Independent Dispute Resolution Procedures

Overview

  • An IDRP may be a one-stage process or a two-stage process

  • In a one-stage process decisions are taken by the trustees.

  • In a two-stage process a specified person, such as the pensions manager, takes the first stage decision and there is an appeal to the trustees at a second stage.

Who can complain?

  • Persons with an “interest in the scheme” may bring an IDRP complaint including members, surviving spouses and dependants, prospective members and personal representative of the member. 

What complaints are covered?

  • The IDRP process covers complaints between the trustees and eligible complainants as described above.

Employer complaints

  • Disputes between scheme members and employers are outside of the IDRP process.

Ombudsman role

  • Members cannot bring a formal complaint or dispute to the Pensions Ombudsman unless and until they have gone through the scheme’s IDRP.

  • The Ombudsman will not investigate complaints which are being addressed under the IDRP unless a final decision has been reached or there is no real prospect of a decision being made within a reasonable period and he considers it reasonable to deal with the matter.

What must the IDRP cover?

  • The IDRP must include provision for the manner in which an application for the resolution of a pension dispute is made and what information must be given in the application.

  • The IDRP must also set out the manner in which any decisions required about the IDRP application are to be reached.

  • There is, therefore, some flexibility for trustees to design the IDRP process in a way that best suits the scheme.

  • However, there is a statutory requirement for applicants to be provided with information about the Money and Pensions Service when the IDRP application is received.

  • Applicants must also be given contact details of the Ombudsman when being notified of the IDRP decision. 

Informing members of the IDRP

  • Trustees must give the postal or electronic address and job title of the person to contact in order to access the IDRP.    

Time limit for complaints

  • Trustees may specify a time limit within which complaints may be made

  • They must specify a reasonable period for applications to be made by a person who has ceased to have in interest in the scheme.

  • The Regulator’s Code of Practice states that such a time limit should be set as six months but trustees may agree to accept complaints outside the time limit.

Time limit for decisions

  • Decisions must be reached and notified to applicants within a reasonable period.

  • The Regulator’s Code of Practice states that the decision-maker will be expected to determine disputes within four calendar months of receiving the application.

  • Where the IDPR is a two-stage process the time limit will apply to each stage.

  • Applicants should be notified of the IDRP decision within 15 working days after the decision has been reached.

Recording decisions 

  • The IDPR decision should be recorded in the minutes of the trustee meeting or in a written letter from the Pensions Manager taking the decision.

Reasons for Decisions   

  • The Ombudsman has indicated that he believes trustees should give reasons for the decisions taken as part of the IDRP process

Dispute Resolution

  • Since 2018 the Ombudsman has operated an early resolution service for simpler types of disputes which can be used before the IDRP process.

Pension Regulator

  • The Pensions Regulator may impose a fine of up to £5k on individual trustees or £50k for corporate trustees if they fail to implement an IDRP in accordance with legal requirements.