Topic / Pensions – Internal Dispute Resolution Procedure
1.Purpose / Scope
The purpose of this document is to provide guidance to members of the Local Government Pension Scheme (LGPS) who have a dispute regarding their pension benefits. It is provided for general information only and is not an interpretation of the scheme regulations. In the event of any unintentional differences, the scheme regulations will prevail.
This document applies to all active, deferred and pensioner members, their widows, widowers and dependants, their nominated representatives and prospective members.
2.Definition
If you are not satisfied with any decision affecting you, made in relation to the Scheme, you have the right to ask for it to be looked at again under the formal complaint procedure.
You also have a right to use the procedure if a decision regarding your pension should have been made by the Authority, but it has not been. The complaint procedure is known as the Internal Dispute Resolution Procedure (IDRP).
The aim of the IDRP is that pension disputes should be resolved internally before progressing to an external, independent consideration by the Pensions Ombudsman. (N.B. If you made a complaint under the procedure before 1 June 2004, it will be dealt with under the arrangements that applied before that date.)
3.Responsibility
Blackpool Council Pensions Section – are responsible for day to day enquiries and will try to resolve any queries through informal channels.
Human Resources and the Pensions Officer – are responsible for advising employees on the procedure and for review following significant changes.
Lancashire Pensions Services – are responsible for dealing with appeals at the second stage, if you are unhappy with the response from the Corporate HR Manager.
The Pensions Ombudsman – will consider your appeal if so requested, if it has been dismissed at the second stage.
Occupational Pensions Advisory Service (OPAS) – can provide free advice and information.
4.Communication and Implementation
This document is available electronically via Blackpool Council’s Intranet and in hard copy from either Human Resources or Payroll teams.
5.Monitoring and Evaluation
The effectiveness of this procedure will be measured actively by recording appeals made and their outcomes. The Corporate HR Manager will review this procedure periodically or following significant changes.
INTERNAL DISPUTE RESOLUTION PROCEDURE
Page1. INFORMAL CHANNELS / 2
2. FIRST STAGE / 2
3. SECOND STAGE / 2
4. ADVICE AND SUPPORT / 3
4.1 Representation / 3
4.2 The Pensions Advisory Service (OPAS) / 3
5. CONTACT DETAILS / 4
6. ADDITIONAL INFORMATION / 4
APPENDIX 1 - APPLICATION UNDER THE INTERNAL DISPUTE RESOLUTION PROCEDURE / 5
APPENDIX 2 - TIME LIMITS UNDER THE INTERNAL DISPUTE RESOLUTION PROCEDURE / 8
1.INFORMAL CHANNELS
1.1Please remember that, before going to the trouble of making a formal appeal, your Pensions Section may welcome the opportunity to try to resolve the matter about which you are dissatisfied in an informal way. It may be worth checking again that they know you are concerned, and why.
2.FIRST STAGE
2.1If you need to make a formal appeal, you should make it:
- In writing (you may use the form in Appendix 1);
- Normally within 6 months of the day when you were told of the decision you want to complain about. (A table showing time limits is in Appendix 2.)
2.2Your appeal will be considered carefully by the Corporate HR Manager, who is the “nominated person”. The decision will be provided to you in writing within 2 months of receipt of your written appeal. The nominated officer may request an extension to this time scale.
2.3If the nominated person's decision is to dismiss your appeal, the Authority will now have to deal with your case in accordance with this decision.
3.SECOND STAGE
3.1You can ask Lancashire Pensions Services to take a fresh look at your complaint in any of the following circumstances:
- You are not satisfied with the nominated person's first stage decision;
- You have not received a decision or an interim letter from the nominated person, and it is 3 months since your lodged your complaint;
- It is one month after the date by which the nominated person told you (in an interim letter) that they would give you a decision, and you have still not received that decision.
- Second Stage appeals must be made within 6 months of the Stage 1 decision.
3.2This review will be undertaken by a person not involved in the first stage decision.
3.3You will need to send Lancashire Pensions Services your complaint in writing. The administering authority will consider your appeal and give you their decision in writing within 2 months of receipt of the appeal.
3.4If you are still unhappy following the administering authority's second stage decision, you can take your case to the Pensions Ombudsman provided you do so within 3 years from the date of the original decision (or lack of a decision) about which you are complaining. You will be given information on how to do this if your appeal is dismissed at the second stage.
4.ADVICE AND SUPPORT
4.1Representation
4.1.1You are entitled to representation at any stage of this procedure, by a person of your choice.
4.2The Pensions Advisory Service (OPAS)
4.2.1At any time if you are having difficulties in sorting out your complaint, you may wish to contact OPAS.
4.2.2OPAS can provide free advice and information to explain your rights and responsibilities. To get information or guidance, you can look at the website ( or you can contact OPAS by phone, post, email or fax.
4.2.3The Pensions Helpline phone number is 0845 6012923 (local call rate) and lines are manned Monday to Friday 9am to 5pm. Outside of these times, you can leave your number and someone will phone back later. You can write to:
OPAS
11 Belgrave Road
London
SW1V 1RB
Email:
Fax: 020 7233 8016
4.2.4If you have received a second-stage decision under the Local Government Pension Scheme internal dispute resolution procedure, are not satisfied with that decision, and still think your complaint is well-founded, OPAS may be able to help to resolve your pensions complaint or dispute. Before asking for OPAS' help in resolving a dispute, you must have already tried to settle it using the LGPS internal disputes resolution procedure described above.
