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With effect from 14 November 2000, complaints
about matters that have been properly dealt with under the terms
of the Pensions Review are beyond the scope of the PIA Ombudsman
except in limited circumstances.
The
following paragraph was added to the PIA Ombudsman Bureau’s terms
of reference to bring about this position:
“5.2A
If, in respect of a complaint relating to a pension transaction,
the Ombudsman is satisfied that the firm in question has reviewed
the transaction in accordance with the PIA’s standards for the
review of such transactions (including, if appropriate, making
an offer of redress to the complainant) then he shall make no
award or recommendation unless he is of the opinion that the
particular circumstances of the case are not addressed by the
standards.”
This
applies equally cases to which are subject to the Review of FSAVCs
(Free Standing Additional Voluntary Contributions).
other
amendments
The ombudsmen no longer require the leave of either the Council
or Board to reopen a case where either the complainant or the
firm presents new evidence after an ombudsman has reached a final
decision. If no new evidence is presented, then the ombudsman’s
decision is final.
The
new paragraph 6.1(c)(i) now says,
6.1
“The Ombudsman shall have no power to investigate a complaint
unless he is satisfied that . . .
(c)
(i) the complaint contains no subject matter any part of which
was comprised in any previous complaint made to any Ombudsman
(provided that the Ombudsman may consider a complaint if he
is satisfied that new evidence is available in relation to the
complaint which was not available at the time the previous complaint
was considered);”
The
PIA Ombudsman Bureau’s Board has also made a number of minor
amendments to the terms of reference to deal with the replacement
of the Council by the Board, so that former references to Council
now read as references to the Board.
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