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

1. Murphy Lives On – or, Anything that can go wrong already has….. In the Public Service too! Withsome observations on complaint handling Paul KennyThe Pensions Ombudsman December 2007

2. 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?

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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 thesmallprint

12. 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

13. 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

14. A Revolutionary Proposal • Any chance of using Plain English?

15. 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

16. 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…

17. 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…..

18. 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

19. 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

20. 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

21. 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

22. 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

23. QUESTIONS?

24. The Pensions Ombudsman • 36 Upper Mount StDublin 2 • Phone: 01 647 1650 • Fax: 01 676 9577 • info@pensionsombudsman.ie • www.pensionsombudsman.ie