From the day you join the scheme various decisions are being made about your pension. These include things like:
- The benefits you can have and how much they will be.
- When your benefits can be paid.
When you (this includes dependants) are told of a decision you should check, as far as you can, that it is based on the correct details and that you agree with the decision. If you don’t agree with a decision that is made and you can’t resolve it informally, you can use the Internal Dispute Resolution Procedure. Read on for further information.
Informal enquiry
Many issues are caused by misunderstandings, incorrect information or human error. In most cases, these can be quickly corrected or explained by contacting the person who has made the decision you are disputing. Their contact details will be on the communication you have received.
If the decision has been made by the North Yorkshire Pension Fund, please telephone 01609 536335 or email pensions@northyorks.gov.uk quoting your name, date of birth, National Insurance number and a brief description of the problem. We will try to deal with the problem as quickly and simply as possible.
You don’t have to do this but, an informal enquiry may save you a lot of time and trouble and, if an error has been made it will be dealt with as quickly as possible. Most problems that members have can be resolved in this way.
If you are still unhappy you may be able to use what is known as the Internal Dispute Resolution Procedure (IDRP) to make a complaint.
The IDRP is for disputing pension decisions only
For example, whether you are entitled to immediate payment of pension benefits (including ill health).
If your dispute relates to an employment decision, for example, you have been dismissed, you should contact your employer and ask about their employment appeals process.
Who can use the Internal Dispute Resolution Procedure (IDRP)?
You can use the IDRP if you are one of the following or have been in the last six months:
- A Member: this means you are paying into the fund, have a pension being paid, have a deferred pension, or refund entitlement with us.
- A dependant: a widow, widower, civil partner, cohabiting partner or an eligible child.
- A prospective member: you are not a member yet but could become one if you opt to join.
How does the Internal Dispute Resolution Procedure work?
The IDRP has 2 stages with many complaints sorted out at stage 1.
You can ask somebody else to deal with the complaint for you. This could be a trade union official, welfare officer, spouse, partner or friend.
You will not be charged for using the North Yorkshire Pension Fund’s IDRP, but you will have to meet the cost of any postage or stationery that you use or your representative’s time.
Stage 1 - Making a formal complaint
If you need to make a formal complaint, you should:
- Complete the Stage 1 Internal Dispute Resolution form. You should add specific details about what you are disputing and include any documentation that supports your case.
- Make the complaint within six months of when you were told of the decision you want to complain about.
Your complaint will be looked at carefully by North Yorkshire Pension Fund’s (NYPF) adjudicator.
The adjudicator will look at the facts of your complaint along with the Scheme rules and any other relevant information. You should get a reply within two months, giving details of the decision or confirming when you will receive a decision.
What happens next?
The decision letter from the adjudicator will tell you what should happen next, there are two likely outcomes:
- The original decision is upheld and therefore it will continue to apply. You can choose to escalate your complaint to the second stage of the IDRP.
Or
- Some or all of the decision is incorrect. The adjudicator will write to you giving details of further actions that need to be taken. The actions will be followed up by either your employer or the NYPF (depending on who the complaint is against). If you are still unhappy with the decision, you can escalate your complaint to the second stage of the IDRP.
Stage 2 - Taking your complaint further
If you are unhappy with the adjudicator’s decision you can take your complaint to stage 2. You must do this within six months of receiving the stage 1 decision.
You should send your stage 2 appeal in writing to the North Yorkshire Pension Fund (NYPF) along with a copy of the stage 1 decision and full details of why you are unhappy with it.
Your complaint will be looked at again by the appointed person for stage 2 who will not have been involved at stage 1.
You can also go straight to stage 2 if:
- you have gone through stage 1 and have had an interim reply but no decision. In this case you must appeal within seven months of the expected decision date.
- you have gone through stage 1 and have not had a decision or an interim reply. In this case you must appeal within nine months from the date you raised your stage 1 dispute.
What happens next?
You should get a decision letter from the appointed person within two months, giving details of the decision or confirming when you will receive a decision.
The letter will tell you that either:
- The original decision is upheld and therefore it will continue to apply. You can choose to escalate your complaint to the Pensions Ombudsman.
Or
- Some or all of the decision is incorrect. The appointed person will write to you giving details of further actions that need to be taken. The actions will be followed up by either your employer or the NYPF (depending on who the complaint is against). If you are still unhappy with the decision, you can escalate your complaint to the Pensions Ombudsman.
The Pensions Ombudsman and the Money and Pensions Service
If you are not happy with the decision at stage 2 you can take your complaint to the Pensions Ombudsman (TPO) free of charge for a formal adjudication. This must be within three years of when the event you are complaining about happened, or, if later, within three years of when you first knew about it (or ought to have known about it).
TPO is an independent organisation who settles disputes between pension scheme members and pension schemes. There is no financial limit on the amount of money that TPO can make a party award you. Its determinations are legally binding on all the parties and are enforceable in court.
You can write to TPO to request a formal adjudication but you must first have been through stages 1 and 2 of the IDRP.
You can contact TPO at:
The Pensions Ombudsman
10 South Colonnade
Canary Wharf
E14 4PU
Phone: 0800 917 4487
Email: enquiries@pensions-ombudsman.org.uk
Website: www.pensions-ombudsman.org.uk
You can also submit a complaint online: www.pensions-ombudsman.org.uk/making-complaint
If you have general requests for information or guidance concerning your pension arrangements, contact the free government MoneyHelper service which is provided by the Money and Pensions Service.
Telephone: 0800 011 3797
Website: https://moneyhelper.org.uk
Webchat: https://www.moneyhelper.org.uk/PensionsChat
Contact the North Yorkshire Pension Fund
You can contact the Fund via our Contact Us page, or in the following ways:
Email: pensions@northyorks.gov.uk
Telephone: 01609 536335
In writing:
North Yorkshire Pension Fund
County Hall
Northallerton
North Yorkshire
DL7 8AL