National Federation of
Voluntary Service Providers’
Pension & Life Assurance Scheme
Internal Dispute Resolution Procedures
INTERNAL DISPUTE RESOLUTION PROCEDURES
Dear Member
It is hoped, and expected, that the vast majority
of issues and queries raised by the members
about the National Federation of Voluntary Service
Providers’ Pension & Life Assurance Scheme
(the Scheme) will be resolved in an informal
manner. However, in case there is an issue which
cannot be resolved informally, the following
Internal Dispute Resolution (IDR) Procedures
can help resolve the issue in an equitable and
straightforward manner.
All pension schemes must have an Internal
Dispute Resolution (IDR) Procedure, under the
Pensions Act (as amended).
The purpose of having an IDR is to give people,
who believe they may have suffered financial loss
as a result of mal-administration of the Scheme,
a way to raise the issue formally with the Trustees.
This IDR involves a number of prescribed steps:
1. You submit a written note to the Trustees
setting out your details and a statement on
the nature and grounds for the complaint,
with supporting documentation (if any).
2. The Trustees can (but do not have to) appoint
an Investigator to examine the issue and
provide a written report.
3. The Trustees consider the complaint, any
other relevant details, and, if applicable, the
Investigator’s report.
4. The Trustees then make a decision and notify
you of their decision. The decision must be
made and notified within 3 months of the
Trustees receiving the complaint.
5. If you are not satisfied with the decision you
can refer the matter to the Financial Services
and Pensions Ombudsman.
If you have any queries about the Internal Dispute
Resolution please contact us at:
National Federation of Voluntary Service
Providers’ Pension & Life Assurance Scheme,
Oranmore Business Park,
Oranmore,
Galway
Telephone: 091 792 316
Email: [email protected]
John McHugo
Chairman, National Federation of Voluntary
Service Providers’ Pension & Life
Assurance Scheme
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1. Denitions and interpretation
In these Procedures the following words and
expressions have the following meanings:-
(a) “Complaint” is a complaint made by, or on
behalf of, a Person who alleges that he has
sustained financial loss due to an act of
maladministration carried out by or on behalf
of a person responsible for the management
of the Scheme.
(b) “Dependant”, means a surviving spouse or
dependant of a Person within the meaning of
the Scheme rules or an individual who claims
to be such an individual.
(c) “Dispute” is a dispute of fact or law, referred
by a Person, that arises in relation to an
act or omission by or on behalf of a person
responsible for the management of the Scheme.
It does not include a dispute of fact or law
relating to a matter which may be determined
by the Pensions Authority or by the Director of
Equality Investigations or in respect of which
there are proceedings before any court.
(d) “Investigator”, means such person as the
Trustees may from time to time appoint to
undertake the responsibilities detailed in
Procedure 4.
(e) “Issue” means a complaint or dispute
concerning a Person’s Scheme benefits.
(f) “Pensions Act”, means the Pensions Act, 1990
(as amended).
(g) “Financial Services and Pensions Ombudsman”
means the Financial Services and Pensions
Ombudsman appointed under the Financial
Services and Pensions Ombudsman Act 2017.
(h) “Person”, means any of the following who may
apply to have an Issue resolved under these
Procedures, namely;
(i) an active, deferred or pensioner member of
the Scheme;
(ii) a surviving spouse, civil partner or
dependant of a deceased member of
the Scheme;
(iii) a prospective member of the Scheme;
(iv) a personal representative of a deceased
member of the Scheme or a surviving
spouse or civil partner of a deceased
member of the Scheme;
(v) a person who claims to fall in to one of
the above categories;
(vi) any other person permitted by the
Pensions Act.
(i) “Scheme”, means the occupational retirement
benefits scheme established under trust, to
which the Issue refers.
(j) “Trustees”, means the Trustee or Trustees of
the Scheme for the time being and from time
to time.
2. Status of Procedures
(a) These Procedures are the formal arrangements
put in place by the Trustees (as required by the
Pensions Act) to resolve any Issues concerning
the Scheme.
(b) The Pensions Act prevails if there is any conflict
between these Procedures and the Pensions
Act.
(c) These Procedures do not impose any
requirements on the parties to the Issue over
and above any Pensions Act requirements.
To the extent that these Procedures do so,
they shall be construed as being subject to
the relevant provisions of the Pensions Act
which will prevail.
(d) Any or all of these Procedures may be
amended, extended, revoked or replaced from
time to time by the Trustees. Such changes will
take effect from such date as is specified by
the Trustees.
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(e) Irish Law applies to these Procedures.
(f) The masculine gender includes the feminine
(and neuter except where the context clearly
requires otherwise) and the singular number
includes the plural and vice versa.
(g) The headings and captions in these Procedures
are inserted for ease of reference only and are
not a part of the Procedures, and do not affect
their construction or interpretation.
3. Issue
(a) A Person may refer an Issue to the Trustees for
their decision, under these Procedures.
