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Dept for Work and Pensions

Answer

Mr. Hancock: To ask the Secretary of State for Work and Pensions if he will strengthen the powers of the pensions ombudsman to take action against providers of pension schemes when he finds evidence of malpractice or poor service; and if he will make a statement. [202751] Malcolm Wicks: The pensions ombudsman is an independent statutory commissioner. His powers are quite wide ranging. He can investigate complaints of injustice caused by maladministration and disputes of fact or law brought by members of occupational pension schemes, and their spouses and dependants, against trustees, managers or administrators of those schemes or employers. He may direct any person responsible for the management of the scheme to take or refrain from taking such steps as are specified in his determination. His determination is final and binding and is enforceable in a county court as if it was a judgement or order of the court. The pensions ombudsman can also investigate complaints of injustice from members of personal pension schemes, who have suffered as a result of maladministration carried out by people responsible for provisions in the scheme's administration. The Pensions Act 2004 further strengthens the pensions ombudsman's powers by ensuring that where the management or administration of the scheme is outsourced, those with such responsibility should be subject to the pensions ombudsman's jurisdiction. This provision will come into force shortly. This will enable him to deal with complaints or disputes relating to "one off" acts of administration. An example of this would be an insurance company carrying out a single act, e.g. calculating a transfer value for an insurance policy.

Secondary information

Type

Written question

Reference

202751; 428 c378W

Session

2004-05

Subjects

Complaints Maladministration Workplace pensions Pensions Pensions Ombudsman

Link

View this Written question on www.publications.parliament.uk