Murphy Lives On – or, Anything that can go wrong already has….. In the Public Service too!

With some observations on complaint handling Paul KennyThe Pensions OmbudsmanDecember 2007

When a complaint is made….

Does the Complaint handler…. 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

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

Some people are their own worst enemies The nit-picker

When he cries “wolf”, nobody listens any more

The Chip on the Shoulder Not again!

The Worrier But it might happen….

…to name but a few

Pitfalls

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

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 Even habitual complainers

A lot of people genuinely don’t know Real “chancers” are rare enough

But they do exist

An apology?

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 And complain to me

One Little Word

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

Most schemes are generally compliant, though there are always some problems

The requirements are straightforward (if potentially expensive) 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 The Golden RuleGolden Rule of Pension

Communication:Nobody Ever reads the small print

Public Service Schemes

Generally suffer from poor communication 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….

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 But it is the quickest way of closing the

matter down

A Revolutionary Proposal

Any chance of using Plain English?

Internal Disputes Resolution in the Public Service

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

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 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

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

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

Some Equal treatment cases fail for lack of valid comparator

Pension Levy – opters-out – and non-pensionable gratuity

“Transfers” that are not transfers, and the Spouses’ and Children’s scheme

Sessional Employees and the Health Service

Public Service problems 3

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

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

Some should never get to my office, but escalate due to Poor communication – both ways Lack of knowledge of trustee duties Failure to take complaint seriously

And some were never serious in the first place Failure to switch investment in less than 5 days

Thursday to Monday!! The Great PO Robber

QUESTIONS?

The Pensions Ombudsman

36 Upper Mount StDublin 2

Phone: 01 647 1650 Fax: 01 676 9577 info@pensionsombudsman.ie www.pensionsombudsman.ie