| Crown Copyright Acknowledged |
| STATUTORY INSTRUMENTS |
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| The Occupational Pension Schemes (Internal Dispute Resolution Procedures Consequential and Miscellaneous Amendments) Regulations 2008 |
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Made
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5th March 2008
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Laid before Parliament
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13th March 2008
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Coming into force
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6th April 2008
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The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 113(1)(d), 181(1) and 182(2) and (3) of the Pension Schemes Act 1993(1) and sections 50(8)(c) and (9)(c), 124(1) and 174(2) and (3) of the Pensions Act 1995(2). |
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In accordance with section 185(1) of the Pension Schemes Act 1993 and section 120(1) of the Pensions Act 1995 the Secretary of State has consulted with such persons as he considers appropriate. |
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(1) |
These Regulations may be cited as the Occupational Pension Schemes (Internal Dispute Resolution Procedures Consequential and Miscellaneous Amendments) Regulations 2008 and shall come into force on 6th April 2008. |
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(2) |
In these Regulations “the Act” means the Pensions Act 1995. |
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(1) |
When the trustees or managers of an occupational pension scheme receive (or, as the case may be, the specified person(3) receives) an application under the relevant procedure, they must as soon as is reasonably practicable— |
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(a) |
inform the applicant that TPAS (the Pensions Advisory Service)(4) is available to assist members and beneficiaries of the scheme in connection with any difficulty with the scheme, and |
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(b) |
give the applicant the contact details for TPAS. |
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(2) |
For the purposes of paragraph (1), the relevant procedure is a procedure for the application for the resolution of a pension dispute under section 50(4) of the Act (procedure for resolution of a pensions dispute). |
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(3) |
For the purposes of paragraph (1), “member” has the meaning given to it in section 124(1)(5) and 125(4) of the Act (interpretation of Part 1 and supplementary), and “members” is to be construed accordingly. |
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(4) |
When the trustees or managers of an occupational pension scheme notify the applicant of their decision on the matters in dispute in accordance with section 50(5)(b) of the Act (dispute resolution arrangements – duties of trustees or managers), the notification shall include— |
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(a) |
a statement that the Pensions Ombudsman appointed under section 145(2) of the Pension Schemes Act 1993(6) may investigate and determine any complaint or dispute of fact or law, in relation to a scheme, made or referred in accordance with that Act, and |
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(b) |
the Pensions Ombudsman’s contact details. |
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| 3- |
Exempted schemes |
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An occupational pension scheme of a description prescribed for the purposes of section 50(8)(c) of the Act (schemes to which section 50 does not apply) is a scheme in relation to which the sole trustee of the scheme is a company and all members of the scheme are directors of that company. |
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Exempted disputes |
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A dispute of a description prescribed for the purposes of section 50(9)(c) of the Act (exempted disputes) is a dispute in respect of which a notice of appeal has been issued by the complainant in accordance with— |
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(a) |
regulation H2 of the Police Pensions Regulations 1987(7) (appeal to board of medical referees); |
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(b) |
rule H2 of Schedule 2 to the Firemen’s Pension Scheme Order 1992(8) (appeal against opinion on a medical issue); |
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(c) |
rule 2 of Part 6 of Schedule 1 to the Firefighters’ Compensation Scheme (Scotland) Order 2006(9) (appeal to medical referee); |
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(d) |
regulation 31 of the Police (Injury Benefit) Regulations 2006(10) (appeal to board of medical referees); |
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(e) |
rule 2 of Part 6 of Schedule 1 to the Firefighters’ Compensation Scheme (England) Order 2006(11) (appeal to medical referee); |
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(f) |
regulation 72 of the Police Pensions Regulations 2006(12) (appeal to board of medical referees); |
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(g) |
rule 4 of Part 8 of Schedule 1 to the Firefighters’ Pension Scheme (England) Order 2006(13) (appeals against decisions based on medical advice); |
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(h) |
regulation 31 of the Police (Injury Benefit) (Scotland) Regulations 2007(14) (appeal to board of medical referees); |
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(i) |
rule 4 of Part 8 of Schedule 1 to the Firefighters’ Pension Scheme (Scotland) Order 2007(15) (appeals against decisions based on medical advice); |
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(j) |
regulation 72 of Part 7 of the Police Pensions (Scotland) Regulations 2007(16) (appeal to board of medical referees); |
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(k) |
rule 4 of Part 8 of Schedule 1 to the Firefighters’ Pension Scheme (Wales) Order 2007(17) (appeals against decisions based on medical advice); or |
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(l) |
rule 2 of Part 6 of Schedule 1 to the Firefighters’ Compensation Scheme (Wales) Order 2007(18) (appeal to medical referee). |
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(1) |
Any disagreement which was ongoing before 6th April 2008 under arrangements made and implemented under section 50(1) of the Act shall continue until the procedure under those arrangements comes to an end, as if the relevant legislative provisions governing those arrangements were still in force. |
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(2) |
For the purposes of paragraph (1), the relevant legislative provisions are— |
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(a) |
section 50 of the Act as it was in force immediately before 6th April 2008; and |
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(b) |
the Occupational Pension Schemes (Internal Dispute Resolution Procedures) Regulations 1996(19). |
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(3) |
In the case of any relevant application, regulation 3 of the Personal and Occupational Pension Schemes (Pensions Ombudsman) Regulations 1996(20) shall apply as it had effect before 6th April 2008. |
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(4) |
For the purposes of paragraph (3), “relevant application” means an application concerning a complaint or dispute made— |
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(a) |
to an occupational pension scheme under the arrangements required by section 50 of the Act; and |
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(b) |
before 6th April 2008. |
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(1) |
In Schedule 1 to the Occupational Pension Schemes (Disclosure of Information) Regulations 1996(21) (basic information about the scheme); |
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(a) |
in paragraph 25, for “section 50(7)” substitute “section 50(8)”; and |
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(b) |
in paragraph 26, for “OPAS” substitute “TPAS” in both places where it occurs. |
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(2) |
In Regulation 3 of the Personal and Occupational Pension Schemes (Pensions Ombudsman) Regulations 1996; |
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(a) |
in paragraph (1), for “the arrangements required by section 50(2)(b)” substitute “section 50(5)(b)”; and |
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(b) |
in paragraph (2), for “section 50(2)(a) or (b)” substitute “section 50(5)(b)”. |
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(3) |
In the Stakeholder Pension Schemes Regulations 2000(22) in the table in Schedule 2 (regulations applying to schemes which are or have been registered under section 2) in the column headed “Statutory Instrument” for “The Occupational Pension Schemes (Internal Dispute Resolution Procedures) Regulations 1996” substitute “The Occupational Pension Schemes (Internal Dispute Resolution Procedures Consequential and Miscellaneous Amendments) Regulations 2008”. |
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Revocation |
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The Occupational Pension Schemes (Internal Dispute Resolution Procedures) Regulations 1996 are revoked. |
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Signed by authority of the Secretary of State for Work and Pensions. |
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5th March 2008 |
Mike O’Brien
Minister of State,
Department for Work and Pensions
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