http://www.legislation.gov.uk/nisi/2005/255/part/VI/crossheading/pension-disputesThe Pensions (Northern Ireland) Order 2005texttext/xmlenStatute Law Database2024-12-20Expert Participation2024-11-18 PART VIOCCUPATIONAL AND PERSONAL PENSION SCHEMES: MISCELLANEOUS PROVISIONS<Emphasis>Pension disputes</Emphasis>Resolution of disputes250For Article 50 of the 1995 Order (resolution of disputes) substitute—Requirement for dispute resolution arrangements501The trustees or managers of an occupational pension scheme must secure that dispute resolution arrangements complying with the requirements of this Article are made and implemented.2Dispute resolution arrangements are arrangements for the resolution of pension disputes.3For this purpose a pension dispute is a dispute which—ais between—ithe trustees or managers of a scheme, andiione or more persons with an interest in the scheme (see Article 50A),bis about matters relating to the scheme, andcis not an exempted dispute (see paragraph (9)).4The dispute resolution arrangements must provide a procedure—afor any of the parties to the dispute mentioned in paragraph (3)(a)(ii) to make an application for a decision to be taken on the matters in dispute ( “an application for the resolution of a pension dispute”), andbfor the trustees or managers to take that decision.4AThe dispute resolution arrangements may make provision for securing that an application for the resolution of a pension dispute may not be made to the trustees or managers unless—athe matters in dispute have been previously referred to a person of a description specified in the arrangements (“the specified person”) in order for him to consider those matters, andbthe specified person has given his decision on those matters,and for enabling the specified person's decision to be confirmed or replaced by the decision taken by the trustees or managers on the application, after reconsidering those matters.5Where an application for the resolution of a pension dispute is made in accordance with the dispute resolution arrangements, the trustees or managers must—atake the decision required on the matters in dispute within a reasonable period of the receipt of the application by them, andbnotify the applicant of the decision within a reasonable period of it having been taken.5AIn a case where a reference is made to the specified person in accordance with provision made under paragraph (4A), paragraph (5) applies in relation to the specified person as it applies in relation to the trustees or managers in a case where an application for the resolution of a pension dispute is made to them.6The procedure provided for by the dispute resolution arrangements in pursuance of paragraph (4) must include the provision required by Article 50B.7Dispute resolution arrangements under paragraph (1) must, in the case of existing schemes, have effect on and after the date of the coming into operation of this Article in relation to applications made on or after that date.8This Article does not apply in relation to an occupational pension scheme if—aevery member of the scheme is a trustee of the scheme,bthe scheme has no more than one member, orcthe scheme is of a prescribed description.9For the purposes of this Article a dispute is an exempted dispute if—aproceedings in respect of it have been commenced in any court or tribunal,bthe Pensions Ombudsman has commenced an investigation in respect of it as a result of a complaint made or a dispute referred to him, orcit is of a prescribed description.10If, in the case of an occupational pension scheme, the dispute resolution arrangements required by this Article to be made—ahave not been made, orbare not being implemented,Article 10 applies to any of the trustees or managers who have failed to take all reasonable steps to secure that such arrangements are made or implemented.Meaning of “person with an interest in the scheme”50A1For the purposes of Article 50 a person is a person with an interest in an occupational pension scheme if—ahe is a member of the scheme,bhe is a widow, widower, surviving civil partner or surviving dependant of a deceased member of the scheme,che is a surviving non-dependant beneficiary of a deceased member of the scheme,dhe is a prospective member of the scheme,ehe has ceased to be within any of the categories of persons referred to in sub-paragraphs (a) to (d), orfhe claims to be such a person as is mentioned in sub-paragraphs (a) to (e) and the dispute relates to whether he is such a person.2In paragraph (1)(c) a “non-dependant beneficiary”, in relation to a deceased member of an occupational