme was suitable for her personal circumstances. The Administrator cannot be held responsible for difficulties she experienced as a result of her failure to do so. Similarly, I cannot comment on the administration of other pension schemes, as it does not affect my assessment of whether there was maladministration in the handling of the Scheme.

23. I understand that Miss Y also seeks clarification about how to take her complaint further. She stated that she specifically asked the Ministry of Housing, Communities & Local Government, now called the Department for Levelling Up, Housing and Communities (DLUHC), to look into her complaint that the Regulations are discriminatory. She stated that in its response to this, DLUHC informed her that the relevant legislation was last reformed in 2014 and the Government would not act on her complaint. So, she has already been informed that the body with the authority to change the relevant legislation will not do so and I do not have the authority to change the legislation.

24. I do not uphold Miss Y’s complaint.

Anthony Arter

Pensions Ombudsman 30 December 2022

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