Murphy Lives On –
or, Anything that can go wrong already has….. In
the Public Service too!
With some observations on complaint handling
Paul Kenny
The Pensions Ombudsman
December 2007
When a complaint is made….
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Does the Complaint handler….
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Lend a sympathetic ear?
Attack the complainant?
Reach for their Lawyer?
Look up their Insurance Policy?
Actually look for the facts?
Agree that he has a case?
Apologise?
Refer the complainant to IDR?
No Standard Response to
complaints
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Responses vary according to the
“complainee” – some organisations
more open to complaints than others
Culture in some cases is “save money
at all costs” – even though there may
be injustice
And the Complainant
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Some people are their own worst enemies
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The nit-picker
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The Chip on the Shoulder
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When he cries “wolf”, nobody listens any more
Not again!
The Worrier
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But it might happen….
…to name but a few
Pitfalls
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Don’t be tempted to batten down the
hatches and hope he’ll go away – he won’t
Don’t treat complainants as dangerous
lunatics
Do acknowledge the complaint and treat it
seriously
Do try to deal with it as quickly as possible
Remember
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Most people who complain really do feel
aggrieved
Many feel they have a strong case
They may not be correct but should be
handled with respect
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Even habitual complainers
A lot of people genuinely don’t know
Real “chancers” are rare enough
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But they do exist
An apology?
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Remember that sometimes an apology is
enough (“it’s the principle…”)
Complainants need to feel they are being
listened to
Failure of the scheme /administrator /trustee
to reply will escalate the problem
People who feel they are not taken seriously
feel aggrieved
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And complain to me
One Little Word
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A missing word – a missing clause
“… because….”
Many complaints could be avoided by
giving an adequate – or a clear –
explanation of the reasons for trustees’
or employers’ actions, or the factors
that influence a decision
More confusion and more
complaints result from poor
communication than from almost
any other single factor.
When a complaint arises, keep
the lines of communication open
Compliance with Disclosure
Requirements
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Most schemes are generally compliant, though
there are always some problems
The requirements are straightforward (if
potentially expensive)
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Meeting them can be a problem!
Because of the weight of regulation, temptation is to
tick boxes without regard for clarity of the message
Public Service short-cut to disclosure
Perils of Communication
“You should keep this booklet in a
safe place for future
reference……”
 That’s all they ever do
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The Golden Rule of Pension
Communication:
Nobody Ever reads the small print
Public Service Schemes
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Generally suffer from poor
communication
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May be worse as you get further from the
centre
Circulars often incomprehensible – but
very accurate!
Incomplete information, e.g.,
contributions to be repaid
Problems I shouldn’t have….
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Some “complaints” can be disposed of
quickly
I should not have to write to a
complainant explaining the true
meaning of a “communication” from
scheme trustees
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But it is the quickest way of closing the
matter down
A Revolutionary Proposal
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Any chance of using Plain English?
Internal Disputes Resolution in
the Public Service
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Most Public Service schemes are
“Public Authority” schemes –but not all
Appeal to Minister
Possible appeal to Minister for Finance
Time limits are a joke
Three months will run from when
sufficient information received
IDR, continued
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PO does not have power to waive the
IDR requirement in a Public Authority
Scheme
BUT can deem the process to be
exhausted within its terms
I would prefer not to… but…
Public Sector Pensions
Administration
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Unevenness
What you get should not depend on what
Health Board region you worked in….
Or the whim of some official
Lack of experience in pensions matters
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Knowledge dispersed
Career structure
Pensions are not sexy!
Where there is tight control and specialist
staff, far fewer problems
Shared Services…..
Some complaints are unique
to the Public Service
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Added Years – delays in advising
costs; disputes over calculation of
added years; requirement for 9 years’
service
LGSS: Firefighters and Retirement
Age: pay increase, supplementary
pension
LGSS: Overtime – no consistency
Public Service problems 2
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Some Equal treatment cases fail for
lack of valid comparator
Pension Levy – opters-out – and nonpensionable gratuity
“Transfers” that are not transfers, and
the Spouses’ and Children’s scheme
Sessional Employees and the Health
Service
Public Service problems 3
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Allowances often the subject of
dispute
Service with grant-aided bodies
Co-ordination with State Pensions
Old Widows’ and Orphans’ schemes
LGSS 1956 Act Scheme –
preservation
Attempts to fetter discretionary powers
Public Service problems 4
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Divorce and Separation – Pension
Adjustment Orders
In Public Service, 6 orders may be
needed
Death Before commencement of
Benefit – an insane situation
Not all complaints are serious
- to start with
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Some should never get to my office, but
escalate due to
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Poor communication – both ways
Lack of knowledge of trustee duties
Failure to take complaint seriously
And some were never serious in the first
place
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Failure to switch investment in less than 5 days
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Thursday to Monday!!
The Great PO Robber
QUESTIONS?
The Pensions Ombudsman
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36 Upper Mount St
Dublin 2
Phone: 01 647 1650
Fax: 01 676 9577
info@pensionsombudsman.ie
www.pensionsombudsman.ie