Complaints and disputes

Complaints

The PSPA is committed to offering an appropriate level of service to those it serves. If you are not satisfied with any aspect of the service we have provided to you, please tell us and we will help you to resolve this as quickly as possible through our complaints procedure. The procedure aims to help us 'get it right first time' and ensure each case is conducted in a fair, thorough and impartial manner. We will aim to handle complaints swiftly for an early resolution.

Please tell us if you have a complaint about:

  • Our standard of service
  • Unreasonable delays
  • A mistake we have made
  • How you have been treated by PSPA staff

We will of course, apologise and aim to put things right as quickly as we can. For more information see our complaints leaflet

Disputes

If you disagree with the manner in which we have applied the scheme rules and are not satisfied with the decision we have made this is a dispute and should be considered under our Internal Dispute Resolution Procedures (IDRP).  Some examples are:

  • The amount of retirement benefits you have received
  • Rejection or awarding of ill health retirement or injury benefits
  • Not being allowed to transfer out of the scheme

The provision of an Internal Dispute Resolution Process is a requirement of the Public Sector Pension Act 2011 and legislated for in the Public Sector Pension Schemes (Internal Dispute Resolution Procedures) (Amendment) Regulations 2012 (SD 2011/1085) (as amended).  More information about the process can be found in the IDRP leaflet or by contacting the PSPA directly.

  • Stage 1: The first stage gives you the opportunity to set out the nature of the disagreement and to receive a written explanation of any decision taken by the scheme administrators in response. We will acknowledge receipt of your dispute within 5 working days and provide you with a written decision within 3 months of receiving it
  • Stage 2: If you remain aggrieved with the first Stage response you have the right of appeal. Any application for a review of the Stage 1 decision must be made in writing within 6 months of the conclusion of Stage1. The PSPA will write to you confirming or replacing the decision made (or not made, if the referral is because of undue delay in making a decision) at Stage 1 within a further 3 months

If you remain aggrieved, the IDPR directs that you refer your dispute to the Isle of Man Pensions Ombudsman of Tynwald Ombudsman.

The Isle of Man Pensions Ombudsman

The Ombudsman is completely independent and impartial. He is not a regulator, consumer champion or a trade body, so when the Ombudsman looks at a complaint, he deals with both parties fairly. The Ombudsman will try to sort out the problem by looking at what both parties have to say before deciding how the problem should be resolved. The Ombudsman's services are free. The Ombudsman acts within the laws which say what he can and can't investigate. The Ombudsman's decision is final and binding on both parties and is enforceable in law.

How to complain to the Ombudsman

If you have such a complaint please contact the Isle of Man Pensions Ombudsman with information about your complaint:

Isle of Man Pensions Ombudsman.

The Tynwald Commissioner for Administration ('The Tynwald Ombudsman')

The Tynwald Ombudsman purpose is to investigate complaints from members of the public who claim to have sustained injustice or hardship as a result of service failures by, or the administrative actions of, the PSPA (including action taken on our behalf). The Tynwald Ombudsman will normally only deal with a complaint if it arises after 1 January 2020 and has been through internal procedures and the complainant is resident in the Isle of Man.

Please note that a complainant cannot ask the Tynwald Ombudsman to investigate, after an unsuccessful complaint to the Pensions Ombudsman as the Tynwald Ombudsman does not have the power to overturn decisions of other Ombudsmen.

It is also important to note that Section 11(2)(h) of the Tynwald Commissioner for Administration Act 2011 expressly precludes the TCA from investigating 'action taken in respect of appointment or removal, pay, discipline or superannuation of staff or other personnel matters.'

The Ombudsman can be contacted at:

Tynwald Commissioner for Administration

c/o Office of the Clerk of Tynwald

Legislative Buildings

Finch Road

Douglas

Isle of Man

IM1 3PW

Tynwald Ombudsman.

Ill Health and Injury Award Appeal Process

Stage 1 and Stage 2 of the PSPA’s Ill Health and Injury Award Appeal Process are explained in the PSPA’s Appeals Process: Ill Health Retirement and Injury Benefits. If after completing Stages 1 and 2 the claim is still in dispute, cases can be referred to the Isle of Man Pensions Ombudsman.

A right of appeal also exists to the Tynwald Ombudsman.

Please note that both of the Ombudsman work within strict boundaries as laid down in law. You may wish to refer to their respective websites in the first instance to find out more.