Murphy may name and shame errant retirement funds

Published Aug 27, 2000

Share

John Murphy, the Pension Funds Adjudicator, is putting together a more

efficient system for dealing with complaints from consumers and part of his

plan involves a name-and-shame tactic to expose errant pension fund staff.

He has warned the industry that funds, administrators, employers and

lawyers must improve their standard of response.

Unco-operative, arrogant or incompetent individuals at pension funds and

companies could be exposed in the media or brought to the attention of

their seniors, who will be urged to take disciplinary action against the

staff member, he says.

The procedure when you put in a complaint to the adjudicator is that you

have to give your fund an opportunity to respond and this written response

must accompany your complaint.

Murphy says, while many responses are good, an equal number are incomplete,

sloppy and, in some instances, "downright arrogant".

Often he receives an excellent response from the principal officer of a

small fund while larger funds often miss the mark.

"It has everything to do with the attitude, skill, experience and general

motivation of the person who has to prepare the response on behalf of the

fund or company," he says.

Other steps that Murphy has suggested for speeding up the responses from

funds and companies:

* Funds should appoint a person to investigate complaints and to deal with

the adjudicator's office;

* A distress and inconvenience award should be introduced, forcing funds to

pay you between R1 000 and R5 000; and

* A rule nisi procedure for funds which fail to respond. Using this legal

procedure, Murphy may give funds or companies a 14-day ultimatum to prove

why he should not grant a fund member's request.

Murphy says after analysing complaints to his office has he has found that

no more than 25 percent require determination - the rest must be resolved

by conciliation or advice.

Many pension fund members are looking to test the reliability, validity or

fairness of a fund decision and essentially want a second opinion from a

disinterested outsider.

A shortage of skilled personnel and lack of experience in assessing

complaints has lead the adjudicator's office to treat all complaints

equally and standard requests for information have been sent off to pension

funds or members who have sent in complaints.

But to save time, Murphy is introducing a screening process whereby each

complaint is assessed at the time it is lodged, in order to prioritise

important complaints and to identify the best method of processing them.

"In this way, we should be able to identify the 20 to 30 important

complaints received every month and keep control over them in such as way

that they will be processed within a three-to-six-month period," he says.

Before that can happen Murphy says additional staff must be appointed, the

backlog of complaints must be brought under control and pension funds must

improve on their internal methods of dispute resolution.

Murphy is interviewing people for three investigative posts and hopes to

make appointments in the next two months.

In the last four months, his office has cleared 1 200 complaints mostly by

means of a short written advice to fund members or by other means of

settlement.

This means that the current number of complaints is 1 300 and Murphy

expects about 200 to 300 of these will require determination, while the

remaining 1 000 can be resolved by advice, agreement or withdrawal in the

next three months.

Related Topics: