Social Welfare Law Reform and Pensions Act 2006
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Functions of Pensions Ombudsman. |
43.— Section 131 of the Principal Act is amended by substituting the following for subsection (6): | |
“(6) (a) The Pensions Ombudsman shall not investigate or determine a complaint or dispute unless the procedures referred to in section 132 have been resorted to and exhausted in accordance with their terms. | ||
(b) Notwithstanding paragraph (a), the Pensions Ombudsman may investigate or determine a complaint or dispute not relating to a public authority scheme or to a statutory scheme to which section 776 of the Taxes Consolidation Act 1997 applies provided he is satisfied that— | ||
(i) the complaint or dispute is of such a nature that the operation of the procedures referred to in paragraph (a) is inappropriate in the circumstances of the case, and | ||
(ii) it is reasonable in the circumstances that he should investigate and determine the complaint or dispute. | ||
(6A) In this section ‘public authority scheme’ has the same meaning as in the Pensions Ombudsman Regulations 2003 ( S.I. No. 397 of 2003 ).”. |