S.I. No. 302/2006 - Pension Ombudsman Regulations, 2006

S.I. No. 302 of 2006

PENSION OMBUDSMAN REGULATIONS, 2006

The Minister for Social and Family Affairs, in exercise of the powers conferred on him by sections 5, 131 and 132 (inserted by section 5 of the Pensions (Amendment) Act, 2002 (No. 18 of 2002)) of the Pensions Act, 1990 (No. 25 of 1990), and with the consent of the Minister for Finance hereby makes the following Regulations:-

Citation.

1.  (1) These Regulations may be cited as the Pensions Ombudsman Regulations 2006.

(2)  These regulations and the Pensions Ombudsman Regulations 2003 ( S.I. No. 397 of 2003 ) shall be construed together as one and may be cited as the Pensions Ombudsman Regulations 2003 to 2006.

Amendment to Articles 4 and 5.

2.  The Pensions Ombudsman Regulations, 2003 ( S.I.No. 397 of 2003 ) are amended -

(a)  in article 4 by substituting “64A and 81G of the Act or by the Director of the Equality Tribunal in accordance with sections 81E or 81F.”, for “64A and 75 of the Act or by the Director of Equality Investigations in accordance with section 76(1)(g) of the Act.”, and

(b)  in article 5 by inserting the following after sub-article (5)-

“(6)  Where an actual or potential beneficiary has made a complaint or referred a dispute to a relevant person in accordance with sub-article (3), the procedures referred to in sub-article (1) shall be deemed to be exhausted within their terms at the expiry of-

(a)             three months from the date on which all the particulars specified in article 5(3)(a)(iii) were received by the relevant person, or

(b)             such other later date as appears to the Pensions Ombudsman to be reasonable having regard to the facts of the case.”.

The Minister for Finance consents to the making of the foregoing Regulations.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation).

These Regulations amend the Pensions Ombudsman Regulations ( S.I. No. 397 of 2003 to -

(a)  take account of changes made in relation to redress provisions in Part VII of the Act (Equal Pensions Treatment) whereby complaints relating to equal pension treatment are no longer submitted to the Pensions Board but rather to the Director of the Equality Tribunal, and

(b)  clarify that an IDR procedure is exhausted within its terms at the expiry of the three month period from when all the particulars of the complaint have been furnished, or where the Ombudsman considers it appropriate at a later date to be specified by him.