The Pensions Advisory Service (TPAS) and the Pensions Ombudsman
play very different roles in the resolution of problems, complaints
and disputes concerning pension plans.
TPAS
TPAS gets involved before the Pensions Ombudsman who is normally
the final arbiter in the matter. TPAS does not have any statutory
powers and can only effect a resolution through persuasion and
conciliation. The Ombudsman on the other hand has similar powers to
a court of law.
TPAS advisers, who are all volunteers and carry out this
service free of charge in their own time, are all pensions experts.
Their first task is to gather as much information as possible from
the complainant and all other parties involved. If our adviser, in
the light of the information available, does not believe you have a
sustainable case, he or she will tell you this, explain why this
conclusion has been reached and return the file to the office for
closing.
No opinion expressed by us is in any way legally binding and you
still have the right to take your case to the Pensions Ombudsman,
as long as it is within his jurisdiction.
If our adviser believes you have a case, he or she will assist
you and the other parties to come to a resolution. Sometimes this
may result in you getting everything you want but often it may
involve a compromise and a negotiated settlement. If, at the end of
our efforts, you are not prepared to accept the outcome, you are
still free to take your case to the Pensions Ombudsman.
The Pensions Ombudsman
If, after investigating your case, the TPAS adviser believes a
referral of your case to the Pensions Ombudsman may be beneficial,
the file will be returned to our office. We will carry out an
independent review of the file and provide an expert second
opinion. While this will usually confirm the view of the adviser,
sometimes the office view will be different. If the office
agrees that there is a case to be determined, they will provide any
assistance you need in presenting your complaint to the Pensions
Ombudsman.
Complaint Procedure
Complaints to the Pensions Ombudsman must be presented on his
official complaint form which we will provide if you do not already
have a copy. If one of the respondents you cite is the scheme
trustees, then the Ombudsman can only investigate after you have
subjected your complaint to the scheme's internal dispute
resolution process. This is a statutory requirement. We can give
you guidance on how to fulfil this requirement.
On receipt of your form, the Ombudsman's office will ask us to
pass over your case file prior to their investigation. The
Ombudsman will reach his own decision on your case based upon his
interpretation of your legal rights. Following his investigation,
the Ombudsman will decide your complaint or dispute. This decision
will be totally independent of any conclusion reached by The
Pensions Advisory Service on your case. His decision is final and
binding on all the parties to the complaint or dispute. It
can be enforced in the courts. His decision can only be changed by
appealing to the appropriate court on a point of law.
Time limit
You should write to the Pensions Ombudsman within three years of
the act or omission that you are complaining about or disputing. If
you did not know about the matter at the time, the three-year limit
runs from the time you knew or ought to have known.
The Pensions Ombudsman may extend the time limit if the
complaint is made outside the three-year period, but only as long
as he thinks that any further delay beyond three years is
reasonable. In particular, he may treat time spent using an
internal dispute resolution procedure and/or being assisted by TPAS
as a good reason for delaying complaining to him. However, if
there is a delay between us closing our file and you lodging a
complaint with the Ombudsman, that time will count towards the
three-year limit.
The onus is on you and not the TPAS adviser to ensure that you
comply with the Ombudsman's time limit. Most of our cases do not
end up with the Ombudsman but if you do think your case could
possibly do so, please make sure you do so within the three-year
time limit. If you have any questions about this, your adviser will
try to guide you.
