An appeal or dispute resolution provision is usually set out in the relevant pension scheme rules and/or in the Public Service body’s governing legislation. The Minister for Public Expenditure, NDP Delivery and Reform may only make a determination in respect of pension appeals where the scheme rules and/or legislation give the minister the authority to do so.
In that regard, it is important for each body to establish, based on their pension scheme rules and governing legislation, who the arbiter of disputes is. An appeal provision in the establishing legislation of a body may look like:
“If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefits payable in pursuance of a scheme or schemes under this section, such dispute shall be submitted to the minister who shall refer it to the Minister for Finance*, whose decision shall be final.”
*now the Minister for Public Expenditure, NDP Delivery and Reform, to whom functions transferred under S.9(1)(a)(i) of the Ministers and Secretaries (Amendment) Act 2011.