Internal Dispute Resolution Procedure (IDRP) Guide

Many problems 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 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.

You can use the IDRP if you are one of the following or have been in the last six months:

• A Member: this means that you are paying into the fund, have a pension in payment, 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.

The IDRP has 2 stages with many complaints resolved at stage 1.

You can ask somebody else to deal with the complaint for you. This could be a trade union official,  a welfare officer, your spouse or partner or a friend.

There’s no charge for using the IDRP, but you may need to cover any costs such as postage, stationery, or the time of anyone who is supporting you

If you need to make a formal complaint;

• Please complete the Stage 1 Internal Dispute Resolution form or you can request a paper copy from the NYPF. Please include clear details about what you are disputing and include any documentation that supports your case.
• You must raise your complaint within six months of the date you were told about the decision you want to challenge.

Your complaint will be looked at carefully by NYPF’s independent referee who is known as the ‘nominated person’.

The nominated person will consider the the facts of your complaint, the Scheme rules, and any other relevant information. You should receive  a reply within two months, either giving you the decision or letting you know when you can expect it.

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 -This means the decision will stay as it is. If you’re still unhappy, you can choose to take your complaint to Stage 2 of the IDRP.

Or

• Some or all of the decision is changed.- The nominated person will explain what needs to happen next. These actions will be carried out by either your employer or NYPF, depending on who made the original decision. If you’re still not satisfied after this, you can also choose to move your complaint to Stage 2 of the IDRP.

You can take your complaint to Stage 2 if:

• You disagree with the Stage 1 decision

You have six months from the date of the Stage 1 decision to submit your Stage 2 appeal.

• You received an interim reply at Stage 1 but no final decision

You have seven months from the date you should have received the Stage 1 decision to make your Stage 2 appeal.

• You haven’t received an interim reply or a decision at all

You have nine months from the date you first raised your Stage 1 complaint to appeal to Stage 2.

You should send your Stage 2 appeal via email or in writing to the NYPF along with a copy of the Stage 1 decision and full details of why you are unhappy with it.

Your complaint will be reviewed again by the appointed person for Stage 2 who will not have been involved in your case at Stage 1.

What happens next?

You should receive a decision letter from the appointed person within two months, giving details of the decision or confirming when you can expect it.

The letter will tell you that either:

• The original decision is upheld - This means the decision remains the same. If you’re still unhappy, you can choose to take your complaint to the Pensions Ombudsman.

Or

• Some or all of the decision is changed - The appointed person will explain what needs to happen next. These actions will then be carried out by either your employer or NYPF, depending on who made the original decision. If you still feel the matter hasn’t been resolved, you can escalate your complaint to the Pensions Ombudsman.

If you are not happy with the Stage 2 decision, you can take your complaint to the Pensions Ombudsman (TPO). This service is free and TPO will carry out an independent and formal review of your case. You must do this within three years of the event you’re complaining about, or, if later, within three years of when you first became aware of the issue.

TPO is a completely independent organisation that helps resolve disputes between pension scheme members and pension schemes. There is no financial limit on the amount TPO can award, and its decisions are legally binding on everyone involved and can be enforced in court.

If you want TPO to look at your complaint, you’ll need to write to them directly, but only after you’ve completed both Stage 1 and Stage 2 of the IDRP process.

You can contact TPO at:

The Pensions Ombudsman
10 South Colonnade
Canary Wharf
E14 4PU

Phone: 0800 917 4487 -10.00am to 2.00pm Monday to Friday
Email: enquiries@pensions-ombudsman.org.uk
Website: www.pensions-ombudsman.org.uk

LiveChat is available through the website from 9.00am to 10.00am and from 2.00pm to 5.00pm Monday to Friday.

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

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