There are a range of appeals procedures within the 2015 Scheme and some of these are complex.
If you have an appeal or complaint against a decision made by Peninsula Pensions, you should approach us in the first instance, and we will be able to explain the various procedures and the courses of action which are open to you.
If your appeal or complaint is against the Police Pension Authority then similarly, you should try to resolve any problem with the Police Pension Authority in the first instance.
If you fail to reach a satisfactory resolution, you may then wish to consider some of the other avenues which are explained below. Note, however, various time limits apply for making these appeals or complaints which run from the decision date which is the subject of the appeal and are not extended to take account of attempts at resolution with the Police Pension Authority.
If you are a serving member of a police force, you can contact your staff association for advice. If you have retired and you are unsure of where to turn to for advice in a dispute, you may wish to contact the National Association of Retired Police Officers (NARPO), NARPO House, 38 Bond Street, Wakefield, West Yorkshire, WF1 2QP. NARPO may also have a local branch in your area.
Medical appeals
If you wish to appeal against an SMP’s decision you may appeal to a Police Medical Appeal Board. You must normally give notice of your appeal to your Police Pension Authority within 28 days of receiving the report from the SMP.
Before the appeal is sent off to the Police Medical Appeal Board, it is possible for you and the Police Pension Authority to agree that the matter be referred back to the SMP under the internal review procedure.
The decision of the Police Medical Appeal Board is final subject to review by the courts or reconsideration by the Police Medical Appeal Board, with your agreement and the Police Pension Authority’s agreement.
Appeals to the Crown Court
If you are a member of a home police force, you may appeal to the Crown Court if you are unhappy about a decision relating to:
- a claim for payment of benefits received under the 2015 Scheme
- entitlement to receive payment of benefits where no claim was required to be made
- a claim for payment of a larger amount of benefits under the 2015 Scheme than the amount granted
- a decision as to whether a refusal to accept medical treatment is reasonable
- the reduction of the amount of pension you receive due to default
- forfeiture
Appeals to the Secretary of State
If you are a member of a police force in England and Wales other than the home police force, you may appeal to the Secretary of State if you are unhappy about a decision relating to:
- a claim for payment of benefits received under the 2015 Scheme
- entitlement to receive payment of benefits where no claim was required to be made
- a claim for payment of a larger amount of benefits under the 2015 Scheme than the amount granted
- a decision as to whether a refusal to accept medical treatment is reasonable
- the reduction of the amount of pension you receive due to default
- forfeiture
You may give notice of appeal to the Secretary of State, giving your grounds for appeal. The Secretary of State will then appoint an appeal tribunal to hear the appeal.
Internal dispute resolution procedures
If you have a complaint about the 2015 Scheme, or its administration, which you are not pursuing by means of an appeal under the medical appeal procedures, or to the Crown Court or to a tribunal, you should approach Peninsula Pensions in the first instance.
You will be entitled to receive a written explanation relating to your complaint.
If you still feel that you have a valid complaint, you (or someone representing your interests, such as your staff association) can make an appeal to your Police Pension Authority or to the Home Office if the matter relates to a direct responsibility of the Secretary of State under the Police Pension Regulations 2015.
There are time limits for making applications. More details, together with forms for your use, are available in our guide to what you should do if you have a dispute.
The Money Helper Website(Pension Wise)
If at any time you are having difficulties in sorting out your complaint, you may wish to visit the
Money Helper website. The Money Helper website offers free and impartial guidance through
Pension Wise and is backed by central Government. The website can be found at
www.moneyhelper.org.uk.
You can contact the Pension Wise helpline on 0800 011 3797
(Monday to Friday 9am to 5pm). You can also use the web chat service on the website.
Pensions Ombudsman
If Pension Wise is unable to resolve your problem, you can approach the Pensions Ombudsman.
020 7630 2200
www.pensions-ombudsman.org.uk
The Pensions Ombudsman has the power to investigate and determine complaints or disputes of fact or law in relation to occupational pension schemes, including
- any complaint alleging injustice as a result of maladministration
- any question of fact or law
However, the Ombudsman cannot investigate a complaint where an appeal under the medical appeal procedures has commenced.
The Pensions Regulator
The Pensions Regulator regulates occupational schemes such as the 2015 Scheme.
The Regulator’s main objectives include the protection of benefits of members of work-based pension schemes and the promotion of good administration of pension schemes.
The Regulator is able to intervene in the running of schemes where there have been breaches of legislation.
The Pensions Regulator can be contacted at:
Napier House
Trafalgar Place
Brighton
East Sussex BN1 4DW
0845 600 7060
www.thepensionsregulator.gov.uk