Dáil Éireann Debate, Wednesday - 18 June 2014
94. Deputy Stephen S. Donnelly asked the Minister for Social Protection if she will confirm that the Pensions Board has a statutory obligation to ensure that trustees of a pension scheme falling within its remit comply with the rules of the scheme trust deed and that a complaint of failure by trustees to do so is a matter for the Pensions Board (details supplied); and if she will make a statement on the matter. [26330/14]
View answerYou will appreciate that it would not be appropriate for me to comment on issues arising in a particular pension scheme or any individual complaint.
The Pensions Act makes provision for the resolution of disputes arising from the operation of occupational pension schemes. Problems in relation to schemes can arise due to:
A breach of enabling legislation, other than the Pensions Act,
A breach of undertakings by the employer,
A breach of the Pensions Act,
A breach of the rules of the scheme.
The Pensions Authority does not have power to deal with the first two instances.
However, any matters relating to compliance with the provisions of the Pensions Act can be referred to the Pensions Authority for investigation. Complaints appropriate to the Pensions Authority will be investigated by the Pensions Authority where there is evidence that a breach of the Pensions Act has occurred and the extent of such a breach.
This responsibility does not extend to the supervision of the trust deed or scheme rules. Remedies exist within trust law for any breach of the trust deed. A breach of the rules of the scheme resulting in a loss for the member would typically be handled by the Pensions Ombudsman. Pension schemes are required to establish internal procedures for the resolution of disputes. These procedures must be exhausted before a complaint can be referred to the Pensions Ombudsman for investigation.
