Forms and templates for employers

The LGPS requires employers to take an active role in administering the scheme on behalf of scheme members, your employees.

Formal complaints procedure for employers

Overview

The Internal Dispute Resolution Procedure (IDRP) is the formal complaints process for the Local Government Pension Scheme (LGPS). It is set out in the LGPS Regulations 2013 and provides a statutory route for reviewing pension related decisions.

The IDRP allows decisions to be reconsidered fairly, consistently and impartially before a case is escalated to the Pensions Ombudsman.

When IDRP applies

A scheme member (or their representative) can use the IDRP where they are dissatisfied with:

  • a decision made about pension benefits
  • a failure or unreasonable delay in making a decision

Decisions may be made either by:

  • the employer
  • Oxfordshire Pension Fund

It is important to identify who made the original decision, as this determines who is responsible for dealing with the IDRP at stage 1.

Employer decisions may include:

  • scheme eligibility
  • pensionable pay or final pay
  • contribution rates
  • illhealth retirement decisions
  • use of employer discretions

Oxfordshire Pension Fund decisions may include:

  • entitlement to pension benefits
  • calculation of benefits
  • payment of death grants
  • transfers and aggregations

Who can use the IDRP

The IDRP is available to anyone who is:

  • an active, deferred or pensioner member
  • a prospective scheme member
  • a dependant (including spouse, civil partner, cohabiting partner or child)
  • a representative acting on behalf of the above

Employer and fund responsibilities

Where a member is unhappy with a decision, informal resolution should always be encouraged first. Many issues arise from misunderstandings or incorrect information.

The IDRP process at a glance

The IDRP has two formal stages, each with statutory timescales.

Stage 1 – Review of the original decision

The application must usually be submitted within six months of the decision.

An adjudicator who had no involvement in the original decision reviews the case.

If the decision was made by the employer, the employer must:

  • appoint a suitable adjudicator
  • investigate the case
  • issue all required correspondence
  • meet statutory timescales

The adjudicator must:

  • review the facts and evidence
  • check the correct application of LGPS regulations
  • ensure procedures were followed fairly
  • issue a formal stage 1 decision letter

Possible outcomes:

  • upheld
  • partially upheld
  • not upheld

The stage 1 decision replaces the original decision (except where employer discretions apply).

Stage 2 – Further review

A stage 2 application may be made if:

  • the applicant is unhappy with the stage 1 decision
  • a decision or interim response was not issued on time

Stage 2:

  • is handled by Oxfordshire Pension Fund
  • reviews both:
    • the original decision
    • how the stage 1 review was carried out

A formal stage 2 decision letter is issued.

After the IDRP

Once stage 2 is complete, the IDRP process ends.

The applicant can ask for help and advice from MoneyHelper at any time during the IDRP process. If the applicant remains dissatisfied after stage 2 is complete, they can ask MoneyHelper to help resolve their complaint. If MoneyHelper believes the complaint is justified, they will try to resolve the problem through:

  • conciliation
  • mediation

MoneyHelper cannot force a pension scheme to take a particular action. If a resolution cannot be reached, the applicant can then refer the matter to The Pensions Ombudsman.

The Pensions Ombudsman (TPO) is an independent body with the power to:

  • investigate disputes and maladministration
  • overturn decisions
  • award compensation for distress, inconvenience or wasted time

Employers and the fund cannot reconsider a case once stage 2 is complete.

Special considerations for employers

Employer discretions

  • employers must have published discretionary policies
  • decisions must follow those policies and LGPS regulations

IDRP adjudicators cannot overturn discretionary decisions - only the Ombudsman or the High Court can

Illhealth cases

  • must be based on evidence from an independent registered medical practitioner (IRMP)
  • cost must never influence the decision
  • reviews must focus strictly on the regulations and medical evidence

Employer best practice

To ensure compliance and reduce escalation:

  • resolve issues informally wherever possible
  • keep discretionary policies up to date
  • appoint trained, impartial adjudicators
  • meet all statutory timescales
  • provide clear, wellreasoned decision letters
  • share copies of all IDRP correspondence with Oxfordshire Pension Fund

Support and contacts

This guidance is for information only. Employers must always refer to: