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Internal dispute resolution procedure

If you have any complaints about your rights and benefits under The Emerson UK Pension Plan (‘the Plan’), you should raise them formally through the Internal Dispute Resolution Procedure (‘IDRP’). This procedure may not be available if you have already started legal proceedings in connection with the complaint or referred it to the Pensions Ombudsman.

Who can make a Complaint?

You can make a complaint if you are (or were, at any time within six months before making the complaint):

  • a member of the Plan or able to join the Plan in the future;
  • a pensioner currently receiving a pension from the Plan, including any widow, widower, surviving civil partner and children; or 
  • expecting to receive a pension from the Plan in the future.

In addition, you can make a complaint if it relates to whether or not you fall within one of these categories.

You can pursue your complaint yourself or appoint a representative to follow this procedure on your behalf. If you are responsible for a child or others who cannot represent themselves, you may make a complaint on their behalf.

What Procedure Must I (Or My Representative) Follow to make a Formal Complaint?

Put your complaint in writing to the Secretary to the Trustee:

Pam Sohi
c/o WTW
4 Falcon Way, Shire Park
Welwyn Garden City
Herts AL7 1TW

Or by emailing: pam.sohi@wtwco.com

Applications may also be submitted via email to the Plan Secretary at Emerson.Trustee.Secretary@willistowerswatson.com. The subject heading should be ‘IDRP – for the attention of the Plan Secretary’. Applicants should be aware that email is not secure and should use appropriate encryption (such as password protection) if sending personal or sensitive information. You should explain your complaint, and include details of:

  • your full name;
  • your address:
  • your date of birth;
  • your National Insurance number; and
  • the section of the Plan to which your complaint relates.

Please also include any relevant documents or correspondence.

You (or if somebody is representing you, your representative) should then sign your complaint.

If you were not a member of the Plan yourself – for instance, because you are a widow or  widower – then you should give the details of the member in respect of whom you are claiming benefits, as well as your own details. If you are making a complaint on behalf of someone else, you should explain your relationship to that person, give your full name and address and confirm the correct address to be used for sending any documents in connection with the complaint.

Stage 1

Upon receiving the complaint, the Secretary will acknowledge it in writing. In that letter, details of the Pensions Ombudsman, who investigates and determines complaints and disputes, will be included. The Secretary will act as the first-stage decision maker and will decide on your complaint within two months. A written answer will be provided to you (or your representative) no later than 15 working days after the decision has been made.

This reply will include a statement of the decision made. It will also refer to the relevant Plan rule or legislation, or the exercise of any discretion, which forms the basis of the decision.

If it is not possible to give you a full answer within two months, the Secretary will send an interim reply setting out the reasons for the delay and an expected date for issuing the full decision.

The Secretary will also forward a copy of your complaint, together with copy of the reply, to the Trustee so that the Trustee is aware of your complaint.

Stage 2

If you are not satisfied with the reply that you receive from the Secretary to the Trustee, you should write to her again within six months of receiving her reply. You should state that you, or your representative, are not satisfied with her answer and ask her to refer your complaint to the Trustee for reconsideration.

You should clearly state the reasons why you are dissatisfied with the original response from the Secretary. As before, you should include your name, your address, your date of birth, your National Insurance number and the section of the Plan to which your complaint relates. You should also include a copy of the original response. You, or your representative, must sign this second statement.

The matter will be considered by the Trustee Board and a second stage decision should be issued within two months of receiving the complaint. A written reply on its behalf will be provided no later than 15 working days after the decision has been made. This reply will include a statement of the decision, together with an explanation of the extent to which the decision confirms or replaces the previous decision by the Secretary to the Trustee.

If it is not possible to give you a full answer within two months, the Trustee will send an interim reply setting out the reasons for the delay and an expected date for issuing the full decision.

If your complaint is made outside the six-month time limit, the Trustee will decide whether or not it will consider the complaint.

Stage 3

If you’re still dissatisfied by the decision made by the Administering Authority Representative you may approach The Pensions Advisory Service (TPAS) by writing, telephone or via their online enquiry form. Their details are:

Address:
Money and Pensions Service
120 Holborn
London
EC1N 2TD

Telephone: 0800 011 3797 (lines are open from 9am to 5pm Monday to Friday)
Online enquiry form: www.pensionsadvisoryservice.org.uk/contacting-us/online-enquiry-form

After contacting TPAS you may take your complaint to The Pensions Ombudsman. Please note that they can’t investigate matters where legal proceedings have already started.

The Ombudsman’s decisions are final and binding on all parties and you must refer your complaint to them within three years of the event of which you’re complaining, or within three years of when you become aware of the problem. Their details are:

Address:
The Pensions Ombudsman
10 South Colonnade
Canary Wharf
E14 4PU

Telephone: 0800 917 4487 (lines are open from 9am to 5pm Monday to Friday)
Email: helpline@pensions-ombudsman.org.uk

Data Protection

In order for the Trustee to process your complaint, relevant evidence and information will need to be provided. This is likely to include personal data, which will be processed in accordance with the Trustee’s privacy notice which is available to view here.

Future changes

The Trustee reserves the right to alter these procedures to reflect experience and changes of circumstances or law.

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