Who is your dispute with?
Your first task is to determine who is the party responsible for
resolving your dispute. This might not always be clear as the
responsible party may not be the one you are communicating
with.
Most occupational pension
schemes are set up under trust with trustees responsible for
providing the benefits. Public sector schemes,
on the other hand, are subject to regulations laid down by the
government. These schemes do not have trustees - they are run by
bodies such as Teachers' Pensions and the NHS Pensions Agency,
referred to here as 'scheme authorities'.
In many cases your dispute will be with the trustees or scheme
authorities. Alternatively it might be with the employer or another
party involved in the scheme such as an administrator, actuary,
adviser or insurance company. It may not be obvious who is at fault
- if you are unclear how to proceed you can seek our advice at any
stage.
First steps
Having determined the body responsible for resolving your
problem, write to them in clear and concise terms. Avoid incidental
and irrelevant information and try to adopt a nonaggressive
approach. You may be justifi ably angry about how you have been
treated but your main objective should now be the resolution of the
dispute and this is more likely in a calm and considered
atmosphere.
You may feel that communicating by telephone will speed up the
process. If so, you should always make a written record of the
conversation and it is best to follow it up with a letter. We often
fi nd the parties involved have very different recollections of the
conversation.
Further action
Hopefully it will be possible to resolve your dispute without
the need to take it further. If not, you have two options.
First we will try to resolve a dispute by mediation or
conciliation. This is done through one of our advisers whose first
task is to gather as much information as possible from the
complainant and all other parties involved.
If, after reviewing the information, it is believed that you do
not have a sustainable case, you will be advised and an explanation
will be given as to why this decision was reached. If it is
believed that you do have a case, however weak, you will be
assisted in reaching a satisfactory conclusion. However, this may
result in a compromise and a negotiated settlement. You should
remember that whatever the outcome, you still retain the right to
take your case to the Pensions Ombudsman, as long as the
dispute is within his jurisdiction.
Second, take action through the courts or an employment tribunal
(as appropriate). If you are considering this possibility we
recommend initially you seek advice from your local Citizens
Advice Bureau as there may be time limits and there will
certainly be costs involved.
Our service and that of the Pensions Ombudsman are free. If your
dispute or complaint involves the trustees or scheme authorities
there is a process you can use to help resolve matters. This is
known as the internal dispute
resolution procedure (IDRP).
Disputes with employers
If your dispute is with your employer it might relate to your
job rather than the provisions of the pension scheme. If the
problem relates to your terms and conditions of employment rather
than your pension scheme entitlements it is unlikely we will be
able to help you. Often it is unclear into which category a dispute
falls. If you are unsure you should write to us for advice.
For advice and assistance on employment disputes you should
contact an appropriate legal expert, though this may be expensive.
Alternatively, if you are a member of a trade union, your union
representative may be able to help you. You may wish initially to
contact your local Citizens Advice Bureau. It may be able to
either offer free legal advice or put you in touch with other
organisations providing
either free or subsidised advice.
Where we do get involved, we will take matters up directly with
the employer. Ultimately you will have the right to refer the
matter to the Pensions Ombudsman, provided the
dispute concerns a pension matter and not an employment issue.
Disputes with other parties
As well as the trustees and the employer there might be several
other parties involved in the operation of an occupational pension
scheme. It may be that your dispute is with such a party. An
example might be where an incorrect benefi t statement was issued
by the scheme administrator or insurance company.
Most other parties involved, such as administrator, actuary, auditor, investment
manager, will be appointed by the trustees or scheme authorities.
It may be, therefore, that they will ask you to raise the dispute
with the trustees or scheme authorities.
We can provide advice and assistance. We will take matters up
with the relevant party. Ultimately you will have the right to
refer the matter to the Pensions Ombudsman. Please note that
the Ombudsman will only be able to take on your case if the party
you are complaining about falls within his jurisdiction.
