Internal dispute resolution procedure

ROYAL ORDNANCE Pension Scheme
INTERNAL DISPUTE RESOLUTION PROCEDURE

1. Introduction
The Trustees of the ROYAL ORDNANCE Pension Scheme have adopted the procedure set out in this paper for the formal resolution of disagreements about matters in relation to the Scheme.
In implementing this procedure, the Trustees will comply with the requirements of Section 50 of the Pensions Act 1995 (resolution of disputes) and the Occupational Pension Schemes (Internal Dispute Resolution Procedures) Regulations 1996.
2. People who can use the procedure
The following categories of people may use this procedure.
a) Members of the Scheme
b) Employees of a participating employer whose contracts of service says that they are eligible to join the Scheme.
c) Former members who are still entitled to benefits under the Scheme.
d) People who are receiving pension benefits from the Scheme.

5. 
   Widows, widowers and surviving dependants of deceased members of the Scheme.
   

f) Any other person with a disagreement with the Trustees about a matter in relation to the Scheme.
Any complainant may act by a representative.
3. Disagreements to which the procedure applies
The procedure only applies to disagreements with the Trustees.
If a disagreement is with the employer, the Trustees will refer the matter to the employer and formally notify the complainant that they have done so.
4. Application under the procedure
Applications under the procedure must be made in writing to N.P.Tinsley, Pensions Director, BAE SYSTEMS plc, Company HQ, PO Box 87, Chester House, Farnborough Aerospace Centre, Farnborough, Hants. GU14 6YU and must include the following details:
a) The complainant's full name, address, date of birth and national insurance number.
b) If the complainant is the widow, widower or dependant of a deceased member details of their relationship to the member and the member's full name, address, date of birth and national insurance number.
c) The full name and address of any representative acting on behalf of the complainant and confirmation of whether any correspondence or documents concerning the disagreement should be sent to the representative or directly to the complainant.
d) The background to the disagreement and details of why the complainant is aggrieved.
To assist complainants, a "formal complaint form" will be provided.
5. First instance decision
The Trustees have appointed any two members of the Trustees Discretionary Committee, provided that at least one of those is a Member Nominated Trustee, to consider and respond to all applications under the procedure in the first instance. The committee may obtain any professional advice that it requires from the Trustees' appointed advisors.
Applications will be acknowledged within 14 days and a full written response will normally be provided no later than two months after an application is received.
The full written response will:
a) set out the decision that has been made;
b) refer to any legislation relied on in coming to the decision;
c) refer to any relevant scheme rules or other provision;

4. 
   confirm the complainant's right, within six months from the date of the first instance decision, to ask the Discretionary Committee as a whole to reconsider the matter; and
   

e) confirm that OPAS (The Occupational Pensions Advisory Service) is available to assist members and beneficiaries of the Scheme in connection with difficulties which they have failed to resolve with the Trustees and the address at which OPAS may be contacted.

6. 
   give details of how to apply to the Trustees for reconsideration of the matter.
   

If a full written response is not provided within two months, an interim reply will be sent to explain the reasons for the delay and give an indication of when a decision may be expected.

A report of all applications received and decisions made must be provided at the next meeting of the Discretionary Committee.
6. Appeal to the Trustees
A complainant who is dissatisfied with the first instance decision may ask the Discretionary Committee as a whole to reconsider the matter. The complainant must ask the Discretionary Committee to reconsider the matter no later than six months from the date of the notice of the first instance decision.
Applications for the Trustees to reconsider the matter must be in writing and must include the following details:
a) The complainant's full name, address, date of birth and national insurance number.
b) If the complainant is the widow, widower or dependant of a deceased member, details of their relationship to the member and the member's full name, address, date of birth and national insurance number.
c) The full name and address of any representative acting on behalf of the complainant and confirmation of whether any correspondence or documents concerning the disagreement should be sent to the representative or directly to the complainant.
d) A copy of the notice of the first instance decision.
e) A statement of the reasons why the complainant is dissatisfied with the first instance decision.
f) A statement that the complainant wishes the Discretionary Committee to reconsider the matter.
7. Decision of the Trustees
Applications for the Discretionary Committee to reconsider the matter will be acknowledged within 14 days and a full written response will be provided no later than two months after an application is received.
The full written response will:
a) set out the decision that has been made;
b) confirm whether (and to what extent) the first instance decision has been upheld or changed;
c) refer to any legislation relied on in coming to the decision;
d) refer to any relevant scheme rules or other provision;
e) confirm that OPAS (The Occupational Pensions Advisory Service) is available to assist members and beneficiaries of the Scheme in connection with difficulties which they have failed to resolve with the Trustees and the address at which OPAS may be contacted.
f) state that the Pensions Ombudsman may investigate and determine any complaint or dispute of fact or law in relation to the Scheme and the address at which the Ombudsman may be contacted.
If a full written response is not provided within two months, an interim reply will be sent to explain the reasons for the delay and give an indication of when a decision may be expected.
The Discretionary Committee's decision is the final stage of this procedure. However, there may be complaints which raise major issues of principle or matters which are outside the remit of the Discretionary Committee. In those circumstances, the Discretionary Committee (or 2 members of the Committee at the first stage) may refer the matter to the Trustees as a whole.
The Trustees may alter or replace the above procedure at any time.
Appendix 2

ROYAL ORDNANCE Pension Scheme
FORMAL COMPLAINT FORM

A. DETAILS OF MEMBER OR EMPLOYEE
	Title	Dr	Surname
	Forenames
			Address
			Post Code
	Date of birth
National insurance number

If you are not the member - e.g. if you are a widow,widower or dependant of a deceased member:

B. DETAILS OF COMPLAINANT (IF DIFFERENT)
	Title		Surname
	Forenames
			Address
			Post Code
	Date of birth
Relationship to member

If you wish to appoint a representative to act on your behalf:

C. DETAILS OF REPRESENTATIVE (IF ANY)
	Title		Surname
	Forenames
			Address
									Post Code
Is all correspondence to be sent to this representative?	Yes/No

D. DETAILS OF DISAGREEMENT

Please explain the disagreement giving dates (if relevant): say what you think should be done to put matters right. Please enclose a copy of any relevant correspondence or document.

(Continue on a separate sheet, if necessary)

Please sign and date this form:

Signed:_____________________ Date: _____/_____/_____

When complete, please return this form to: N.P.Tinsley, Pensions Director, BAE SYSTEMS plc, Company HQ, PO Box 87, Chester House, Farnborough Aerospace Centre, Farnborough, Hants. GU14 6YU

You will normally receive a formal response to your complaint within 2 months. If your complaint is not dealt with within 2 months you will be sent a letter explaining the reason for the delay. This letter will also tell you when a formal response will be provided.