Dáil Éireann Debate, Wednesday - 28 September 2022
124. Deputy Bríd Smith asked the Minister for Public Expenditure and Reform if he will clarify recent changes, if any, to the rights and procedures of retired civil and public sector workers to take cases to the pensions ombudsman; the rationale for these changes; if representative organisations were consulted ahead of the changes; and if he will make a statement on the matter. [47496/22]
View answerUnder the Financial Services and Pensions Ombudsman Act 2017 (“the 2017 Act”), a ‘complainant’, which includes a beneficiary or potential beneficiary of an occupational pension scheme, may make a complaint to the Financial Services and Pensions Ombudsman (FSPO), subject to the criteria set out under that Act.
I understand that one such requirement is that a complainant must first engage with their pension/financial service provider’s Internal Dispute Resolution Process (“IDRP”) and give their provider a reasonable opportunity to deal with the complaint.
The procedures and requirements set out in the 2017 Act apply in the same way to civil and public servants as they do beneficiaries and potential beneficiaries of private pension arrangements.
In the case of civil and public service occupational pension schemes, pension scheme rules and/or governing legislation often provide for a dispute resolution mechanism, also known as a ‘pension appeal’. In respect of the civil service occupational pension schemes for which I have responsibility, the relevant pension scheme rules include a right of appeal to the Minister for Public Expenditure and Reform.
The procedures to be followed in respect of civil service pension appeals are set out in Circular 16/2020: ‘Internal Dispute Resolution (IDR) procedure for pension appeals in relation to beneficiaries/disputed beneficiaries of pre-existing civil service pension schemes and of certain public service pre-existing pension schemes’. These procedures are designed to ensure comprehensive gathering of the information necessary in the evaluation of a complaint under the IDR Process.
A civil or public servant intending to pursue a complaint to the FSPO must first engage in the IDRP / pension appeal process applicable to them, prior to the FSPO accepting the complaint. The requirement for a complainant to complete an IDRP also applies in respect of private pension/financial service providers, prior to the FSPO accepting a complaint.
I understand that the 2017 Act abolished the Office of the Pensions Ombudsman, as well as repealing certain provisions of the Pensions Act 1990 relating to IDRPs. I am not aware of any subsequent changes to the requirements for pursuing complaints to the FSPO, as provided for under the 2017 Act. However, as my colleague, the Minister for Finance, has overall responsibility for that Act, any questions relating to the provisions of that legislation, or to any potential amendments to that legislation, should be directed to the Minister for Finance.