pension scheme, means a person who, on the death of the member, is entitled to the payment of benefits under the scheme.3In paragraph (1)(d) a “prospective member” means any person who, under the terms of his contract of service or the rules of the scheme—ais able, at his own option, to become a member of the scheme,bwill become so able if he continues in the same employment for a sufficiently long period,cwill be admitted to the scheme automatically unless he makes an election not to become a member, ordmay be admitted to it subject to the consent of his employer.The dispute resolution procedure50B1The procedure provided for by the dispute resolution arrangements in pursuance of Article 50(4) must (in accordance with Article 50(6)) include the following provision.2The procedure must provide that an application for the resolution of a pension dispute under Article 50(4) may be made or continued on behalf of a person who is a party to the dispute mentioned in Article 50(3)(a)(ii)—awhere the person dies, by his personal representative,bwhere the person is a minor or is otherwise incapable of acting for himself, by a member of his family or some other person suitable to represent him, andcin any other case, by a representative nominated by him.3The procedure—amust include provision requiring an application to which paragraph (3A) applies to be made by the end of such reasonable period as is specified;bmay include provision about the time limits for making such other applications for the resolution of pension disputes as are specified.3AThis paragraph applies to—aany application by a person with an interest in a scheme as mentioned in Article 50A(1)(e), andbany application by a person with an interest in a scheme as mentioned in Article 50A(1)(f) who is claiming to be such a person as is mentioned in Article 50A(1)(e).4The procedure must include provision about—athe manner in which an application for the resolution of a pension dispute is to be made,bthe particulars which must be included in such an application, andcthe manner in which any decisions required in relation to such an application are to be reached and given.4AThe provision made under paragraph (4)(c) may include provision for decisions of the trustees or managers to be taken on their behalf by one or more of their number.5The procedure must provide that if, after an application for the resolution of a pension dispute has been made, the dispute becomes an exempted dispute within the meaning of Article 50(9)(a) or (b), the resolution of the dispute under the procedure ceases. .SR 2005/434Words in art. 250 (in para. (1) of newly substituted art. 50 of Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))) inserted (11.2.2008) by Pensions Act (Northern Ireland) 2008 (c. 1), s. 14(1)(2)Words in art. 250 (in para. (2) of newly substituted art. 50 of Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))) substituted (11.2.2008) by Pensions Act (Northern Ireland) 2008 (c. 1), s. 14(1)(3)Words in art. 250 (inserting para. (4A) to newly substituted art. 50 of Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))) inserted (11.2.2008) by Pensions Act (Northern Ireland) 2008 (c. 1), s. 14(1)(4)Words in art. 250 (inserting para. (5A) to newly substituted art. 50 of Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))) inserted (11.2.2008) by Pensions Act (Northern Ireland) 2008 (c. 1), s. 14(1)(5)Words in art. 250 (in para. (6) of newly substituted art. 50 of Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))) substituted (11.2.2008) by Pensions Act (Northern Ireland) 2008 (c. 1), s. 14(1)(6)Words in art. 250 (in para. (1) of new art. 50B of Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))) substituted (11.2.2008) by Pensions Act (Northern Ireland) 2008 (c. 1), s. 14(1)(7)Words in art. 250 (substituting para. (3) of new art. 50B of Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))) substituted (11.2.2008) by Pensions Act (Northern Ireland) 2008 (c. 1), s. 14(1)(8)Words in art. 250 (in para. (4)(c) of new art. 50B of Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))) inserted (11.2.2008) by Pensions Act (Northern Ireland) 2008 (c. 1), s. 14(1)(9)Words in art. 250 (inserting para. (4A) to new art. 50B of Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))) inserted (11.2.2008) by Pensions Act (Northern Ireland) 2008 (c. 1), s. 14(1)(10)Art. 250 wholly in operation at 6.4.2008; art. 250 not in operation at date of making see art. 1(2); art. 250 in operation for certain purposes at 12.3.2008 and in operation at 6.4.2008 for all other purposes by S.R. 2008/104, art. 2