C1C2C3Part I Occupational pensions

Annotations:
Modifications etc. (not altering text)
C3

Pt. I: Pensions Act 2004 (c.35), Pt. 3 construed as one with Pt. I of this Act (4.12.2005 for specified purposes, 30.12.2005 in so far as not already in force) by Pensions Act 2004 (c. 35), ss. 233, 322(1) (with s. 313); S.I. 2005/3331, art. 2(1)(a)(b), Sch. Pt. 1

Resolution of disputes

50BF1The dispute resolution procedure

1

The procedure provided for by the dispute resolution arrangements in pursuance of section 50(4) must (in accordance with section 50(6)) include the following provision.

2

The procedure must provide that an application for the resolution of a pension dispute under section 50(4) may be made or continued on behalf of a person who is a party to the dispute mentioned in section 50(3)(a)(ii)—

a

where the person dies, by his personal representative,

b

where 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, and

c

in any other case, by a representative nominated by him.

3

The procedure—

a

must include provision requiring an application to which subsection (3A) applies to be made by the end of such reasonable period as is specified;

b

may include provision about the time limits for making such other applications for the resolution of pension disputes as are specified.

3A

This subsection applies to—

a

any application by a person with an interest in a scheme as mentioned in section 50A(1)(e), and

b

any application by a person with an interest in a scheme as mentioned in section 50A(1)(f) who is claiming to be such a person as is mentioned in section 50A(1)(e).

4

The procedure must include provision about—

a

the manner in which an application for the resolution of a pension dispute is to be made,

b

the particulars which must be included in such an application, and

c

the manner in which any decisions required in relation to such an application are to be reached and given.

4A

The provision made under subsection (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.

5

The 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 section 50(9)(a) or (b), the resolution of the dispute under the procedure ceases.