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The Occupational Pension Schemes (Internal Dispute Resolution Procedures Consequential and Miscellaneous Amendments) Regulations 2008

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2.—(1) When the trustees or managers of an occupational pension scheme receive (or, as the case may be, the specified person(1) receives) an application under the relevant procedure, they must as soon as is reasonably practicable—

(a)inform the applicant that TPAS (the Pensions Advisory Service)(2) is available to assist members and beneficiaries of the scheme in connection with any difficulty with the scheme, and

(b)give the applicant the contact details for TPAS.

(2) For the purposes of paragraph (1), the relevant procedure is a procedure for the application for the resolution of a pension dispute under section 50(4) of the Act (procedure for resolution of a pensions dispute).

(3) For the purposes of paragraph (1), “member” has the meaning given to it in section 124(1)(3) and 125(4) of the Act (interpretation of Part 1 and supplementary), and “members” is to be construed accordingly.

(4) When the trustees or managers of an occupational pension scheme notify the applicant of their decision on the matters in dispute in accordance with section 50(5)(b) of the Act (dispute resolution arrangements – duties of trustees or managers), the notification shall include—

(a)a statement that the Pensions Ombudsman appointed under section 145(2) of the Pension Schemes Act 1993(4) may investigate and determine any complaint or dispute of fact or law, in relation to a scheme, made or referred in accordance with that Act, and

(b)the Pensions Ombudsman’s contact details.

(1)

“Specified person” is a term used in section 50(4A) of the Pensions Act 1995. Subsection (4A) is inserted by section 273 of the 2004 Act.

(2)

The Pensions Advisory Service Limited is a company limited by guarantee under the Companies Act 1985 (c.6); registered number 2459671.

(3)

Section 124(1) was amended by paragraph 61 of Schedule 12 to the Welfare Reform and Pensions Act 1999 (c.30)

(4)

Section 145(2) was amended by section 274(1) of the 2004 Act.

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