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The Internal ProcedureThe normal process for complaints relating to pensions matters is to discuss the complaint with the Pensions Trust Manager and/or his staff first. IBM Pension Services department - Tel: 023-9256 8164
If you do not get a satisfactory answer, then you may invoke the Internal Dispute Resolution Procedure (IDRP). This is a 2 stage process with each stage taking no more than 2 months. For more details please see IDRP.
OPASAt any stage members and beneficiaries of occupational pension schemes who have problems concerning their scheme, which are not satisfied by the information or explanation given by the administrators or the trustee, can consult with the Occupational Advisory Service (OPAS). OPAS is available to assist members and beneficiaries of pension schemes in connection with any difficulty with their scheme which remains unresolved. They do not have any legal enforcement powers. A local advisor can usually be contacted through a Citizen's Advice Bureau. Alternatively, OPAS can be contacted at 11 Belgrave Road, London, SW1V 1RB, Tel: 020 72338080 The Pensions OmbudsmanThe Pensions Ombudsman may investigate and determine any complaint or dispute or fact or law in relation to a sheme made or referred in accordance with the provisions of the Pension Shemes Act 1993. Before reaching the Ombudsman, complaints are usually discussed with the Occupational Pensions Advisory Scheme (OPAS). The complaints against IBM are supported by OPAS. That means OPAS thinks that the Ombudsman should investigate. It does not say that OPAS necessarily expects the Ombudsman to find anything untoward. (Complaints can be taken to the Ombudsman without OPAS support but one would expect such cases to have a lower chance of being upheld.) "The Ombudsman has investigative powers, which are intended to level the playing field as between complainant and respondent. He is able to raise his own lines of argument and is assisted by lawyers and other pension specialists who are fully familiar with the complexities of pension scheme rules, legislation and case law." When we say "The Ombudsman" we usually mean the Ombudsman and 22 staff and 8 advisers. That office deals with around 3000 enquiries a year of which 700 or so are suitable for investigation. So the Ombudsman won't have much direct involvement in some of them, although we reckon the IBM case is significant enough to get him involved. The Pensions Ombudsman can be contacted at: 11 Belgrave Road, London, SW1V 1RB, Tel: 020 78349144 Occupational Pensions Regulatory AuthorityThe Occupational Pensions Regulatory Authority (OPRA) was set up by Parliament under the Pensions Act 1995 to help make sure that occupational pension schemes are run safely and properly. OPRA investigates and can take action where there are breaches of the Pensions Act that could put at risk the security of occupational pension schemes. It has a wide range of statutory powers and sanctions including: prohibiting and disqualifying pension scheme trustees; imposing fines; appointing new trustees to pension schemes in difficulty; authorising criminal prosecutions; and referring cases to the police and other prosecuting authorities.
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