How to avoid the Pensions Ombudsman

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How to avoid the Pensions Ombudsman

• Act fairly
• Provide accurate information
• Act in accordance with
• The General Law
• The Rules of the particular Scheme

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Communicating with members

• Comply with legal requirements
• Provide accurate and adequate information
• Avoid delays and communicate within any time
  limit
• Carefully notify of changes to scheme
• Take the recipients viewpoint
• Trustees should take responsibility

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Quotations and Transfer Requests

• Comply with statutory requirements
• Avoid or explain delays
• Keep adequate records
• Accurate information
• Estimate or guaranteed quote?

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Running the Scheme

• Know your own scheme
• And the relevant legal requirements
• Keep full records
• Including details about members who have left
• Take appropriate actuarial, legal and investment
  advice
• Monitor performance

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Duties and Standards in decision-making

• Know what the Scheme Rules say
• Is decision mandatory or does it involve
  discretion
• Who has power to make decision
• Employer or Trustee?
• Can the power be delegated?
• Follow correct principles
• Use of Guidelines
• Specialist advice?

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Administrative Principles in decision-making

• Ensure that decision is made by properly
  authorised person
• Has decision maker all necessary information?
• Keep people informed
• Give reasons for the decision
• Implement the decision

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Ill health retirement

• Understand test in Scheme Rules
• Identify what decision needs to be made
• Understand role of medical practitioner
• Be prepared to act urgently if circumstances
  require

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Death Benefits

• What do Scheme Rules Say
• Is Proposed Beneficiary within a specified class?
• Obtain necessary information
• Consider nomination forms
• Exercise discretion properly
• Have reasons for the decision
• Need to act sensitively

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Complaints Handling

• Identify Complaint
• And desired action
• Informal Resolution?
• IDRP
• Provide redress for maladministration
• Learn lessons

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Codes of Practice

• Similar status to the Highway Code
• Not automatically critical if Code not followed
• Provide an explanation for departure

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