University of Limerick Internal Superannuation Dispute Resolution Procedures
Rules for Internal Superannuation Dispute Resolution Procedures in respect of the University Of Limerick Superannuation Scheme, 1982 and the University Spouses or Civil Partners & Children’s Scheme, 1986 (Pensions Authority number PB43782).
Preamble
In accordance with the Pensions Ombudsman Regulations 2003 (S.I.. No. 397/2003), article 5, the University of Limerick has established these Rules to provide procedures for Internal Dispute Resolution (IDR) in relation to certain complaints or disputes. The Rules relate to the University Of Limerick Superannuation Scheme 1982 and the University Spouses or Civil Partners & Children’s Scheme 1984 (the Scheme). They provide for the dispute to be considered in the first instance within the University and, where unresolved, for the dispute to be then considered by the Higher Education Authority (HEA) whose determination shall be subject to the agreement of the Minister for Education and Skills and the Minister for Public Expenditure and Reform. A dispute is required to be considered in accordance with the foregoing procedure before any appeal is made for external adjudication by the Pensions Ombudsman.
Rules
1 The Rules relate to the University of Limerick Superannuation Scheme 1982 and the University Spouses or Civil Partners & Children’s Scheme 1984.
2 The following are the complaints and disputes to which these Rules apply:
(a) a complaint made by or on behalf of an actual or potential beneficiary (‘the complainant’) under the relevant pension scheme who alleges that he/she has sustained financial loss occasioned by an act of maladministration done by or on behalf of the University of Limerick.
(b) any dispute of fact or law that arises in relation to an act done by or on behalf of the University of Limerick in the management of the relevant pension scheme.
3 Prior to availing of the procedures referred to below in Rule 7, the complainant may refer the matter at issue for reconsideration by the Pensions Office. In the course of this reconsideration, the Pensions Office will refer the matter at issue for review by the Director of Human Resources (or their nominee) who has not dealt with the matter previously. Any request for review should include all relevant documents.
4 If the issue remains unresolved, the matter will be referred to the Deputy President (or their nominee).
5 The Deputy President (or their nominee) shall consider the subject matter of the complaint or dispute as set out in writing by the complainant and shall also consider a report on the said matter prepared by the Pensions Office. If the Deputy President (or their nominee) deems it appropriate, it may seek independent professional advice to assist in its deliberations on the complaint or dispute.
6 If, following the decision of the Deputy President (or their nominee) the complaint or dispute is not resolved, the complainant may submit an appeal to the Higher Education Authority (HEA) who shall refer the dispute to the Minister for Public Expenditure & Reform whose decision shall be final.
7 Particulars of the information required to be submitted in writing are set out below:
An application shall be in writing, signed by or on behalf of the actual or potential beneficiary and shall contain the following details:
i. the full name, address and date of birth of the actual or potential beneficiary
ii. the address to be used for service of documents in connection with the application,
iii. a statement concerning the nature of the complaint or dispute with sufficient details to show why the actual or potential beneficiary is aggrieved,
iv. a statement confirming that all internal institutional review mechanisms have been exhausted,
v. a copy of any relevant correspondence between the appellant and the University of Limerick, and
vi. such other information as the University of Limerick may reasonably require.
8 Appeals to the HEA should follow the Superannuation Schemes in the Universities – Appeals Process to Higher Education Authority.
9 If, following the decision by the HEA and the Minister for Public Expenditure & Reform the complaint or dispute is not resolved, the complainant is entitled to refer the matter to the Pensions Ombudsman for determination. Information concerning Internal Dispute Resolution Procedures and the role and functions of the Pensions Ombudsman is available from the Office of the Pensions Ombudsman, 36 Upper Mount Street, Dublin 2 – telephone 01 6471650 – or on the Pensions Ombudsman’s website www.fspo.ie
