financial loss because of maladministration in
relation to such a scheme
What does the Pensions Ombudsman do?
The Pensions Ombudsman investigates and
decides upon certain complaints and disputes
from individuals about their Occupational Pension
Schemes [link], Personal Retirement Savings
Accounts (PRSAs) [link] and certain Trust
Retirement Annuity Contracts (RACs)[link]. Once
he has finished his investigation, he will issue his
legally binding decision in a Final Determination,
which is sent to all parties to the complaint.
The services of the Pensions Ombudsman are
free and available to everyone. For further
information see his website –
www.pensionsombudsman.ie
Who is the Pensions Ombudsman?
Paul Kenny was appointed as Ireland’s first
Pensions Ombudsman in 2003 and was reappointed to the role in 2009. The Office of the
Pensions Ombudsman was set up under the
Pensions Act, 1990, as amended by the Pensions
(Amendment) Act, 2002 and regulations made by
Ministerial Orders.
Who can complain?
Any person can make a complaint to the Pensions
Ombudsman if they are an actual or potential
beneficiary of an Occupational Pension Scheme,
a Trust RAC or a PRSA. That means, a member
or another person who may be entitled to benefit
from such a scheme. They are entitled to
complain if they believe they have suffered
What is Maladministration?
It’s hard to define exactly, but it could include:
 Something done, that should not have
been done;
 Something not done, that should have
been done;
 Information that was not complete or
accurate;
 Calculations that were wrong;
 Late payment of benefits;
 Unfairness or discrimination
This list is not complete – anything that is
wrong or unfair could be maladministration
Occupational Pension Scheme
When an employer sets up and receives Revenue
Approval for a pension scheme for the benefit of
their employees, this is known as an Occupational
Pension Scheme. These are set up under Trust
with the employee members as the beneficiaries
and the appointed trustees as the legal owners
and guardians of the assets.
State Pensions (Contributory and NonContributory) are NOT occupational pension
schemes.
PRSA
A Personal Retirement Savings Account (PRSA)
is a contract between an individual and a PRSA
provider to fund for and provide retirement
benefits. The PRSA contributor is the owner of
the PRSA assets.
Trust RAC
Trust RACs, or Retirement Annuity Contracts
under trust, are schemes set up under trusts, to
provide retirement benefits for groups of selfemployed people. They are designed to cater for
the majority of those engaged in a particular trade
or profession.
What can be investigated?
The Pensions Ombudsman can investigate:
A complaint made by or on behalf of an actual or
potential beneficiary of an Occupational Pension
Scheme, a PRSA or a Trust RAC, who alleges
that they have suffered financial loss because of
maladministration. The Pensions Ombudsman
can also investigate if there is disagreement about
a matter of fact or a legal dispute in relation to
these schemes.
Are there time-limits for bringing a complaint
or dispute?
Yes, the matter must be referred to the Pensions
Ombudsman within 6 years from the date of the
act or event giving rise to the complaint or dispute
or, if later, 3 years from the date on which you
were aware – or ought to have been aware – of
the problem.
The Pensions Ombudsman may examine certain
matters that fall outside these time-limits;
however, he is not allowed to look at any event
that occurred before13th April 1996.
What must I do before I make a complaint?
Under the Pensions Act, all pension schemes and
PRSAs must operate an Internal Disputes
Resolution (IDR) procedure. This is where you
bring your complaint in the first place. The
complaint will be considered by the Scheme
trustees or PRSA providers who will have set up
their own complaint handling processes under the
IDR framework. If you work in the Public Service,
you may have to send your complaint to a
Government Minister – check with your employer.
Generally, the Pensions Ombudsman cannot,
investigate a complaint or dispute until the matter
has gone through the IDR procedure and a formal
decision has been given.
If you are unhappy with the outcome of this
process, you can then take your complaint to the
Pensions Ombudsman. The same applies if the
person you complained against fails to implement
any agreed decision that came out of the IDR
process.
How do I make a complaint?
If your complaint or dispute is one that the
Pensions Ombudsman can consider, write to him
using the official complaint form and give a brief
summary of your complaint or dispute. If the
Pensions Ombudsman decides to investigate, you
will then be given the opportunity to set out your
views in greater detail.
Enclose all relevant documents and
correspondence (copies will do) including any you
have received from your pension scheme or
employer or administrator. Be sure to enclose
details of the outcome of the IDR process.
Please note that complaints by telephone cannot
be accepted.
You may get someone else to write on your behalf
(e.g. a solicitor, accountant, trade union
representative or advisor) so long as they have
your written authority to represent you. However,
if you employ a professional person you will be
responsible for costs, as the Pensions
Ombudsman does not have power to award
costs.
Is there an official Complaint Form?
Yes. The official Complaint Form, which you must
use, is available directly from the Office of the
Pensions Ombudsman, or from his website, at:
www.pensionsombudsman.ie.
A completed and signed official Complaint Form is
required before a complaint can be considered.
What cannot be investigated?
The Pensions Ombudsman cannot investigate:
A complaint or dispute where court action
has already begun.
If a complaint is brought to court after the
Pensions Ombudsman receives it, he
cannot investigate unless the action is
“stayed” (suspended) by the court. That
can happen only if the case has not gone
very far. Ask your legal adviser for advice
if you are in doubt.
A complaint or dispute about a State
Pension – i.e. pensions administered by
the Department of Social Protection
A complaint or dispute about whether a
scheme is complying with the
requirements of the Revenue
Commissioners or with the Pensions Act,
or other issues concerned with the general
running of the scheme.
The Pensions Ombudsman cannot make any
findings of fact about failure to comply with the
Pensions Act, or any matters that are the concern
of other Statutory Authorities.
The Office of the Pensions Ombudsman
36 Upper Mount Street,
Dublin 2
Phone (01) 647 1650
Fax
(01) 676 9577
Email: [email protected]
Website: www.pensionsombudsman.ie