(b) The Person’s complaint must be in writing and
signed by or on his behalf. It must set out the
particulars of the Issue, in respect of which a
decision is sought, including:-
(i) the full name, address, and date of
birth of the Person. If the Person is
a dependant of a member or deceased
member of the Scheme, he must also
provide the full name, address and date
of birth of that member or deceased
member;
(ii) the address to which documents in
connection with this issue are to be sent;
(iii) a statement by the Person as to the
nature of the Issue containing sufficient
details to show the reason and grounds
for the Issue;
(iv) any documentation supporting the
Person’s case.
(c) The Person must furnish such other information
as the Trustees may reasonably require to
enable them to carry out their functions under
these Procedures.
4. Investigator
(a) Where an Issue is referred to the Trustees for
a decision in accordance with Procedure 3,
the Trustees may appoint an Investigator to
examine and investigate the Issue and to report
on it to the Trustees. The Trustees shall (where
applicable) advise the Person of this.
(b) The Investigator is entitled to act as such even
if he has or may have some interest or duty
which conflicts or may conflict with his duties
under these Procedures, provided he discloses
the potentially conflicting interest or duty to the
Trustees beforehand.
(c) The Investigator must prepare a written report,
setting out the relevant details on which the
report is made and any conclusions reached
by the Investigator. The report must be given to
the Trustees within two calendar months of the
Investigator’s appointment, or within such other
time period as may be agreed or required by
the Trustees.
(d) If the Investigator fails to make a written report
within the required timeframe, the Investigator’s
appointment shall automatically cease and the
Trustees shall proceed to make a decision in
accordance with these Procedures.
(e) If the Trustees, in their sole and absolute
discretion, decide it is necessary, they may
remove the Investigator from his position, with
effect from the date of such a decision. The
Trustees shall inform the Investigator and the
Person of their decision and shall proceed
to make a decision in accordance with these
Procedures. The Trustees may proceed to
make a decision even if the Investigator and
the Person have not been informed of the
Investigator’s removal from his position, if they
deem it necessary to ensure a decision is made
within the timeframe specified in Procedure 5
(d).
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5. Decision of Trustees
(a) The Trustees shall consider the Person’s
complaint and, where applicable, the
Investigator’s report.
(b) The Trustees may make such other or further
enquiries about the Issue as they may
reasonably require, in order to make a decision
on the Issue.
(c) The Trustees shall then make a decision in
relation to the Issue.
(d) The decision shall be notified to the Person
in writing within three months from the date,
as determined by the Trustees, on which all
the particulars referred to in Procedure 3 are
received by the Trustees.
(e) The written notification of the Trustees’
decision shall include:
(i) a statement as to what has been decided;
(ii) a reference to any legislation, legal
precedent, ruling of the Pensions
Authority, ruling or practice of the
Revenue Commissioners relied upon;
(iii) a reference to any other material relied upon;
(iv) a reference to any part of the trust and
rules of the Scheme relied on;
(v) where a discretion has been exercised,
a reference to the relevant clause or rule
of the Scheme conferring such discretion;
(vi) a statement that the decision is not
binding upon any party unless the Person
agrees, in writing, to be bound by it; and
(vii) a statement that the Financial Services and
Pensions Ombudsman may have jurisdiction
and that further information can be obtained
from the Financial Services and Pensions
Ombudsman, together with details of his
contact address.
(f) The decision of the Trustees shall be final
and conclusive for the purposes of these
Procedures.
(g) If the Person is not satisfied with the decision
of the Trustees with respect to the Issue, he
may refer the matter to the Financial Services
and Pensions Ombudsman.
6. Representatives
(a) A Person may nominate a representative to act
on his behalf to make or continue a complaint
under these Procedures. If a Person dies, a
complaint may be made or continued by his
personal representative. If a Person is under
18 years of age or is incapable of acting, a
complaint may be made or continued by a
member of his family or some other suitable
person.
(b) Where a representative is acting on behalf
of the Person, the particulars required under
Procedure 3 must include the representative’s
full name and address and must state whether
this address is to be the address to which
documents are to be sent.
(c) Where a representative has been nominated,
he will be sent a copy of any document sent
to the Person including a copy of any written
decision reached under these Procedures.
7. Arbitration Acts
The Trustees are not arbitrators and the provisions
of the Arbitration Act, 2010 and any other relevant
legislation do not apply to the Trustees or their
decisions under these Procedures.
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8. Costs and Expenses
Any costs and expenses of a Person in respect
of an Issue referred for a decision under these
Procedures shall be borne by the Person.
Any costs and expenses of the Trustees in
respect of an Issue referred for a decision under
these Procedures, including any fees, costs and
expenses of an Investigator, shall be borne by
the sponsoring employer of the Scheme.
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National Federation of Voluntary Service
Providers’ Pension & Life Assurance Scheme
Oranmore Business Park
Oranmore
Galway
Telephone: 091 792 316
Email: [email protected]
Website: www.fedvol.ie
303117 V2.09.20
