PART IIN.I.Occupational Pensions

Resolution of disputesN.I.

[F1The dispute resolution procedureN.I.

50B.(1) The procedure provided for by the dispute resolution arrangements in pursuance of Article 50 (4)must (in accordance with Article 50(6)) include the following provision.

(2) The procedure must provide that an application for the resolution of a pension dispute under Article 50(4) may be made or continued on behalf of a person who is a party to the dispute mentioned in Article 50(3)(a)(ii)—

(a)where the person dies, by his personal representative,

(b)where the person is a minor or is otherwise incapable of acting for himself, by a member of his family or some other person suitable to represent him, and

(c)in any other case, by a representative nominated by him.

(3) The procedure—

(a)must include provision requiring an application to which paragraph (3A) applies to be made by the end of such reasonable period as is specified;

(b)may include provision about the time limits for making such other applications for the resolution of pension disputes as are specified.

(3A) This paragraph applies to—

(a)any application by a person with an interest in a scheme as mentioned in Article 50A(1)(e), and

(b)any application by a person with an interest in a scheme as mentioned in Article 50A(1)(f) who is claiming to be such a person as is mentioned in Article 50A(1)(e).

(4) The procedure must include provision about—

(a)the manner in which an application for the resolution of a pension dispute is to be made,

(b)the particulars which must be included in such an application, and

(c)the manner in which any decisions required in relation to such an application are to be reached and given.

(4A) The provision made under paragraph (4)(c) may include provision for decisions of the trustees or managers to be taken on their behalf by one or more of their number.

(5) The procedure must provide that if, after an application for the resolution of a pension dispute has been made, the dispute becomes an exempted dispute within the meaning of Article 50(9)(a) or (b), the resolution of the dispute under the procedure ceases.]

F1Arts. 50, 50A, 50B substituted (12.3.2008 for specified purposes, otherwise 6.4.2008) for art. 50 by Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), arts. 1(2), 250 (as amended (11.2.2008) by Pensions Act (Northern Ireland) 2008 (c. 1), s. 14) (with savings in art. 285(5)); S.R. 2008/104, art. 2