§ Mrs. FyfeTo ask the Secretary of State for Social Security if he will seek to amend the Pensions Act 1995 to ensure that the remit of the trustees of a pension scheme includes improving the level of protection of the interests of employees. [112865]
§ Mr. RookerWe have no plans to amend the Pensions Act in this respect. Under Trust Law pension scheme trustees already have a fiduciary duty to act in the best 151W interests of the beneficiaries of the scheme, including those members who are employees of the sponsoring employer.
§ Mrs. FyfeTo ask the Secretary of State for Social Security how many cases the Office of the Pensions Advisory Service has referred to the Pensions Ombudsman in the last year for which figures are available; and of these how many were upheld and subsequently enforced. [112864]
§ Mr. RookerIn the year ending 31 March 1999, the Office of the Pensions Advisory Service (OPAS) recommended 170 complainants take their case to the Pensions Ombudsman. OPAS suggested that a further 73 complainants, where the evidence was inconclusive, might consider taking their case to the Pensions Ombudsman. Of the 510 cases determined by the Pensions Ombudsman in the year to 31 March 1999, 122 of those upheld had been referred by OPAS.
It is expected that the determinations of the Pensions Ombudsman will be complied with. Determinations are enforceable by the complainant by means of a County Court order. The Pensions Ombudsman will assist in this procedure if necessary but is not able to keep records as to the total number of cases that have been enforced. There were no Court applications with which he assisted in the year to 31 March 1999.
§ Mrs. FyfeTo ask the Secretary of State for Social Security what steps he will take to ensure all pension schemes are compliant with the Disability Discrimination Act 1995. [112861]
§ Mr. RookerThe Department for Education and Employment has published a Code of Practice which provides practical guidance for anyone with duties under the Act's employment provisions, including managers and trustees of occupational pension schemes.
§ Mrs. FyfeTo ask the Secretary of State for Social Security how many grievances about occupational pension schemes have been considered by the Pensions Ombudsman in the last year for which figures are available. [112863]
§ Mr. RookerIn the year to 31 March 1999, the Pensions Ombudsman's office received 3,067 inquiries. The majority of these inquiries (1,940) were either referred back to the scheme to undergo the internal dispute resolution procedure or on to the Office of the Pensions Advisory Service or the appropriate regulatory authority. 719 cases were accepted for investigation. In addition, 624 cases were already being investigated at the start of the year. The Pensions Ombudsman issued 510 determinations in the year to 31 March 1999.
Source:
The Pensions Ombudsman's annual report 1998–99.
§ Mrs. FyfeTo ask the Secretary of State for Social Security what cases of complaint to the(a) Office of the Pensions Advisory Service and (b) the Pensions Ombudsman, have involved breaches of the Disability Discrimination Act 1995. [112867]
§ Mr. RookerNo complaints specifically involving breaches of the Disability Discrimination Act have been received by either the Office of the Pensions Advisory Service or the Pensions Ombudsman. Both organisations are aware that a small number of individuals may make reference to this Act in support of complaints about other152W pensions matters. However, neither office keeps statistics on the number of complaints that refer to the Disability Discrimination Act.
§ Mrs. FyfeTo ask the Secretary of State for Social Security what reports he has received as a result of monitoring and evaluating pension schemes of failures to comply with the Pensions Act 1995. [112866]
§ Mr. RookerThe Occupational Pensions Regulatory Authority (OPRA) is responsible for securing compliance with those provisions of the Pensions Act 1995 which govern the running of occupational pension schemes. As required by section 2 of that Act, the Secretary of State receives annual reports from the Chairman of OPRA about the activities of the Authority and lays them before Parliament.
The reports include detailed information and statistics relating to the investigations undertaken by OPRA in the last financial year, the numbers of investigations opened and closed, referrals to the Police and the Serious Fraud Office, and the nature of the penalties imposed by OPRA on those found to have failed to comply with the provisions of the Pensions Act. Copies of the three reports received to date, covering the financial years from 1996–97 to 1998–99, are in the Library.