The Pensions (Amendment) Act, 2002 established the office of the Ombudsman for Pensions. This Ombudsman has the power to investigate and determine your complaints concerning disputes of fact or law and errors in relation to occupational pension schemes and Personal Retirement Savings Accounts (PRSA). The Ombudsman has the power to give any directions necessary to resolve the complaint or dispute and can give financial compensation (redress) but this cannot exceed the actual loss of benefit under the occupational pension scheme or Personal Retirement Savings Account. The Ombudsman does not have the power to award legal costs. All decisions made by the Ombudsman are binding between the parties subject to a right of appeal by either party to the High Court.
There are certain time limits for bringing cases to the Ombudsman for Pensions:
There is no charge to bring a complaint to the Ombudsman for Pensions.
If you have a complaint or dispute, you should begin by trying to sort it out at a local level with those responsible for the management of the pension scheme or Personal Retirement Savings Account (PRSA).
Where the pension scheme or PRSA has an Internal Disputes Resolution (IDR) procedure, the Pensions Ombudsman cannot as a rule investigate the complaint or dispute unless and until the matter has gone through that procedure and the trustees or managers have issued their notice of decision.
Under the Pensions Act, all pension schemes and PRSAs must operate an IDR procedure. Parties are not bound by recommendations arising out of an IDR procedure.
If the matter has not been resolved to your satisfaction having gone through the IDR procedure, or if the procedure has not been completed within 3 months, you can apply to the Pensions Ombudsman to investigate your complaint.
You should check that your complaint or dispute is one that the Pensions Ombudsman can investigate and that you are eligible to complain. You should then write to the Pensions Ombudsman explaining your complaint or dispute and saying what you think the persons responsible for the management of the pension scheme should do to put matters right.
There is a standard complaints form, approved by the Minister for Social Protection, that you must use. This form is available from the Office of the Pensions Ombudman or from the Pensions Board. You can apply online or download the form here.
You should enclose all relevant documents and correspondence (copies will be sufficient), including any correspondence with your pension scheme, employer or administrator.
Complaints may be made by post or fax. Complaints cannot be made by telephone.
The Pensions Ombudsman has produced a document, What can the Pensions Ombudsman do for You? (pdf) and a Glossary of Pension Terms (pdf).
Verschoyle House
28-30 Lower Mount Street
Dublin 2
Ireland
Tel:+353 (0)1 613 1900
Locall:1890 656 565
Fax:+353 (0)1 631 8602
Homepage: http://www.pensionsboard.ie/
Email: info@pensionsboard.ie
36 Upper Mount Street
Dublin 2
Ireland
Tel:+353 (0)1 647 1650
Fax:+ 353 (0)1 676 9577
Homepage: http://www.pensionsombudsman.ie
Email: info@pensionsombudsman.ie
If you have a question relating to this topic you can contact the Citizens Information Phone Service on 0761 07 4000 (Monday to Friday, 9am to 9pm) or you can visit your local Citizens Information Centre.