The following Pensions practice note provides comprehensive and up to date legal information covering:
THIS PRACTICE NOTE APPLIES IN RELATION TO OCCUPATIONAL PENSION SCHEMES
The legal framework for an occupational pension scheme’s internal dispute resolution procedure (IDRP) is set out in:
sections 50, 50A and 50B of the Pensions Act 1995 (PA 1995), and
the Occupational Pension Schemes (Internal Dispute Resolution Procedure Consequential and Miscellaneous Amendments) Regulations 2008, SI 2008/649
The Pensions Regulator has also issued a Code of Practice on dispute resolution.
Pension scheme trustees have a duty to establish, run and manage a scheme’s IDRP. The IDRP enables scheme members, or those with an interest in the scheme, to challenge decisions, acts or omissions relating to their scheme benefits or the pension scheme.
Individuals considered to have an interest in the pension scheme include those who have ceased, or claim to have ceased, to be a member or beneficiary of the scheme, or a prospective scheme member. This includes widows, widowers and surviving dependants.
Complaints relating to the employer are outside the scope of the IDRP process.
Scheme members and those with an interest in the scheme can only make a complaint to the Pensions Ombudsman under the Pensions Ombudsman’s normal adjudication service after they have completed the scheme’s IDRP. However, as the Pensions Ombudsman now offers an early resolution service in addition to its normal adjudication service (as a result of the transfer of The Pensions Advisory Service’s
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