4.2.5An OPAS adviser cannot force a pension scheme to take a particular step but, if they think your complaint is justified, they will try to resolve the problem through conciliation and mediation. OPAS would need copies of all relevant documents, including the correspondence about your complaint under the internal complaints procedure and how it was dealt with.
5.CONTACT DETAILS
First Stage / Corporate HR ManagerWestgate House
Squires Gate Lane
Blackpool
FY4 2TS
Second Stage / Appeals Officer
Lancashire Pensions Services
PO Box 100
County Hall
Preston PR1 0LD
(01772) 534864
6.ADDITIONAL INFORMATION
Internal Dispute Resolution Procedure – A Practitioner’s Guide – issued by LGPS England and Wales.
APPENDIX 1 - APPLICATION UNDER THE INTERNAL DISPUTE RESOLUTION PROCEDURE
Page 1 of form
You can use this form :(a)to apply to the nominated person at stage 1 of the internal dispute resolution procedure if you want them to investigate a complaint concerning your pension; and
(b)to apply to the administering authority if you want them to reconsider a determination made by the nominated person.
1.Member's details
If you are the member (the person who is or was in the Scheme), or a prospective member (a person who is eligible to be a member of the Scheme), please give your details in this box. You can then go straight to box 4.
If you are the member's dependant (for example, their husband, wife or child), please give the member's details in this section, and then go to box 2.
If you are representing the person with the complaint, please give the member's details in this section, and then go to box 2.
Full NameAddress
Date of Birth
Employer
National insurance number
2.Dependant's details
If you are the member's dependant and the complaint is about a benefit for you, please give your details in this box and then go to box 4.
If the complaint is about a benefit for a dependant and you are the dependant's representative, please give the dependant's details in this box and then go to box 3.
Full NameAddress
Date of Birth
Relationship to member
Page 2 of form
3.Representative's details
If you are the member's or dependant's representative, please give your details in this box.
Full NameAddress
The address response letters should be sent to
4.Your complaint
Please give full details of your complaint in this box. Please try to explain exactly why you are unhappy, giving any dates or periods of Scheme membership that you think are relevant.
If there is not enough space, please go on to a separate sheet and attach it to this form. Remember to write your name and national insurance number at the top of any separate sheet if you are a member. Or, if you are not a member, put the member's name and national insurance number at the top of any separate sheet.
Is your complaint at Stage 1 or stage 2? Please tick accordingly.Stage 1 / Stage 2
Details of Complaint
Page 3 of form
5. Your signature
I would like my complaint to be considered and a decision to be made about it. I am a:
- Scheme member/former member/prospective member *
- Dependant of a former member *
- Member's representative/dependant's representative *
Signed : / Date :
6. Pleaseenclose any documentation regarding the decision that you think might be helpful. If you are applying at Stage 2, you should enclose any letters sent to you from Blackpool Council regarding the decision.
PLEASE SEND THIS FORM TO:
Stage 1 / Stage 2Corporate HR Manager
Blackpool Council
Westgate House
Squires Gate Lane
Blackpool
FY4 2TS / Lancashire Pensions Services
PO Box 100
County Hall
Preston
PR1 OLD
APPENDIX 2 - TIME LIMITS UNDER THE INTERNAL DISPUTE RESOLUTION PROCEDURE
Your situation / To complain to / Time LimitYou have received a decision on your benefits under the pension scheme from your employer/administering authority, and there seem to be good grounds for complaining. / Blackpool Council Corporate HR Manager / 6 months from the date when you were notified of the decision [1]
You have received a first stage decision on your complaint from the Corporate HR Manager, but you are not satisfied. / Lancashire Pensions Services / 6 months from the date of the Corporate HR Manager’s decision
You made your complaint in writing to the Corporate HR Manager, with all the information they needed but, 3 months later, you have not received their decision on your complaint or any interim reply. / Lancashire Pensions Services / 9 months from the date when you submitted your complaint.
You received an interim reply to your complaint to the Corporate HR Manager, within 2 months of applying to them. Their reply promised you a decision by a specified date but, one month after the specified date, you still have not received their decision. / Lancashire Pensions Services / 7 months from the date by which you were promised you would receive a decision
Your complaint is that your employer or administering authority have failed to make any decision about your benefits under the pension scheme / Blackpool Council Corporate HR Manager / 6 months from the date when the employer or administering authority should have made the decision[2].
Your complaint went to the administering authority under the second stage of the procedure. You received their decision but you are still not satisfied. / The Pensions Ombudsman. Note that the Ombudsman will normally expect you to have asked OPAS for help first. / 3 years from the date of the original decision about which you are complaining.
You have taken your complaint to Lancashire Pensions Services under the second stage of the procedure but, 2 months after your complaint was received by the authority, you have not received their decision on your complaint or any interim reply. / The Pensions Ombudsman. Note that the Ombudsman will normally expect you to have asked OPAS for help first. / 3 years from the date of the original decision about which you are complaining.
You received an interim reply to your second stage complaint to Lancashire Pensions Services, within 2 months of applying to them. Their reply promised you a decision by a certain date but, by that date, you still have not received their decision / The Pensions Ombudsman.
N.B. the Ombudsman will normally expect you to have asked OPAS for help first. / 3 years from the date of the original decision about which you are complaining.
Directorate / Corporate / Section / Corporate / Ref. Number / DRAFT
Authorised By / Job title / Issue Date
Author / Kirsten Burnett / Job title / HR Development Officer / Revision No
Page 1 of 1
[1] The nominated person can extend the 6 month time limit for a reasonable period where there are special circumstances.
[2] The nominated person can extend the 6 month time limit for a reasonable period where there are special circumstances.