Local Government Pension Scheme (PO-7384)

Ombudsman’s Determination

Outcome

I do not uphold Mr D’s complaint and no further action is required by GYPA.

My reasons for reaching this decision are explained in more detail below.

Complaint summary

Mr D’s complaint is summarised as follows:

• Mr D says GYPA have refused to allow him to join the LGPS. Mr D says when he asked to join the LGPS he was still an employee. He says at no time did he agree to give up his right to join the LGPS and he was not advised that his right to join had been removed.
• GYPA say Mr D has never had a legal or contractual right to join or (switch to) the LGPS. GYPA say under the LGPS rules, their admission agreement and a May 2007 deed of variation, Mr D does not have a legal right to join the LGPS. They say the offer he was given to join the LGPS was a one-off opportunity.