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….

 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 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 St Dublin 2 Phone: 01 647 1650 Fax: 01 676 9577 [email protected]

www.pensionsombudsman.ie